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09-09-2014 (City Council) Agenda Packet
Wylie City Council CITY O F WYLIE NOTICE OF MEETING Regular Meeting Agenda September 9, 2014 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas. v_ within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas. ov. 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 • Pastor David Keuss—The Lakes Church PRESENTATIONS • Presentation—Keep Texas Beautiful Award Presentation (Community Waste Management) 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. September 9,2014 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will he 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 August 14, 2014 Special Called Joint Work Session, the Regular Meeting, the August 26, 2014 Regular Meeting, and the September 2, 2014 of the Wylie City Council, (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2014-23(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No.97-576-08-25. (M. Sferra, Public Services Director) C. Consider, and act upon, Resolution No. 2014-24(R) authorizing the City Manager to execute License Agreement 220661 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2014-25(R) authorizing the City Manager to execute License Agreement 220662 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipeline encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) E. Consider, and act upon, Resolution No. 2014-26(R) authorizing the City Manager to execute License Agreement 220663 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) F. Consider, and act upon, Resolution No. 2014-27(R) authorizing the City Manager to execute License Agreement 220664 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) G. Consider, and act upon, Resolution No. 2014-28(R) authorizing the City Manager to execute License Agreement 220665 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) H. Consider, and act upon, Resolution No. 2014-29(R) authorizing the City Manager to execute License Agreement 220666 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) I. Consider, and act upon,Resolution No. 2014-30(R) authorizing the City Manager to execute License Agreement 220667 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas.. (M. Sferra, Public Services Director) September 9,2014 Wylie City Council Regular Meeting Agenda Page 3 of 5 J. Consider, and act upon, Resolution No. 2014-31(R) authorizing the City Manager to execute License Agreement 220689 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) K. Consider, and act upon, Resolution No. 2014-32(R) authorizing the City Manager to execute License Agreement 220690 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) L. Consider, and act upon, Resolution No. 2014-33(R) authorizing the City Manager to execute a Contract for Paramedic Ambulance Service between East Texas Medical Center (E.T.M.C.) and the Southeast Collin County E.M.S. Coalition consisting of the following communities: City of Wylie, City of Parker,the Town of St. Paul, City of Lavon and Collin County. (B. Parker, Fire Chief) M. Consider, and act upon, Resolution No. 2014-34(R) authorizing the City Manager to execute a Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center(E.T.M.C.) and the City of Wylie. (B. Parker, Fire Chief) N. Consider, and act upon, Resolution No. 2014-35(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Rockwall County for Fire Protection Services. (B. Parker, Fire Chief) O. Consider and act upon the award of bid # W2014-78-A for Janitorial Services; to All Janitorial Professional Services, Inc. in an estimated annual amount of $137,000.00, and authorizing the City Manager to execute any and all necessary documents. (M. Sferra, Public Services Director) P. Consider and act upon, of Ordinance No. 2014-27 amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. (C. Hoisted, City Engineer) Q. Consider, and act upon, Ordinance No. 2014-28 amending the zoning from Commercial Corridor to Planned Development— Light Industrial (PD-LI) to develop a light assembly facility with limited industrial uses; on approximately 2.655 acres generally located north of West FM 544 and east of Commerce Drive. ZC 2014-04 (R. 011ie, Director Development Services) R. Consider, and act upon, approval of Ordinance 2014-29 setting a date, ordering a public hearing for October 14, 2014 to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees (C. Hoisted, City Engineer) RECESS CITY COUNCIL CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION (4b) September 9,2014 Wylie City Council Regular Meeting Agenda Page 4 of 5 1. (4B) Consider, and act upon, approval of the Minutes from the September 10, 2013 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2.(4B) Consider, and act upon,the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2015 and ending December 31, 2016. (C. Ehrlich, City Secretary) 3.(4B) Consider, and act upon, approval of the FY 2014-2015 4B Budget and authorize expenditures for the FY 2014-2015 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) ADJOURN 4-B BOARD RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon a change in zoning from Agricultural (A/30) and Planned Development 93-29 to Planned Development-Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located east of W.A. Allen Blvd. and north of Stone Road, immediately east of Stone Grove Addition. ZC 2014-05 (R. 011ie, Planning Director) Executive Summary The applicant is requesting to establish permanent zoning on approximately 38 acres of land, of which 18 acres was recently annexed into the city. The subject property shall be developed in accordance with attached planned development conditions (Exhibit "B") to create a residential development of single family dwellings, and to provide connections to existing Stone Grove Phase I Addition to the west. 2. Consider, and act upon, approving the property tax increase reflected in the budget. (L. Bantz, Finance Director) Executive Summary The tax rate needed to fund the FY 2014-2015 budget is $0.878900 per $100 of assessed valuation. Although this tax rate represents a decrease of$0.005 (one-half cent) from the tax rate in FY 2013-2014, there will be an increase in tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate vote to ratify this property tax increase that is reflected in the budget. (L. Bantz, Finance Director) 3. Consider, and act upon, Ordinance No. 2014-30 adopting a budget and appropriating resources for Fiscal Year 2014-2015, beginning October 1, 2014, and ending September 30, 2015. (L. Bantz, Finance Director) Executive Summary The tax rate being proposed for Fiscal Year 2014-2015 is $0.8789 per $100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. September 9,2014 Wylie City Council Regular Meeting Agenda Page 5 of 5 4. Consider, and act upon, Ordinance No. 2014-31 fixing the tax rate/levy for Tax Year 2014 and Budget Year FY 2014-2015 at $0.87890 per$100 of assessed valuation. (L. Bantz, Finance Director) Executive Summary The tax rate needed to fund the FY 2014-2015 budget is $0.87890 per$100 of assessed valuation. The tax rate is broken down with $0.597978 being used for operations and maintenance and $0.280922 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of $15,659,737 for the General Fund and $7,356,733 for the I & S Fund. The adopted Fiscal Year 2014-2015 budget requires the support of this ordinance for funding. The motion to approve the tax rate must be made in the above format due to state law requirements found in Section 26.05(b) of the Property Tax Code since the tax rate exceeds the effective tax rate of$0.831323. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. 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 5'h day of September, 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.gov. Carole Ehrlich, City Secretary Date Notice Removed OF IV "ftt' Ifff Wylie City Council ` AGENDA REPORT a�a -PATE ss OW VOA Meeting Date: 09-09-2014 Item Number: Presentation Department: CM (Cit)?Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 07-31-14 Budgeted Amount: NA Exhibits: NA Subject Keep Texas Beautiful award Recommendation No Action needed Discussion The City of Wylie Solid Waste Contractor, Community Waste Disposal,will present a "Keep Texas Beautiful" award. The City has received this award from "Keep Texas Beautiful" for the second year in a row due to our recycling and Extreme Green event initiatives. Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Agenda Joint Work Session City of Wylie and City of Sachse August 14, 2014 — 6:30 p.m. City of Wylie Smith Public Library-Multipurpose Meeting Room 300 Country Club Road, Building 300 Wylie, Texas 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the Wylie City Council meeting to order at 6:40 p.m. with the following council members present: Mayor pro tem Keith Stephens, Councilman William Whitney III, Councilman Todd Wintters, and Councilman David Dahl. Councilmen Nathan Scott and Bennie Jones were absent. Mayor Mike Felix called the Sachse City Council meeting to order at 6:41 p.m. with the following council members present: Councilman Bill Adams, Councilman Charles Ross, Councilman Brett Franks, Councilman Paul Watkins, and Councilman Cullen King. Mayor pro tem Jeff Bickerstaff was absent. Staff members present included: Wylie City Manager, Mindy Manson; Wylie Assistant City Manager, Jeff Butters; Wylie Fire Chief, Brent Parker; Wylie City Engineer, Chris Hoisted; Wylie PIO, Craig Kelly; Wylie Records Analyst Stephanie Storm, Sachse City Manager Billy George, Sachse City Secretary Terry Smith, and several city support staff. WORK SESSION • Presentation from the North Central Texas Council of Governments and the Texas Turnpike Corporation, and discussion regarding the Blacklands Prairie Corridor update (new transportation facility along or near the Northeast Texas Rural Rail Transportation District right-of-way from IH 30 in Hunt County to the President George Bush Turnpike in Dallas County). Minutes August 14, 2014 Special Called Meeting Agenda Joint Work Session City of Wylie and City of Sachse Page 1 Presentation Tom Shelton, Senior Program Manager for The North Central Texas Council of Governments gave a quick overview of the scope of the feasibility study. Mr. Shelton stated a more in depth presentation will be done at the September 4th public meeting. The quick overview included: • Transportation needs presently and in the future, • Evaluate multimodal alternatives for transportation needs • Involve the public, detailed information • Proposed possible routes The proposed corridor would extend from IH 30 in Greenville to the George Bush Turnpike near Sachse/Rowlett. The corridor would run approximately 28.3 miles. Neal Barker, representing the Texas Turnpike Corporation, did a presentation on a project he referred to as the Northeast Gateway. Mr. Barker's presentation showed the environmental constraints and viable corridors. Mayor Hogue asked Mr. Barker how many toll roads they currently operate. Mr. Barker stated currently they do not operate any toll roads. Mayor Hogue asked Mr. Barker to explain limited access. He stated that the toll road will have 7 entrances and exits with no frontage roads. Sachse Councilman Adams asked if the project would start at 1-30 or 1-90. Mr. Barker and Mr. Shelton were not quite sure where it would start currently; two factors would come into play: 1) where is the greatest need, and 2) where is the easiest place to start. It is anticipated that once the project starts, the construction will take four years to complete. Mayor pro tern Stephens asked if there was a preferred optimal route. Mr. Barker stated currently no; there are pros and cons to each route. Mayor Hogue asked Mr. Barker what cities the firm had met with. Mr. Barker replied Rowlett and Rockwall. Councilman Whitney asked if there was a beginning construction date and they stated the end of 2015. Councilman Whitney also asked if they had reached out to the citizens that would be impacted by the toll road. Mr. Barker replied they will at the September 4th public meeting. Mayor Hogue asked Mr. Shelton if there had been any talk about expanding 1-30 to handle the higher capacity instead of recreating the wheel. Mr. Shelton replied that the two areas are attracting two different audiences, that is why both projects are needed. Mayor Hogue replied that he understood that Collin County is going to grow, but wanted to ensure whatever is done is the right thing for the community. Mr. Shelton stated that NTCOG would provide guidance and oversight on the project and that TxDOT will be involved to finalize the documents. The feasibility study is scheduled to be completed sometime toward the end of 2014. Minutes August 14, 2014 Special Called Meeting Agenda Joint Work Session City of Wylie and City of Sachse Page 2 ADJOURNMENT Mayor Mike Felix adjourned the Sachse City Council. A motion was made by Wylie Mayor pro tern Stephens, seconded by Wylie Councilman Whitney to adjourn the meeting at 7:48 p.m. A vote was taken and the motion passed 4-0 with Councilmen Nathan Scott, Todd Wintters, and Bennie Jones absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 14, 2014 Special Called Meeting Agenda Joint Work Session City of Wylie and City of Sachse Page 3 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, August 26, 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 6:04 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Todd Wintters, Councilman Bennie Jones, Councilman William Whitney III, and Councilman David Dahl. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Brent Parker; Police Chief, John Duscio; City Engineer, Chris Hoisted; Finance Director, Linda Bantz; WEDC Executive Director, Sam Satterwhite; Planning Director, Renae 011ie; Human Resources Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor David Keuss of The Lakes Church gave the invocation and K-9 Officer Brenda Martin and Caro led the Pledge of Allegiance. PRESENTATIONS • Presentation - Retirement of K9 Caro Mayor Hogue presented a proclamation honoring the retirement of K-9 Caro to K-9 Officer and handler Brenda Martin, and Police Chief John Duscio. Officer Caro will reside with K-9 Officer Martin during his retirement years. Officer Caro has served the City for five and a half years. 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. Minutes August 26, 2014 Wylie City Council Page 1 • Information about the Elks Organization and their interest in establishing a new lodge in Wylie, TX. Jud Good, representing the Benevolent Order of the Elks, gave a presentation regarding the charitable contributions the Order of the Elks provides to the communities they serve. He stated that because Wylie is a growing city, meeting all criteria for a lodge, State President John Huffum has asked the organization to establish a lodge in Wylie. Mr. Good asked council for their support in establishing the Order of the Elks in Wylie. Lola Waterman, Nancy Hansen, Sandra Ritzman, and Annilee Waterman, all residing in Dallas County, addressed council in opposition of the proposed toll road Northeast Gateway and a proposed alignment that would intersect their properties. They requested council address their opposition with North Central Texas Council of Governments and the Texas Turnpike Corporation. 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 August 12, 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 July 31, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2014. (L. Bantz, Finance Director) D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2014. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD- LI) to allow for the development of a Light Assembly facility with limited industrial Minutes August 26, 2014 Wylie City Council Page 2 uses; on approximately 2.65 acres generally located east of Commerce Street and north of Business Way. ZC 2014-04 (R. 011ie, P&Z Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to amend the zoning on approximately 2 acres of commercially zoned land to allow for a light industrial facility and to establish guidelines for such development. The guidelines as described in Exhibit B outline the conditions and uses of the proposed ordinance. 011ie explained conditions of the PD allow service and loading areas to face a public street or adjacent residential districts. The primary facade will front Commerce Street. Special Conditions of the PD prohibit certain uses typically allowed within the LI District by the current Zoning Ordinance. Animal Boarding without outside pens, automobile rental, mini-warehouse, and outside storage are prohibited, while contractor's maintenance yard requires an SUP. 011ie reported that notification/responses were mailed to Twenty-Nine (29) persons; with one (1) written response returned favoring the request and zero (0) responses opposing the request at the time of posting. The Commission voted 5-0 for recommended approval of the zoning. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2014-04 at 6:46 p.m. asking anyone present wishing to address council to come forward. There were no citizens wishing to address council during the public hearing. Mayor Hogue closed the public hearing at 6:47 p.m. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to approve a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD-LI) to allow for the development of a Light Assembly facility with limited industrial uses; on approximately 2.65 acres generally located east of Commerce Street and north of Business Way. (ZC 2014-04)A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing on the fiscal year 2014-2015 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final proposed budget. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that a public hearing is required to be held on the fiscal year 2014-2015 Proposed Budget. In addition the date, time and place that the vote will be taken on the final budget must also be scheduled. Any changes made to the proposed tax rate or proposed budget could affect required publications and steps in the tax rate and budget approval process. Mayor Hogue thanked the City Manager, Staff, and the Finance Department for their hard work in preparing the FY 2014/2015 Budget. Minutes August 26, 2014 Wylie City Council Page 3 Public Hearing Mayor Hogue opened the public hearing on the FY 2014/2015 Budget at 6:49 p.m. asking anyone present wishing to address council on the proposed budget to come forward. There were no citizens wishing to address council during the public hearing. Mayor Hogue closed the public hearing at 6:50 p.m. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to set September 9, 2014 at 6:00 p.m. at the Wylie Municipal Complex as the date, time and place at which the Council will vote on the FY2014/2015 Budget. A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing on the proposed tax rate of $0.8789 for fiscal year 2014-2015 and provide all interested persons an opportunity to be heard, either for or against the proposed tax rate; and announce the date, time and place of the meeting at which the Council will vote on the tax rate. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that In accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2014, the City Council voted on the proposed tax rate and scheduled two public hearings on the proposed tax rate. The first public hearing is to be held on August 26, 2014 and the second public hearing is scheduled for September 2, 2014. The proposed 2014-15 budget is based on a tax rate of $0.8789 per $100 valuation. Any changes made to the proposed tax rate or proposed budget could affect required publications and steps in the tax rate and budget approval process. Bantz noted the rate reflects a one half cent tax reduction. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to set September 9, 2014 at 6:00 p.m. at the Wylie Municipal Complex as the date, time and place at which the Council will vote on the FY2014/2015 Tax Rate. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, the acceptance of the resignation of Bill Baumbech, Board Member for the Planning and Zoning Commission and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of July 2014 to June 2016. Staff Comments City Secretary Ehrlich addressed council stating that staff is requesting the appointment of a new Planning and Zoning Commission member to replace Bill Baumbach, who is resigning due to personal reasons. She noted both applicants (Jerry Stiller and Dallas Jones) had requested appointment to the Planning and Zoning Commission. Minutes August 26, 2014 Wylie City Council Page 4 Councilman Jones asked if either of the applicants had contacted the City with regard to serving on the board. City Secretary Ehrlich reported the Mr. Stiller had contacted her office a couple of times to check on the process of appointments. Councilman Dahl stated that he had met Mr. Stiller but not Mr. Jones. Mayor Hogue stated, based on the applications, the Planning and Zoning Commission was Mr. Stiller's first choice and Mr. Jones' second choice. Council Action A motion was made by Councilman Jones, seconded by Mayor pro tem Stephens to accept the resignation of Bill Baumbach and appoint Jerry Stiller as the new Planning and Zoning Commission member to serve the unexpired term of July 2014 to June 2016. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Mayor pro tern Stephens to adjourn the meeting at 7:10 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 26, 2014 Wylie City Council Page 5 7 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Wylie City Council September 2, 2014 - 6:00 p.m. Wylie Municipal Complex - Council Conference Room 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll with the following Wylie City Council members present: Mayor pro tern Keith Stephens, Councilman Todd Wintters, Councilman David Dahl, and William Whitney Ill. Councilmen Bennie Jones and Councilman Nathan Scott were absent. Staff present included: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz Police Chief, John Duscio; Public Information Officer, Craig Kelly, and City Secretary, Carole Ehrlich. Support staff were also present. REGULAR AGENDA Public Hearing 1. Hold the second Public Hearing on the proposed tax rate of $0.8789 for fiscal year 2014-2015 and provide all interested persons an opportunity to be heard, either for or against the proposed tax rate; and announce the date, time and place of the meeting at which the Council will vote on the tax rate. (L. Rant, Finance Director) Staff Comments Finance Director Bantz addressed council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2014; the City Council voted on the proposed tax rate and scheduled two public hearings on the proposed tax rate. The first public hearing was held on August 26, 2014 and this is the second public hearing. The proposed 2014-15 budget is based on a tax rate of $0.8789 per $100 valuation. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. Minutes September 2, 2014 Wylie City Council 2nd Public Hearing-Tax Rate Page 1 Public Hearing Mayor Hogue opened the public hearing at 6:02 p.m. asking anyone present wishing to address council regarding the proposed tax rate to come forward. Chad Engbrook publisher for the Wylie News addressed council stating that an error had been published in the Wylie News regarding the tax rate. This article was for informational purposes only. He stated that the error would be corrected. The required legal notices were published timely and correctly. Mr. Engbrook apologized for any confusion. With no other citizens wishing to address council during the public hearing, Mayor Hogue closed the public hearing. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to announce the date of September 9, 2014 at 6:00 p.m. at the Wylie Municipal Complex, 300 Country Club Road, Bldg. 100, Wylie Texas as the date, time, and place of the meeting at which the Wylie City Council will vote on the FY 2014/2015 tax rate. A vote was taken and the motion passed 5- 0 with Councilmen Jones and Scott absent. ADJOURNMENT Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Wintters to adjourn the meeting at 6:09 p.m. A vote was taken and the motion passed 5-0 with Councilmen Jones and Scott absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 2, 2014 Wylie City Council 2nd Public Hearing-Tax Rate Page 2 rWylie City Council � .� R�Ms; AGENDA REPORT Meeting Date: September 9, 2014 Item Number: B Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 11, 2014 Budgeted Amount: Interlocal Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-23(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Recommendation Motion to approve Resolution No. 2014-23(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Discussion Collin County is in the process of updating the road improvement Interlocal Agreements with various entities within the County. This Interlocal Cooperation Agreement replaces an existing agreement, which is about to expire, approved by the City in July 2010. The Agreement will allow Collin County to continue participation in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading, rocking, asphalt level up, seal coating, installation of culverts, cleaning of drainage ditches, mowing or brush cutting, emergency repairs to bridges, and oiling for dust control. As consideration for the services and functions provided by Collin County as part of this Interlocal Cooperation Agreement, the City of Wylie agrees to pay Collin County in accordance with the advance cost estimate submitted for work requested by the City of Wylie in the amount and upon the following terms and conditions: 1) Payment in full upon completion of work and receipt of bill for the same. 2) Payment to equal reimbursement in full for labor, equipment, and material expended by Collin County. Under this Interlocal Agreement, if the County performs maintenance to roads that lie half within County jurisdiction and half within City jurisdiction (roads divided along the centerline), the City pays only one half the total cost of the repairs. Page 1 of 2 Page 2 of 2 Article II, Section 1C of the City Charter gives the City Council authority to cooperate with other governments (County, City or political subdivision) for any lawful purpose for the advancement of interests, safety, convenience and welfare of its inhabitants. The Interlocal Cooperation Act, Title 7, Chapter 791, of Vernon's Texas Statutes and Codes Annotated (The Act), and the Constitution of the State of Texas, Article III, Section 64(b) (the Constitution) specifically authorizes counties and other political subdivisions comprised or located within the County to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of the State of Texas, under the terms and conditions prescribed in the Act. RESOLUTION NO. 2014-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25, which is attached hereto as Exhibit "A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-23(R) Interlocal Agreement with Collin County Road Improvements in accordance with Court Order No. 97-576-08-25 EXHIBIT "A" Interlocal Agreement 563458-1 INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791 , Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED). As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1 ) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, to the extent allowable by law. This Agreement shall be effective October 1, 2014, or from the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect through September 30, 2018 unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non-appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non-appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. COLLIN COUNTY, TEXAS Date: By: Title: County Judge CITY OF Date: By: Title: • COURT ORDER NO. 97- 576 -08-25 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICY/RESCIND PREVIOUSLY COUNTY OF COLLIN APPROVED,.COURT ORDERS COUNTY ROAD SUPERINTENDENT On August 25, 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Hams County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. e on a , my u ge 404..., 624._ Phyllis Col Co issioner, Pct. 1 Jerry Hoagland, Co "missioner, Pct. 2 1 e a ne , mmissioner, Pct. 3 t 111 Jack Hatch Commies oner, Pct. 4 ATTEST: ,..,,�,11fl+,,,; t ?" GOU./h 11 Helen Starnes, x-6 clo is r c,; ...-� ;-... Commissioners' Court = ": Collin County, TEXAS ••. c co.+rta nawrswadPd .: r 4. F` . er le TABLE OF CONTENTS • CountyRoad Policies(General) ( ) Section I Maintenance of Public Roads Page 1 Section II Upgrade of County Roads Page 1,2 Section HI Re-opening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right-of-Way Page 3 Section VII Other Cost Page 3 Section VIII County Projects Page 3 Section LX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XII Culverts Page 4 Section XIII Extenuating Circumstances Page 4 Application for Road Upgrading Page 5 General Requirements for Upgrading County Roads Page 6 Upgrading/Acceptance of Private Roads in Recorded Subdivisions Page 6 Costs Page 7 • County Road Policy(Cities) Section I Maintenance/Improvements to Roads Within City Limits Page 8 Section II Reimbursement for Work Performed by Collin County Page 8 County Road Policy(011ing,/Dust Control) Section I Oiling of County Roads Page 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section I Assessment to Upgrade Roads in Subdivisions Page 11 Section II Assessment Procedures Page 11,12 Section III Appeals Page 12 Section IV Liens Page 12 Section V Acceptance Page 12 Section VI Status of Roadway after Acceptance Page 12 • Section VII Reimbursement of Funds Page 13 • COUNTY ROAD POLICIES • (GENERAL) • COUNTY ROAD POLICIES (GENERAL) Section I Maintenance of Public Roads A. All public roads located in unincorporated areas of Collin County which are determined by the Commissioners' Court to be county roads,will be maintained by the County. All others shall be considered private roads and will not be maintained by Coffin County. B. Roads or sections of roads which are bordered by a city or cities shall not be maintained by Coffin County as follows: (a) Any portion of a public road which has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city or cities on one side will be considered to lie in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be maintained at county expense. (c) Public roads or portions of public roads which are bordered by a city or cities on both sides will be considered to lie in an incorporated area and shall not be maintained by Collin County. Section II Upgrade of County Roads • A. Commissioners'Court will consider upgrading a rock road to an asphalt road provided one of the following conditions are met: (a) Roads with traffic counts of 150 cars per day or greater,which by the determination of Commissioners'Court,should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the right-of-way described in Section VI of this policy;or; (b) Roads not on the Collin County Thoroughfare Plan with traffic counts of 125 cars per day or greater,which when determined by the Director of Public Works(County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right-of-way; or; (c) Roads with traffic counts of 100 cars per day or greater can be asphalted when the adjacent property owners donate the right-of-way described in Section VI of this policy; or; (d) When the adjacent property owners donate the right-of-way described in Section VI of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt,a road must tie into an existing asphalt road,unless the road in • question is a"Dead End"road. A"Dead End"road which does not tie into an existing asphalt road can be upgraded, provided its entire length is asphalted. A cul-de-sac shall be required when a dead end road is upgraded. Pogo r seation It Cattinuod B. The Commissioners'Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: • (a) Donate the right-of-way described in Section VI of this policy,and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width ofrock Section III Re-opening of County Roads The Commissioners' Court will consider re-opening a county road which has not been maintained by the county in the last 10 years provided that the adjacent property owners: (a) Donate the right-of-way described in Section VI of this policy,and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Section IV Abandonment of County Roads The Commissioners' Court,by unanimous vote,may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Section V Subdivisions • A. To be considered for maintenance by Collin County,private roads in recorded subdivisions must be asphalt and meet current county standards in regards to width,drainage,culverts, base material type and thickness. B. Private roads in subdivisions which were filed in the County Clerk's Office prior to May 18,1981 will be accepted for maintenance by the county provided there is adequate right-of-way,the roads are asphalt and meet current county standards. C. Private roads in subdivisions which were approved by Commissioners' Court and filed in the County Clerk's Office prior to October 23, 1995 will be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, 1981 that were not approved by Commissioners' Court shall meet the following conditions prior to acceptance: (a) Road right-of-ways must be dedicated to the public and accepted by Commissioners' Court (b) Roads must be asphalt and meet current county standards as described in this policy • E Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right-of-way,when needed,and provide total funding to upgrade such roads to county standards. Pap Section VCantknoni F. Private roads in unrecorded subdivisions will not be upgraded by Coffin County under this policy. To be accepted for maintenance,the subdivision must be platted and the roads • constructed,by a private contractor,in accordance with the Coffin County Subdivision Regulations Section VI Right-of-Way A. Right-of-Way shall be in the following form: (a) Right-of-Way which is donated may be in Deed or Easement form;or (b) Right-of-Way which is purchased through negotiations or by eminent domain shall be in Deed form with an actual ownership.(Title)transfer of the land. B. Right-of-Way Width (a) The right-of-way width for roads on the Collin County ty Thoroughfare Plan shall conform to Collin County design standards. (b) The right-of-way width of roads to be upgraded which are not on the Coffin County Thoroughfare Plan shall be a minimum of(60)sixty feet. (c) When a road which is not on the Collin County Thoroughfare Plan is a candidate for upgrading,the requirements for right-of-way may be waived by Commissioners'Court provided the required pavement width and drainage are adequate within the existing • right-of-way. (d) Right-of-way widths may be waived by Commissioners'Court upon review of engineering information which indicates a different width is appropriate. Section VII Other Cost The cost involved for surveying,to prepare Deeds or Easements,re-locate fences,utilities (if in a private easement beyond the existing prescriptive right-of-way),culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent(25%)of the total project cost. When property owners are required to incur total cost to upgrade a road, the above cost shall not be borne by the County. Section VIII County Projects All projects shall be brought to the attention of Commissioners' Court for consideration. Section IX Extending the Length of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works(County Road Superintendent),provided that all requirements outlined in this policy have been met. • Page 3 Section X Signs Regulatory and warning signs placed along county roads shall be in accordance with the Texas 1110 Manual on Uniform Traffic Control Devices. Section XI Reimbursement by Property Owners Upon Commissioners' Court approval of a road project which requires reimbursement from the adjacent property owners,the property owners involved must place the required amount of money in escrow in a Collin County bank and provide the required right-of-way prior to the commencement of the project. Section XII Culverts Drive culverts within county road right-of-ways shall be permitted and sized by the County. Only corrugated metal or high-density polyethylene culverts will be permitted. Culverts shall be a minimum of thirty(30)feet in length unless the driveway over the pipe is concrete. In which case,the culvert may be the width of the driveway. New drive culverts must be installed at the expense ofthe property owner. Existing culverts within county road right-of- ways will be replaced as needed by the County at county expense. Section XIII Extenuating Circumstances Any extenuating circumstances not covered under this policy shall be brought to the attention of Commissioners' Court for consideration 110 411 Page 111111•1111111111011•1111111111111.111111111111•11. 1••••••••••••• UPL1cAflQNFQR ROAD UPGBASPING • Requesters'Name: Date: Mailing Address: Home Phone Work Phone MobiVPager lype of upgrade requested: Dirt to Rock Dirt to Asphalt_ Rock to Asphalt_ Private Road_ County Road No./Name: Subdivision Name: Locationadent of Road(s)to be upgraded: FOR COUNTY USE Is Road on Thoroughfare Plan? Yes No_ Ftight-of-Way Required: • Comments: Utility Comments: Culvert/Drainage Comments: Fence Comments: Initial Cost Estimate: Materials Labor Other Total 4111 Comments Prepared By: Date: Date Mailed: Page$ GENERAL RF.O E FOR UPGRADING COUNTY ROAD • An application requesting a road upgrade must be submitted to the Public Works Department specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right-of-way requirements will be prepared by the Public Works Department and sent to the requester. To proceed with the upgrade,the Public Works Department must be notified in writing of the requester(s)willingness to pay for material costs and donate right-of-way,when applicable. The request will be brought to the attention of Commissioners' Court for consideration. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided,if different than the original estimate. Right-of-Way documents,when required,will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction Idler these items have been addressed. UPGRADING/ACCEPTANCE OF PRIVATE ROADS IN r RDED SUBDIVISIONS le Subdivision must be recorded and meet the requirements specified in Section V of the County Road policies. All roads in the subdivision must be upgraded/accepted. Minimum right-of-way width shall be sixty(60)feet as required by Section VI,B.,(b)of the County Road Policies. When engineering information indicates that the existing right-of-way is not adequate, additional right-of-way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared by the Public Works Department and sent to the requester. To proceed,the Public Works Department must be notified in writing of the requester(s) willingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Court for approval. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided if different from the original estimate. 11110 Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. Page 6 • COSTS Since material costs fluctuate,the written cost estimate we have provided you will be honored for the period indicated(typically 6 months). The cost estimate for materials will be based on the type upgrade requested. put to Rock A blend of(6"loose) crushed native white rock with(3"loose)flex base to improve traction and minimize dust. Pin to Asphalt: A blend of(4"compacted)gushed native whiterock with(6"compacted)flex base and two layers of asphalt surface treatment. Rock to Asphalt: Two layers of asphalt surface treatment,any additional rock will be paid for by Collin County since it is an existing rock road. private Road in Recorded Subdivision: Since conditions vary,subdivisions will be evaluated on a case by case basis. • If you have any additional questions,please feel free to call the Public Works Department at Metro 424-1460 ext. 3700 or(972)548-3700. Mail or Fax Application To: Collin County Service Center 700A West Wilmetb Road McKinney, Texas 75069 Fax Number(972)548-3754 • Pagel • C � JTT A 1 I LILY � (CITIES) • COUNTY ROAD POLICY(CITIES1 • Section I Maintenance/Improvements to Roads Within City Limits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds,personnel and equipment available for these projects. C. Commissioners' Court may consider making or participating in improvements to roads and bridges within the corporate limits of a city as follows: (a)General maintenance items to include rocking,grading,asphalt level up, sealooating,oiling for dust control,installation of culverts,cleaning of drainage ditches, mowing or brushartting and emergency repairs to bridges. (b).Major improvements such as the construction or reconstruction of roadways will only be considered lithe road is on the Collin County Thoroughfhre Plan. D. A city must be entered into an Interiocal Cooperation Agreement with Collin County • prior to work being performed by Collin County for that city. E. All requests must be submitted to the Director of Public Works by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section II Reimbursement for Work Performed by Collin County A. Costs for road and bridge repairs or improvements will be as follows: (a)Cost of materials used for the project or one-half of the total project(including labor and equipment),whichever is greater,if the road is on the Collin County Thoroughfare Plan. (b)Total cost,including materials,labor and equipment if the road is not on the Collin County Thoroughfare Plan. Pap 8 • • COUNTY ROAD POLICY • (OILING/DUST ) • 'I COUNTY ROAR POLICIES(OILLNQFDUST CONTRQU • Section 1 Oiling of County Roads County funds shall be expended to spray county roads for dust control as follows: a) When a person has a chronic respiratory condition,substantiated by a physician, the county will oil up to 500 feet in front of their house. lithe house is located at a road intersection,the roads will be oiled for up to 500 feet in both directions from the intersection. Priority will be given to eideriy residents. b) When the traffic count on a road reaches a minimum of 150 cars per day,oil will be applied on an interim basis until the road can be upgraded to asphalt. If the right-of-way required to upgrade a road is unobtainable,the road will no longer be oiled at county expense. c) When county trucks arc hauling materials to or from a project site damaging the road surface and creating a severe dust problem. d) Other conditions as approved by action of the Conunlssioners Court. B. All other requests for oiling in unincorporated areas of the county would be at the • requester's expense. Collin County shall be reimbursed for the cost of materials. • Page 9 Collin County Department of Public Works 700 A West Wilmeth Road • McKinney,Texas 75069 (972)548.3700 FAX No, (972) 548.3754 Application for dust control oiling due to chronic respiratory condition RESIDENT pATIENT Name: Name: Physical Address: Physical Address: Mailing Address: Mailing Address: Phone: Phone: Date of Birth: County Road No.: Application Is good for this calendar year only 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. years 3) What side of road is residence located? • Circle one: North South East West HrIN*** ******•**Nfi.NN1YMM#H*iM40Y0004Q9/M/ANUk*!M* +NiN***** To be completed by physician. Allergy which interferes with breathing or is life threatening Interstitial Pulmonary TB Pulmonary Fibrosis Lung Abscess Hypoxemia Asthma Sarcoidosis Bronchiolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronic/life threatening respiratory conditions: How long has patient had this condition: Last episode:_ Other comments: Physician Name (Please print) Physician signature/specialty Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR p97.0fom Page 10 • ASSESSMENT POLICY FOR • SUBDIVISIONS • ASSESSMENT POLICY FOR SUBDIVISION RODS • Section I Assessment to Upgrade Roads in Subdivisions A. Collin County may upgrade county roads as outlined in Senate Bill 314, Article 6702-3, on a first come basis or as specified by Commissioners'Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. B. Commissioners' Court may consider upgrading a road or roads by assessment within subdivisions in un-incorporated areas of Collin County upon receipt of a written request from the Property Owner's Association or individual landowners agreeing to adhere to the following terms prior to construction: (a) Donation of additional right-of-way,drainage or utility easements,when required. (b) If a road lies within an unrecorded subdivision,the addition must be approved by Commissioners' Court and a plat filed for record at the County Clerk's Office. (c) Payment for all utility relocations. These costs will not be included in the assessment. (d)Payment for all surveying platting, replatting and legal fees(to include title fees, assignment of liens,etc.). These costs will not be included in the assessment. (e) Payment for all project cost to include materials,equipment and labor. This includes all cost whether by in-house forces or contract. (I) Placement of 10%of the construction cost in an escrow account in a Collin County Bank. (g)Placement of 50%of the utility relocation cost in an escrow account in a Collin County Bank. Section II Assessment Procedures A. After the conditions in Section I have been met,the following procedures are required before the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and • assessment will be ordered. 11 e r I Section II Oeatimed • (b) Within 10 days of the public hearing,Commissioners'Court shall send by certified mail,a ballot to each owner of real property showing the maximum amount of assessment for each property in the subdivision should a majority of the record owners of real property in the subdivision vote in favor of the proposition. (c) lithe vote passes,Commissioners'Court may provide the time,terms and conditions of payment and default to the assessment,except that no interest on the payment of the assessment shall be allowed. (d) If the vote fails,Commissioners' Court may not order the improvement and assessment,and may not propose the order again until four years after the date the County Clerk declares the results of the vote to Commissioners' Court. (e) An assert shall be secured by a lien against the real property of the assessed property owner. Section III Appeals An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the 15th day after the date that a property owner receives an assessment. • Section IV Liens An assessment shall be secured by a lien against the real property of the assessed property owner. Liens on all property shall remain in place until such time that the entire assessed amount has been paid to Collin County. Property owners are separately,not jointly,liable for their assessed amounts. Section V Acceptance When all of the requirements set out in Section 1 and II of this policy have been met and if funds are available from Collin County the project will be accepted. lilt will require an excessive amount of time to relocate the utilities and begin the actual upgrading of the road/roads the Commissioners' Court may direct that a minimum amount of maintenance be performed to assure the health and safety of the property owners. Section VI Status of Roadway after Acceptance A road improved under this article is a county road,and the county shall maintain the road in accordance with county road standards. • Page 12 lion I bu e it of A. 'or to a. road .. .11 .1-;ort of " . on . • oft ; 'ty . tion ' ; d to • I • I or • y. °eld. 51 p g5t a bat . of . tion B. 1.1. .g ..m. dion of d t 11 o. I `•1t0 I nty, C. tf hb ofthe proj.. •g ding ..n . on o at- 41 St SS .t.. 's . to - • • e • nty over o it to 13 nF Wit, , il Wylie City Council .FtR,,f,,Z1 gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: C Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-24(R) authorizing the City Manager to execute License Agreement 220661 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-24(R) authorizing the City Manager to execute License Agreement 220661 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220661, the current fee is $85 per year. It would gradually increase to a maximum annual fee of$3,831 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $85 $812 $35 $777 $1,539 $2,266 $2,993 $3,068 $3,831 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-24(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR A 42-INCH STEEL PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 30- inch sanitary sewer pipeline encased in a 42-inch steel pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 581.64 in Wylie, Collin County, Texas, which is attached hereto as Exhibit SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-24R) License Agreement No.220661 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220661 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 30-inch sanitary sewer pipeline encased in a 42-inch steel pipe (the "Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 581.64, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A-1" and "A-2", dated February 12,1990, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 777.00 October 1, 2015 $1,539.00 October 1, 2016 $2,266.00 October 1, 2017 $2,993.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas,Texas 75202-7210 Dallas,Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 10606, dated March 27, 1990, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. City of Wylie 5 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 581.64 One 30-inch Sanitary Sewer I ' •IF VICILISTATIC/1 on WILC POST WIXOM.OWE TIC.DISTAI/Cf.51:1:1410 lam= RAU=UBE DAY rnou 5AILIII1A9 SITIOCTUAC nn cOrIGNLING Or roollc GMESI CAMINO, PIPC UNE CARRYING C= FLAMMABLE SUBSTANCES PER C.J. 1742 , - r•-•.-A_ _ mummy CORP., ''..%-It.—'1.?.......... any s roam 11Aus,_(.0.W.M..c.,..„...x. 0 NON-FLANABLE SUBSTANCES PER C.S. 17.11 • nz) nou 1E ba.,7_....S.....,_..r•gat....w.::r. 4 I.. EX.10 *C41NLETATIO4 4.,ffef.41.5. 019 T.•4---.. .:21.111,-Cr.5..k.,.. APPLICANT Q4AY..02..RAiD....Taxa a . ...........-... - 444TO ateicto i' re 4..r..e/151f- P. O. Box 428 ADDRESS nut's WIG-.X:C.4.25.81:4CE-.‘ CITY ViZlie STATE .TATTA a ZIP 7.5.0,911_ 1,(i •;'Ili..'1,i:litr.fi I V.1.11,i•'.i fi I•t,ii ism i.,i,, r,,,,._ No.of TRAMS GROSSED-.../.. ..... PHONE t...U.1:1 4.43.73.V.1 CONTACT PERSON c.........)11....11oineyorr-P-.E. 1 \._ R.or MACK 3.Pft.trIVOL3131.rcs—.. FACILITY Municipal ..r _ —.............-.....-..............-......•••• g • .etiOGglito 40111T FACILITY LW VES-- 14 lthanusa lasrecriatt. Ma:no:water I PROJECT WATER RE0•0 in. ZEOUIRED---.....---.-...... •P URP 6SE MI osciEnowtotO R-1110'4, A.44 • ESTIOATEITCOST...---.......,..- c..---;,... I.ligrFAIALZ alK0 IN TICK PEN S.P.ortAnOto No..c.E.- .---c.s.17.4.1...--- PLAN or CROSSIHO PHONE CALL FOR 14EPECTIO.N;en. Z.AiroLE of onossmo yarn TRACKS----ROI-- • • 110 Ced•Li naylom or OITC/1 Oft •3.UNDERGROUND SIGNAL OR COMMUNICATION'I.(HE INVOLVED. TES...-......E0....X-. wow= cENTCO UNE GRIND&onoono LING • 4.PRESSURE.IN PIPE.....Q..-....P.S,I. . Ir"--Of MA= P""1"*"cc ;moms.ACSUKINCIN EINTk. MIC 5.DISTANCE FROM DUTTON OF TIE TO'TOP Or CASINO t SHALL DE MINIMA'sue PIPE REM C.IF LESS THAN ONE PIPE DIAMETER,BUT NOT LESS THAN 3 FT,SPECIAL PEIMNE.SION •••• ciao' / • WAND . ............3.-te man ir No cionNo• pluon7-Ill ----- ' orc/I1EF ENOINEgli IS aromisso t fleAsoits FOR WAIVER 1-.---......---....-.- MEET ACL. ........-..r ..-.................. 1........ ...wow.. i DATE— T. IF PEPE OR CASING DIAMETER IS GREATER MAW a rr APPLICANT SNAL.SANT . A SEAL alEOCE0 4n.---414-11---- tNoiNEENIAN PLANS,SPECIFICATIONS,MO SOILS REPORT. Jonxi, ra.re.,c,. Az, Kf....) I 0 o. IF PIPE CARRIES FLAMMABLE SUBSTANCES MO NA 0 -7,-,4-erV477/ g5t1a2"'NV SECTION AA nuUDER ANO LOCATION OF VENTS........... ........................ ............,........I..... PIPELINE CARRYING NON-FLAMmABLE SUBSTANCES S.pipE MATERIALS CASINO...s.cee..1....,....... • • .CARRIER...11114............................. SEE'C.S.124I ICLINSICE DIAMETER I CASMO.-...f4.2.-AndtSfi..........cuut IER..-1/....ixt54.s...-:::-....... -.-.. 4 ,0/1.4+//eePpr,sci 0 camA it.TOLL TilioNNEss:cAsMsa...-........-.........---sxot DR..0....3J.J-....-.....-...INCHES a ,Iz''t,e4.,/,:keei-e...tovrxe-0 CARRIER--..-.....-.----...ome OA.0.-2.3.S ----...-.-INCREs /.-...fir illl 11,./1CC 12.Lemont or CASINO raps!C.VITERL DIE'OF TRACI ISI S0110E11 LEFT SIM......T.Q...C.W.X...r......................IMIT SIDE.Sa...fODE--...-................ ' IJ IC cau URGRADC -Orrcli • 13. IF PIPE IS REttircncto CONCRETE 5.0.1.31.CLASS oesiaxATiott------.......-- . .-r-0-ISMS)If NO Mom .14.IF PIPE 15 CAST IRON AWES CLASS 44 0••••••••000\8.4•.Me 4••••••••OM••••• .••••••••••••••••••••••••00 • 0 MM. IS.METRO°OF INSTALLATION UNDER TRACES....-114y;L«....-......-...........-......--........ =---,7---..---:=2....."'„----_,---:..--:.------.. is.ENT Rogow- .......4....--JACX1N0'•........ -OPEN CUT..........-............... 0 I ocArnio OIL-TV. N.- comasris PSI •SEE GENERAL IIOTE 140..3 OH E.S.I7•41 OR c..5.1712 . 17.inIERE S.P.PIPELINES ME INVOLVED oitt.n'y CROSSINO MALL NOT BE LESS WAX SE0M6II A-A • 2•-0"MEN S.P.PIPELINES. DISTANCE FROM TRACK AND DEPTH Or coven TO OS PIPELINE CARRYING FLAUMAGLE SUBSTANCES • SHOWN ON PLAN AND SECTION. SEE C.S.1742 • IS.PROJECT StANCF..115 SHALL.BE METALLED AND MAINTAINED OS APPLMAIIT. ittb*WU Dallas Area Rapid Transit RECOMMEND A PLASTIC BURIEDIL UTFTY TAPE INDICATING TYPE OF UTILITY BE . 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COMM014 STANDARD Canal Oat it a/Watt larropaIN1 Iron sawed Merl or cm tt ,* 2,routami ton,tra.aeM Mu/ a, re/waft crater Aar m Atm Aatt sr11ielt41 iltenal4 /a iv,apprt trocl.,• ,, .,..... ehrie Pm, Whop/ a camay Mod hors Mr tom t rlernlIA • PIPE LINES trouk&tabors. fon carMaz. • 4-Cori i1o4 Wm:td1,e mil *- .."e i-0:-• J4 a bore a FOR NoN-FLAMNIABLE SU OSTANCES &mai* linot.:.1td OA*/ 1/as ofor're pafrentirce•comilate,-pip( mialatia hot Itti Mon fact efittithrf farelare 1:0 Cori Ant CROSSING U110 Ell •TRAC( of oaf's C11701,1113IVA, is rrewirenrair of roam I ,no Or laPr •• pill to de/DWI tartar pip' Met air airraa'y In plorr. , )10.31.N.0 AOUPYtts aan.to.n1.3 atvistv mg. 3,19/0 . e Dallas Area Rapid Transit Exhibit"A-2" .. i with The City of Wylie nF Wit,8 , , il Wylie City Council � .� R�Ms; AGENDA REPORT Meeting Date: September 9, 2014 Item Number: D Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-25(R) authorizing the City Manager to execute License Agreement 220662 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipeline encased in an 1.8-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-25(R) authorizing the City Manager to execute License Agreement 220662 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipeline encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220662, the current fee is $0.00 per year. It would gradually increase to a maximum annual fee of$3,245 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $0 $600 $0 $600 $1,245 $1,890 $2,535 $2,598 $3,245 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-25R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR AN 18-INCH STEEL PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 1.2-inch water pipeline encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 12- inch water pipeline encased in an 18-inch steel pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipeline encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipeline encased in an 18-inch steel pipe (the "Periiiitted Improvement") across the Cotton Belt Line at Mile Post 583.13 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014.. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-25(R) License Agreement No.220662 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220662 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 12-inch water pipe line encased in an 18-inch steel pipe (the "Permitted Improvement") crossing Licensor's Cotton. Belt Line, at Mile Post 583.13, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A-1" and "A-2", dated November 19, 1985, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 600.00 October 1, 2015 $1,245.00 October 1, 2016 $1,890.00 October 1, 2017 $2,535.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 583.13 One 12-inch Water Line 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 583.13 One 12-inch Water Line 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 583.I3 One 12-inch Water Line exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 583.13 One 12-inch Water Line 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 9619, dated December 3, 1985, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this water pipe line. City of Wylie 5 of 6 Mile Post 583.13 One 12-inch Water Line 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 583.13 One 12-inch Water Line •V 1 Li.....,3 41 inn(A “14 1 roSt 404•4404.o.DAT in 1......1'...Ca,n.tint. ,..C. jonlino.:c1..cloniii:7...v,T..c...n"...UJI v •• I liclu MAU.1,CAts 5101.4C11/.1 on[En:Cm.sw4 r. I-SI,,r.,-ina i...ctit.-.1.ffin PIN: WO: 4.1411RT1':1; 1".'LL-f 11.AI...11.'4.111K 511n5TANC'ES PElt C.5, 1742 I ..11 -:/t)/,44.r ...77.,.,e:Phi _....__________ • . _ .._.......__ N" '-'-‘1,....tt70 XX% NON-)1.4 ..tAiri$ :11./115TANC1:5 1.4:11 C.S. 1241 ---1 I ur.,,T(no 7 .C.... AIN 583.43 .., 0 „ •/:.004r 4,11.4.1o. ..'S-St :(...67- c APPLicani CITY OF WYLIE . .. . . . . •. . . .:: ...;:-:-.T.tiggr,./ •,,,;/1aq.smy.,- HI...'l•-';'-...5:9:...omx.-n-• ...51.).... 100111:-SS P0.0.QX. 4Z11 e:Ent.octsto igLIgnIcr.tin; gpavinfg[?pFegapite:-upgi,r..1 VA!,51.C. ....,-,,,.„-SIIT.....,... arlt415 NO...V.3...7t40.4344/A:7:X CITY WY.L.I.E STATE T1 zip 75098 -Iromplitg interglitme.val.y.o.wer .44.1..4,,t,po- . ......1 . . ...V n.....g41.1.4v........1 no. or inAc,rz cpossto......../.... Pii0t4E T.2.14.) 941Z-223§ CONTACT P7r.:1150N (.2.1L) 44Z-3564 . , \ N4VOLYEO, 4 -.. IL r T orIN:x Joon raciurr FACILITY a 4,0,4 rex 4/Ale e. .4.sr/,w , . . ,r----cAossoma i nAn.nono INSPECTION., i runroSE 4.040,E0T NARIscri NE01) gri coo u/40CooNoutra X-ila,IV .,.. REWIRED............-................. • " - R_ ESTIMATED COST • L.........,s, I. mAlERIALS ANO INSTALLATION PER S.P DRAWING.NO.C.E. ..-.-.......-C.S. INA...-. PLAN OF Cfl OSSINO PHONE CALL, FOR INSPESII021, 2. ANoLE or cnossiNo wan TnAcvs ..E#5,..5.5 12! •if KenL,C NOTION Or OiTTN 014 C.„ZI,.1,44„.„I-.32g..7.........-- D.OHM nonouNo mom. on toLolunicAT ION LINE INVOLVED. YES HO...N-F-.... cuDonA0C r_coirce Ln,E (01 isr too MatiNt0 LINE l'Z' - '' •-' //AAF 4.ryttssunc NI PIPE .80,,..r.s.l. ' '- •. III IJUNIV KilnrACC 5. DISTANCE FROM DOT TOM OF TIE 70 TOP OF CASINO I SRAI 1 115.1.0HILIVM'PVC "IRE irTROTTO 4 AST.T.NE04014 Cann. 04./: 1 DIAUCTER on - ., . ..... .. .0Ctent . „._ .-... nccioN .\.„...1OiAnif..r.roc' .1kZat:AV frli 7 t . .ii,At k . G. ir LESS THAN ONE PIPE ammErrn,I1UT NOT LES'S,TRAM 3 FT,'SPECIAL PERMISSION _ ,_ onAwom No.441:ize35:::ctlAY-. CASirro , „.„,___-.3 401.010 if No c.A.Silia or CHIEF ENGINEER IS'REOUTRED I REASONS TOR WAIVER I_ ..... .. • - _ -. . ... - ..... • ' ,.....--- ------.--- CATE...,.....22.::713..:41 ...-......... T. IF PIPE OR CASINO oins.iErcit r...:cackrcn ILIAN 5 FT APPLICANT SHALL SUMIT %IR ez," .-I I .. SC AL ERGINCER INC PLANS.crEctricAT IONS, AND SOILS REPORT, 41)11 J 1 1:49 e. It PIPE CARRIES FLAMUADLC SUOSTANCES AND CASINO SECTION A^A• Hui 4-(1,11 AN 0 I Mk?lag or yrNTS .....,............J.Vir.................Rir,............................. PIF.F.LINE CARRY II1O NON-rL AMIAASLE 5UMVTANCE5 D.1:0044 sir.lrilthk.:rAT.tus ....S•Tr.F1 cAosifEA .....rvi. . . SEE C.S.i741 3.../.1‘11.1. 111/.1+Z:S.rt•C An.Ian _1'43 " .. . , r Ann trn, , /2'• ......,........ nO CCM C ,) Tin t !..,:r./Cnr., e./.'.1% .,.. „.- . • - --.1".437 o'l - i2'.°F 0.CIICS A•NI..:1 .R.AOL 'CP ....0..7. - INCNCS . tr ( orra LIRT G.' 1.--- CC InAr.r ' • . 11. Le.1:Mli NI CAr;1410 Err00:4 CI.rr11:c11.104.' a; TRACI. 4.5 .S: 47 141 Cl 1 I rrl •sur . . ...4,0 •-.ft •sor SIDE 40 ft- • CLIICCV UITCh -sun/II:Inc ...,„,•:-....--,,.....,_,.....-... ...,.,, ,c,z-v.-;IN-zzcz 13', IF PIPE IS ncruroncro conctiL TE A.S.T.1.1. CLASS DESIGNATION - -.....-- • )•.4-MINI,If to.CASINt 11. If PIP( IS 44,/til.F.A.V.V., C34:MikrAN. i C 11110 / .......*-•*----.-1 /..-;;;;AL - -----8,34,A6 IS. Ltcroact or InsTALv,.Q9N UNDER .Tn ...AcKs .... ..ey ..._• ............................• (rf-.:1 1--- ..... . --,-s. , io. DIY SORINO• .......011Y..........IACONO• .... orr N'CUT .....__„..„„........... •SEE GENERAL NOTE HO. 3 ON C.5,1741 on c.s.-ITAz 1,---- -CASINO RIC 2•S' I I N- c.04 ICA riNT IT. TOrCRE S.P.P1PCL 1NCS ARC INVOLVED V/44„01:V Cn055000 SMALL HOT OC LESS THAN SECTION A-A 2*•0-BELOW 5.F.PIPCLINC5. DISTANCE FROM TRACN AND DEPTH OF COVER TO DE PIPELINE CARRYING FLALILIABLE SUGSTAUCES SNOW( ON PLAN AND SECTIoN. SEE CS.17•12 IS.PROJECT-MARKERS SMALL at 1•NsTALt.co AND umsrAnico BY APPLICANT. no 1C....f nrcouuEnn".%PL AS/lc Dun IC 0 LyTIL ITT TA/NI, 1401,CATING TYPE or UTILITY GE INSTALLED'NOT LESS THAN. 12"ADOVE T-NE uNcEnonouND NISTALIAT ION. "., .c. -*, Dallas Area Rapid Transit is. cAnntEn PIPE FOR rLm,u.LoLF SURS7 ANCES SNAIL NOT GC MADE or PLASTIC • • . , with 0 CllinC uNitss COMPLETELY rwcAst a ACROSS ENTIRE RAILROAD R. Or IT. • '°kJ The city of Wylie .zo, FOR rovt.INC- itAHD.Inc I.A7Anoccot rnoouc-is rms.-uotiou-u COVER DPI RAILROAD . N. nlr'ir or WAY IS - . • - ' , - . • ., .- •. :.INF° 0 Cann ICA Exhibit"A-1" CROSS GEC,ION NOTE •rICrustocr to Are..wvq.o.r.:..tioxr AeriFclictrr NO •• • r:O'r F C 1141 ;3Q 06.6;4 1 C.S. /MAO k'dd.* j4C:14,, 1741' Wale iror Ape Allet5 ellerseing i or SiOn'q S'Ir• •ilaminahle svhs/ances. pd • SuDilrede• ...„./........ • 2 -•:_ • , -:-. •••:.•., ,.•.• v. ' larrn 7111CeffeeSS Or PM( CAS/NO.1, .r.. ;•.. ,. . ro•,.. , -61oftDatt 12,/Dr/rn Mr .64i:lagg Croailitt7ne far? 5UPPORTINC ZRACti • ielsitfe COrropefed jrnooNt :‘... "tzi. L14.enceer kw Pipe Jlee,is .t.* a! ie.-0-PAO I/no cordip US.5,,O: MMIMCM‘1 eV • ,,, !lSee CSIOV MA!'von inches be Caye iv: - Inches 6,4-,. ...„.„...,.....„„....„7.-44:— 2,:.-,.,.„...„ .„..,.....•..Seoi ... ? . .......3 - ir 14 * ,.". , I i 15.18 1 _-mis --,—.—.„-- ,,.•I i... -0" 1 .341-,N ; zi.....4- _ f 14 —..... _- .._.._ &a no less atone-0 3.9...is 1 lo —1.......At...._ PIPE IN EMBANX,VeNT (See CelleYiii fruit?/ PIPE IN ."...C.Ii 48.5 4:430 I 8 ± RULES VOYEAviNC THE emu:dray Or. LYNES ,TRANSMITING. 2 Mee tasmg tor supportmg hoer Mail epotarni to ihteineS3eS ABLE 47 WIER OR Oil/ER AN-R.diat-MIE SUBSTANCES'RCN CROSSar sboan in rook 1'end Shot,hare Masts 01 ritherSorm norded or meted CONCRETE ENCASeVENT ORM?,R4CA•5 roe le Mall De gettromied or Mori be soaps,:in,arserroare mosendi FOR PI.PeS ,,,,,e inonsegniy rooted mom* and GLOW? It.seeserratav nestirest tosnof -- 046get oegsfo no,..,,e0 c.,comp. Men Me rosiaq 0011 be 01 Masi one Fore 1VOMddr Of Thaler man Irisrea,se requite A' A LonrIefoarimet 1 Mlleree ht avoitraditol,oe.4.)err 01 par,:Owl 0,roaVek.eneolemear snort not be tiss train J.0"(See arreonen 4..1•,.ela Nom J) co.,I Corterett rittag for suppeohng Poen shall hue,Me strength sper,hed Motes .flies 6'.ddrs 2 Alf par holes troswq no a..scs wawa vOirre a swop.oion&d.Mr tome in.rareent.05.11 Saha,9ellononon C•••16,Ciess hi 411 loads Molt Or oat"• 10,12 4 4 ppe.1 of salteiV se.v.flit hi support the sets ond PMharmer*/loots Ter Am,. light ond of on opposed Ira.of ecasnignoo. Am,toed,coong hgAler thin toeritme in 10Mte 1 ler sosoonmg Vote Mey Oe 0-roo inside diameter 4,mop Moll al al-Most 2:Aram reeler than Me 13 1...1 .4 , 0100 la`4,11011,09 Pule Paneled lie Saxe oetireen awn,pot end row,.1 WOW Mal.* Mataeter at eart+er owe al 3 • ct .1Mcebtleo run;pouf or'sand 3 Sees a' assay 1000 than:IhOwn in refer I slle spettot eases and one — 2424 e? ll Orree.et Ape'does en'ism.suhk•-ert Shelf'', la 10200t11e0CS,:osio0.or be derided upon mew meets .•27 6 ... tonere,.entissenient most le unrolled e.eagiii or roma meowed er iipto ono, S. CaS:aci SOW Or so installed Ss n Paves+, &emotion of oararoelf Mkt JO 7 12 —...._.,..... to Neel 'viol orleild NM side of tenter tint of trixe-Are rem phis:he"vivo, the roAnte If mall nom men Deornsg.tatovgbate its length one Moll ova 33 8 . • .,,assaarr Meal Mks.of lie la top a'room re-examen,Our 11M 4M5 MOO ton trate one end • 36 9. 7--2 --1 Mer,emeot Meteor Muni ii .itistaBed Nagoya rostraoct emeoneasNen Mon' 7 Reprint's of Wm sn c?enob comer per,ettahr mist Or i"mewed tetrad Doom> Slo,or of tankelliment •01 all tonstims reeve Ape crosser wade, *outage datnet d mar,is leis 3 DMen,oetzlitable.tasags rinecOme Ades inier Ar sinfo'Ne by Mr"bag or Mon.1..0"antag wart MAM rear Os separate from,or a roahnuotion A b>"5/ersr,O.:1 A daring melba. 9 lease melba* ore ,,sad Me Minims:re 4 an oat. ot Casing woo myg*,one must tetrad a Mintanon of e-0.freyOnct lop 2'ire..fo.f. of he Jo top ol opt or tare must be f-0"ae one pipe shatoetmutluelierti shoulders mecca Dee of The dileh . 111: - - " -- is greater:MomVer, !Mete 'Mere 0 food COOESOM so.; Me Oefeh may 8.libels placed M. WM rill. pipe fuses hoeing dm-melee of..re or --r--— be less MOO oar par 11,00)dre. but Ialt less Mon. ..i.-0; ..in Iris,Wien crossing Notes OM& MOO MOM O.0.01 dna vanes,mop I. .., .• . . . • . • .spreal prnassma Of Me CAW engrave 11 intro/led by ronielmo be ratased PO COMM Os Moat, in Awe II a' awing. um spore ermine toseag or Men,, omit. muse Dr botifilted 9 Warn. the ends 01 inc a0Sinsi are Delor groiwie, met Mort De rim root or sand sewed to swabs, Amster? against' Me enter:Met a &rev he mare r 4 No pule*nee shod be ford through or unde, bridges or rarer M. 'men Rola, Noma, rear' remsrel at Me sorrier pipe Arnett Mire is Diehhood of revers-We the area regared /Or Mr .wpet, Inc ow; 01 the -Wag ore ci or alder fecund' dieekee .1— . •• ',wpQSe foe rhea the koVeers a, .eidre,ei-were built, or endangering and came big* oar, leret, they MOT Or 411 open.prowded dry:usage 1, I Amadei tons of important ileorlders is Olkeded a? ?4,01 .0 moaner MO' *afoot seat de comfuctest 5 lf additional Noels ore tonsil little in Mn.folstre,the protection fogy Ito,.' Me roadbed one structures i . • 41?' 1 Komi, Moll de torreSpondlnitti Ortended a . 6 fore r led spheres for droomor or urtgttlion dears it•C.T.1719.1f 't:-.__:__:— -k-!--*——' i using lite Ape stab 'added or wetted jointS -of aitropisted woo PAY wilt oil seams wri leads agar erre/eel and Soldered-baring a t , ' • r , -.. Moine," of 40 meats or fees and The legamed strength to netball CAA/llert PMI'- s/wee,"use be ins/OW irtlhovi a eosins,. I C.:wire Noe Mall ae of on approvad type rill) motor-kohl SOUTHERN PACIFIC LINES cAshvc 0,..rs. I. Casing any be of eiMet !arrogated Iron Avant%steel or conewe 2 Corregoteit iron.smooth sleet or esetrele cornier ripe COMMON STANOMM ft shall and metiereat -strong to 10 Support troti,areept Mot 0 .4,"used ranee( a:waif staff Aare hie Scott Strength PIPE. LINES Apaler taste, mot Dr used tar innationoa purposes as.ororseee e.,,,,ont 0Aore to, cosmos. is. General Rifle Z above J CVO'trio» rattler pipe same mithour a rasa{ shod bore s FOR NON-FLAMMABLE SUBSTANCES Nestoble flooteet earn) type plain 90,00°0 00 ewnWite Pit" tameness nee less Mon Mot siteerfree tor C lasS (so Cell lion CROSSING UNDER TRACK di tope 'caret toonerog la regullemeats or Coble % map be OMe wed in Neer, rcer,re.olor, Mat ore already m pMee 140 SCALE aeh)Srt& APR Ni.*53 RE vi SE 0 JAI. ,.too Dallas Area Rapid Transit with Exhibit"A-2" The City of Wylie 2.'a-CliptiP, OF Wit, . Wylie City Council FtRA fM„ gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: E Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-26(R) authorizing the City Manager to execute License Agreement 220663 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-26(R) authorizing the City Manager to execute License Agreement 220663 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220663, the current fee is $752 per year. It would gradually increase to a maximum annual fee of$2,682 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $752 $1,088 $0 $1,088 $1,424 $1,760 $2,095 $2,147 $2,682 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR A 14-INCH STEEL PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 8- inch water pipeline encased in a 14-inch steel pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 14-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.72 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014.. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-26(R) License Agreement No.220663 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220663 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water line encased in a 14-inch steel pipe (the"Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 580.72, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A", dated October 24, 2002, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S1,088.00 October 1, 2015 $1,424.00 October 1, 2016 $1,760.00 October 1, 2017 $2,095.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 580.72 One 8-inch Water Line 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 580.72 One 8-inch Water Line 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 580.72 One 8-inch Water Line exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 580.72 One 8-inch Water Line 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 200345, dated February 7, 2003, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this water line. City of Wylie 5 of 6 Mile Post 580.72 One 8-inch Water Line 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. 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MIA M.A. r vs .0*5 IN ***COT TJ•r3. tA IN YrNMYM w.tit..ivral.•r«Mwi3 H Yon...555 5 ....f.1.INK en•Yi%ONO.men.tq.i.....1.4.4.+Y.M wilt.NANNY*I.M..•.MAA.^+..4..O N..wrw.w rw•.Gr«ry P.m.44 • CA3 JOS NC.D2'1A•W Dallas Area Rapid Transit EXHIBIT"A" with The City of Wylie V ao696)3 OF Wit, , il Wylie City Council .FtR,,f,,Z1 gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: F Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-27(R) authorizing the City Manager to execute License Agreement 220664 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 1.8-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-27(R) authorizing the City Manager to execute License Agreement 220664 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 1.8-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220664, the current fee is $0.00 per year. It would gradually increase to a maximum annual fee of$2,304 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $0 $600 $0 $600 $1,000 $1,400 $1,800 $1,845 $2,304 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR AN 18-INCH STEEL PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 12- inch sanitary sewer pipe encased in an 18-inch steel pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 18-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.53 in Wylie, Collin County, Texas, which is attached hereto as Exhibit SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-27(R) License Agreement No.220664 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220664 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 12-inch sanitary sewer pipe encased in an 18-inch steel pipe (the "Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 580.53, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A-I" and "A-2", dated February 24, 1984, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 600.00 October 1, 2015 $1,000.00 October 1, 2016 $1,400.00 October 1, 2017 $1,800.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 580.53 One l2-inch Sanitary Sewer 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 580.53 One 12-inch Sanitary Sewer 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 580.53 One l2-inch Sanitary Sewer exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 580.53 One l2-inch Sanitary Sewer 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 9211, dated May 4, 1984, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. City of Wylie 5 of 6 Mile Post 580.53 One 12-inch Sanitary Sewer 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 580.53 One 12-inch Sanitary Sewer Aouq Set C station //e. PIPE CROSSING DATA Is • • E.S. 5 ? � e M.P. -5°-fo. -X Dtvtxtoe SS Drawing No.are/28 - .595• ' t A. l ra Lr:. Is S.heet t a. • Zip 7aw t,• q 0 • "•" F c �/G' tw-;L)r� 1' r i ! ReviceQCE ..Cq'CI / Materials and installation an per ® r _ In Pipe Under Prensure /WI r Bottom of Tic To Top of a s® : • NE r �" coy .^ - IS 3• . I. . P Sor c a n. If CarriesFlammable ba ce -a- . w . . w s�7 ti r Locationof w /� 'CT a Carrier Pi YL./ Materials Can s I — — — Carrier Pipe ie W a u Diameter n /9" • Lt. • O W z 1 p_2. '( ) R . ® w w Pipe M Open t to be i oY s o: x W w s Casing. if — !'4 : t — ( .< ) 4® 3 Foot from Center Line aa v ` Otherwise Carrier ) oP Track at i t lo. w x z e t , a Carrier / (r�• cc se > ••t aa +u w W 1 4701 1 + If Pipe in Reinforced Conc. ASTM Class as ati — -L !/ APpt�ovEi7 �, i te 4`a If Pipe is at Iron A A as — efjp- -y / a' Furnish Sketch -- =.S. Io-- ' ,�® r Araa En"merr ® , C es Section and acription of ack or s Under Which a Pipe is to be placed together FORM CE 75569 Sept. 17., 1967 d with all necessaryd e i . _ _ Reference to assigned blanket agreement Ho, — Transit..A with«.aro ow.saw.orsdawevaat w.. The City of ylie Exhibit " " . 1C.S. &pin lido* 1 a`G woe:Far„der'pe Zioch'Corq:irkg tor Seemo _I 544 " • ‘ 1741 flommook sub.floores pd ,e 1 sir CS 174" TABLE .1 Stittgrietfe, 7111CXRESS CIF PIPE CAS/NC5 . . fOR 5UPPOR7.708 TRACre '-. . '...'-'.. .;:1;....-' . • 171.'47).\ .,!.firt:;BO thsrn Of Offen-or 647479 fovonctiirie /osictr &clog.", Smoot?, .c'LI. t• DeImeler Pao P‘Oe Jfer/P4oe . .1.-0-Atm i/no coring 5.11. 51.1 cCosiiv Ap ,..7-Pei . ' leirene.‘ r 01 Zi*c ;el {Ore Casing Mwe No71 Inch= Owe No. /Robes e I ..., 4 ta 10 /4 M A. ,• Pipe Luse . M 14 *4 ‘• • 1 i ..,, 1'. Corner Pipe --' /5,M 14 4 2/,.2 4 i.? 54 TrZ7714:2. 1,58 .12.-0" 5;0'1,-N. . AM nOl less Moo K7-0 .5056 10 44. PIPE IN EMBANKMENT (See Ceodeal Role 2) PIPE IN CUT . 48,54,60 8 Rua C5VERVINC THE ATIALLATION Or 11PE LINES TRANSOOTINC 2 Mem/ ening /or supporting trace shell condo,,,,to Mir-leases TABLE if a. CONCRETE El/CASEMENT WATER OR Oil/ER NON-ILAMMA8LE SO8STANCES 31WFAI CROSSINC sham fit roar I and shell here joinla,0 eitherschor,nelded riveted ORDER TRAMP type It Moll be gotroteed or JAW Or dipped m pies as motenal FOR PIPES and thoroughg,'coaled lose&and oraide If preservative maleriol cowl tekokber of WV, be taro'en inside a/casing,Mao Me casing -Matt be at kost One gage or a-Mee*. ma,claenaae ser*ed a' A Lood7Nuanel I&lame ll hullo/Pool b.e,0 lee at Pfee co/mg0,Mares oves.mene saw ts Ora not be lest Man.T-0-(See excel/or aa Central Mee 3.3) 3. Concrete easing for sooporimg noel shall hare Me strength specified inches ordie Oars , . , • 244?Pipe knes musing my boa ounev.'more e casing aroraded the caller m arrant ATSM Sernet DeSegnotten C-76,Cl toss IV.Al/'beds Shall be Peeler- /0.a 0 40 fic sod Wham'strength to Amami the hock am'hot mat-roar, ,ona In'are tight oms elan weave*pr el construshon ppe Awes,cony fighter Man sprawl en fob/el for supparbng troa mac he at The Mode themeler of casing Moll be at Nov 2/oils,,greater Mon Me used Mr mate/Mg pipe,prowled Ile mote between comer pipe and=AV is low/oceside diameter at earner pipe 18 5 dr . becetelled nab good or sood a Sires el comfy larger Mon Morn m Told°/ore Speen,/carts and wilt 2424,21' 6 8 If comet ON does ear hare suflevere stemath to sua)oral Itoce,-easaog Se be afeeida goon Meer mats concrete massemerd most be installed Length 01 casing mealwed el Neel angles 6 Caw shall he so rostoMed es ro perms krmishon of iroterwor soda 30 7 • d2 •• . - to erect Moll Were axes ride el center One ot hoc,lire leer pAa the wheel 114 railway It sa011 bore area Deanne Mrouglexe Ws Mai* ore Moll slope 33 dadence Pam battens of he be tqa as'alsing et mesmerist but nor 4213 OM he, /VOLVO'ale end 36 .9, . , feel,ercepl Mot Aar casing a ovolled Waugh felfreeld crebenknor 4 shall 7 Regardless of Me omega a'earner pee,caul":most be,,,,,,,,yee Mend beyond slope of embankment or oR Martians where lope classes under droinoge darnel if corer a less 3 Alen plilehOlde.casings endorsee pipes maybe enslatke Py /be peeing a 'MOO 3.-0'.Cow weer dd:h may be Staorate 4Wm or a coslosoa„ koh A 1215hrro,os A twang methods. it Nose mellao411 am used Me mimmom Mph ban Damon or casing wider track,sod most odend o ormemem Of l'-0-beyond lop of he to lop es,pav or Are meat be ..1,•17-a one pipe drometer.whicoort shoomem enema sided the ditch. a 'mole;nowerer, where Mere is good cohost.? soil Me *ph nay P.Wrap placid an open co: pipe 'Me, home Memel,, of 38.of .r. -•- be km Man oar .pme fO.OfOefff.Pet net less Mon .3.-0,well less,when crossing trocls other than mon hacks and sidings,may .1-. • • . . ,. serval pefarmarl et Me Chief &VOW I, JOSIVileif Or temseteng be encased en coacrele as Mown en TOM 17.. . .1. or Pow. Me space avowed coPng a corner pope mast be Isocefilled 9 Where Me ends.of Mo casing or below groom'. May shall be nth (POW Of wad settled fa stile,* pease, vomit The entrance of foreign mowed 4.14 pipe Imes Shell be Iced through or ender bridges ce carer ls, ..6,r4 anAl preyed emir evacwal of the comer pipe •1r840: "•1. WWI' /here a herlihood of restrielmg the area telexed /or the Where me ends of Me easing ore of or Wave grated sudoce parpose If which Me bridges or cofreels were bed/.or endangering and 009f,4194 wale, live?, mgr. moy be I,(/ olmh.prowled OielooPe .. . Moor/Mons et mrporlont streCtores is allorded .7 Such o 110.011t1 MO/ *abaft rift he conducted ' 11 I' 5 If addamool Mores.are cons/riated in Me future,Me 9/COOCten coOf from Me roodbee and stew/ores • . sekke shall Or correspoodinely reloaded o.k. 6 Inverted siphons fir deo/nage et iffifOlroa oftaellel Ies./705.1 ' 1:LL"- —J using ;lee/pipe wilA welded ar screwed pants or corrugated woo- 1...: ____-......---. pipewell all seams and motes close riseled end soldered hoeing a diameter of 48 inches or less cod the reporter strength to swear/ 4-4A,Rtere pme Itack,may be installed yahoos a,casing, I Carrier pope MoN be of an approved lype with 'water-NW SOUTHERN PACIFIC LINES c.4seive ma's. 4 Cameo mos be Of either earensseled pan smooth steel or rawest.. Z Corrugated Iron.smooth erre/ a' concrete carrier pipe COMMON STANDARD It shall hove torfscitel sleanote Jo saver/ track(veep,Mar o wee-used orthout a casing Moll here She some strength PI PE LI NES lighten cask 9 may be used/at enstollotom purposes as preceded erg:wry!nin.e /or cOOM Ill, o, Genera/ Mete 2 obese. i Cos,man e.o.m.,Ppe used wihisul it easing Mod hoce a FOR NON-ELAM MA BLE SUBSTANCES Restatilir (ingard down) type prom ootrootted toerimolca pipe thickness not less Mon Mot specitied'gneiss:t50 Cost Iron CROSSING U ND ER TRACK at gage COf feTOOOdino 10 reasarements et Table e' may he pose used lo pestece referrer Ames that are tweedy in Plate Ks-SCALE• ADOPTED APR.20.PM REVISED JAta 5.IWO Exhibit "A-2" OF Wit, . Wylie City Council FtRA fM„ gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: G Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-28(R) authorizing the City Manager to execute License Agreement 220665 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-28(R) authorizing the City Manager to execute License Agreement 220665 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220665, the current fee is $0.00 per year. It would gradually increase to a maximum annual fee of$2,682 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $0 $600 $0 $600 $1,098 $1,596 $2,095 $2,147 $2,682 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR A 12-INCH STEEL PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 8- inch water pipeline encased in a 12-inch steel pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.92 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014.. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-28(R) License Agreement No.220665 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220665 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 8-inch water pipeline encased in a 12-inch steel pipe (the "Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 580.92, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A-1" and "A-2", dated November 1, 1991, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 600.00 October 1, 2015 $1,098.00 October 1, 2016 $1,596.00 October 1, 2017 $2,095.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 580.92 One 8-inch Water Line 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 580.92 One 8-inch Water Line 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 580.92 One 8-inch Water Line exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 580.92 One 8-inch Water Line 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 920904, dated September 9, 1992, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this water line. City of Wylie 5 of 6 Mile Post 580.92 One 8-inch Water Line 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 580.92 One 8-inch Water Line .... APPLICANT-TO FILL-IN ALL INFORMATION:LINES OR WA IF IT.pofs NOT'APPLY. - . NEC INSTALLATION •CI RECONSTRUOliON . .. • •• _ • . • . . .. . _. • •PIPE;LINE;CARRYING .r—i, Ff.AWABLE OR IIAZARDOIIS SUBSTANCES . , Dallas Area Rapid Transit - - I:SEE RAILROAD STANDARD C.S. 1742 ) .. . .• • with rx-i NON; FLAIAMABLE SIJSTANCES ' The City of Wylie 't SEE RAILROAD STANDARD CS. 1741 ) - . 1=3: CULnaT , Exhibit "k-1" 2a045- . . APPLICANT DOING 131::....:IVI .5 AS: ocirnoum... [saffoRATionr-g ffia-riEksHipl I EATII,jttamirtj j APPLICANT Isivesti:2Kp Netw ...laernati..,on41,,•Irml_ed:Zr/...4',... 1-V,Zz .. ADDRESS CITY ..P.4_1•2:P..g ......,---- • STATE..1.g.ZA.P...._.............. ZIP ' COUNT yL_Da12..as____ ' ......„ ,pi.toNE 2:14.). 368-02-00 .' CONTACT PERSON Tim Bennett,...i.r. . . FACICITY...gJ.dmtial Aubdivision _ _-.......-____ _. ......................... •••• PURPOSE .-.8:1-V.a.ter_lioe - re- 1...i.i.o.tial....walz=_Siip.p..1.y..---------...-________ • IF PIPE OR CASING DIAMETER IS GREATER THAN 3`-6' APPLICANT SHALL SUBMIT ENGINEERING PLANS,-CALCULATIONS:;SPECIFICATIONS. AND SOILS REPORT. • - Crossing is at Commerce Street or go • • .: DISTANCE TO PERMANENT RAILWAY.STRUCTURE ./41E__6.).000._LE...al.ong the R.R. to F.M. 341.). • • ANGLE OF CROSSING WITH 'TRACKS .-906 ..• --.....:..____. crossing in Wylie, TX ' SOIL CLASSIFICATION _Clay, (CH) --------------- PIPE SLOPE OR GRADIENT 0.2%- ' ---------- CARRIER • CASING . ..': . - .• :.:: : • ' PIPE PIPE :CONTENTS TO BE HANDLED . . ' .___.. _: ". _ • wattr •• NOMINAVOIAMETER 8 • • _ 1__ • 12"_ ... .. . • -PIPE MATERIAL • • • .p2C, srpe-1-- .SPECIFICATION AND GRADE •• • . - . , sch40.__ . 35_3000 PSI ,WALL-THICKNESS . : . . . .:•7',..` '. . .. •. . . . . ..9„.26 ..1... ,L,4/16"___ - ,• •-, OPERATING PRESSURE/MAXUIUM PRESSURE .12.51.411CL :MINIMUM YIELD STRENGTH .. • ..•:-. . . . .. , . .. . _7000 35_,000t_P SI TYPE OF JOINT 01,e1.1,15Rigot.._ygli e:d • ••• COATING MATERIAL' .. . . . • :;".;••.• .- ' - CM-MOD OF. INSTALLATION .. .. -.:ki...... .p 4 i•. . . . '.• . . ..1 2....FLU tcS1 e.. .b-ore L.- LOCATION OF BORING OR JACKING 1311-•FROM CENTERLINE OF TRACK 55.1,...att_laatb...cli dei . .LENGTH OF CASING. (ACTUAL] . . •••.....: ., :-- •• . . ....• • • --- • ':DISTANCCOF CASING PERPENDICULAR FROM CENTERLINE OF TRACK L 1.52-___ Ft .55 I ____ • VENTS: NumatER_Q._SIZE___::DISTANCE OUT FROM CENTERLINE L ____=___ R . DISTANCE TO SHUT-OFF VALVES ON EACH SIDE OF RAT:. . . L 170' — R 20 .. ' BURY: BASE OF RAIL TO. TOP OF CASING' ' ' .5.•••co . BURY: ROADWAY DITCHES . • ...... .. .:. ..• :' • • . . ' . --.I...M.--- TYPE,tprzvAND'SPACING OF 114SULATOR.S-9R'SUPPORTS:;•.-r._ .. • _ • - • - SEALTFAt ENDS'OF: CASIN -7•BOIN'ENDS'....:.:-- ..X .'... TypE g_roul:___ONE END •- i.' .:• CATH601C-PridiECTION7••.7 '-: ' 4'--'•• •• CASinG.k1i.L.E34- ' " _ • - LONGITUDINAL.PIPELINES. • "4:,",i•:'• •-•' •' ' . . ' , ' ' • • , DISTANCE FROM TRACKCENTERLINE • - . . . L _14,11...._ R • DEPTH Or BURY TO TOR.OF:PIPE • -- • • -•lim- HEiGHT FROM BASE OF:RAIL TO.TOP OF PIPE. .,':-.)19t, • gly • • '.. .. -•- -" • r... •FLAMMABLE'SUBSTANCEPIPELIKEI CLASS LOCATION N.L . DESIGN FACTOR .-....-:•--L• .1.- • . ''• 'APPROXIMATE D -ATE WORK WILL BE DONE' 11-91 — . -. • . • ;7 :,•'..-=r,..:-•• 7..•- t • • , • •".-:-MINIMUM OF S DAYS NOTICE REQUIRED PRIOR TO ENTRY FOR CONSTRUCTION --.UNDERBROUNO FIBRE OPTIC. CABLE MAY BE LOCATED ON RICHT-OF-WAY. CONTACT 'S.P...'TELECOM AT MOO/ 283-4237 TO VER4FY LOCATION AND PRIOR TO 0113BINO- • EIL.C.STAMARD.PIPELIME-XING Dallas Area Rapid Transit with • ai,� . The City of Wylie - +M� • EXHIBIT ::A-2�) �d(P�i� -'' �: �• License• between �_ ' • \ DALLAS AREA RAPID TRANSIT ~`` and . ..:. .- _. » .._. .. _` �•,� -' .ft!Q,`p --- - CITYO[= WYLIE • : . .. • ' •. .. .. • •• • i9.4 _ - -- for one 8-inchwater pipe line at LL/,qys . • `, c��X, `s- - l� i approximately MILE POST 580.92 r�!�• ' •` • ' • f • , : 'IIT: .:: • • • • •i ,a�/ - ` . ,„ . ..... 7.e.• f- 1 1 . . 1 '.2,b4 I - • ' .47 '�.�.- .--_.,,� -+• .Q,� 1, S ,f '°'t•t'b, d'x stM.ore:,4Qr ` - '"` `,-, - `-- 7-4... /. .,'7 � o- E ' tr '�- . r 44. ".•r. / . k p . ... .. ,..,, --':',Y .67:17: . .pV0T-----•16. Se*CU 141n^e,' 4,0,2„4„, . . - '.-,,.-.:. ."- 4A2../..:7 -?.. . i'- . $.- ... .• 1 i ln.k e byi ,, f d . • �'. .fib • 5�,• •3 t \ !" r r . nF Wit, . Wylie City Council FtRA fM„ gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: H Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-29(R) authorizing the City Manager to execute License Agreement 220666 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-29(R) authorizing the City Manager to execute License Agreement 220666 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018.. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220666, the current fee is $0.00 per year. It would gradually increase to a maximum annual fee of$1,920 in fiscal year 2028 as shown in the table below and remain the same thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $0 $600 $0 $600 $900 $1,200 $1,500 $1,538 $1,920 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-29(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR A 15-INCH C.G.M. PIPE CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 8- inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.21 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-29(R) License Agreement No.220666 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220666 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 8-inch sanitary sewer pipeline encased in a 15-inch C.G.M. pipe (the "Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 580.12, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A", dated November 20, 1970, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 600.00 October 1, 2015 $ 900.00 October 1, 2016 $1,200.00 October 1, 2017 $1,500.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. City of Wylie 1 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. City of Wylie 2 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 1.1. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor City of Wylie 3 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. City of Wylie 4 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 580208, dated November 27, 1972, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer line. City of Wylie 5 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 580.21 One 8-inch Sanitary Sewer 8 - b ', R �i ®a , ytec "re y 1 re;,tt.�+, +r, 'r ` Q , ram... ....,/,...9 Vre .- '''i \ • :1a Y99 1 `Otis+aly' 0 ...4—• ®±ff®''1 i IDr ®�`a. :. r l r 9x. 7 .....,id'A"' Q. 4 ' t'® p �AfK• i a H ta ,`t,nt7 gF5 �'p . �'::.*—:;;'. ir i: 3.. t+d .(,� ,, ,- r al? ;:,i,,.„,'''' or - , . 7• i•4i„,M14, l $o CGP3dd1►IMA S ^^�� R :' v /.. "c' x //"� ( .'err ° x ;� � o ▪ A= :ti ��. gar 3 f:It7. -fir. Lr EXHI:IT "A" - LEG 0, t: a Red .. Proposed Crossing of 8 SanitarySurer Line. ,I , TEXAS ' PIPS ATA of licensedpremises At 208 Size Pipe �: az •P-"G" . _. Kind of Pipe . Cast Iron liar r Length onR/W 1. t i Transit 1�s1` Size Conduit 5 ith Length of Conduit if o It e Kind of Con . C.G.M. Pipe Scale: 1 �, ,r i,t, : ae�� ,° ril nFWit, Wylie City Council r . R,J,Z1 AGENDA REPORT Meeting Date: September 9, 2014 Item Number: I Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-30(R) authorizing the City Manager to execute License Agreement 220667 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-30(R) authorizing the City Manager to execute License Agreement 220667 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V"reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size, pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. For License Agreement 220667, the current fee is $731 per year. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA was dropped. Also, the fee will be maximized at $1,957 in fiscal year 2016 as shown in the table below. The same fee is due for fiscal year 2017,. one final payment will be made for fiscal year 2018,. and then no additional payments will be due thereafter. Page 1 of 2 Page 2 of 2 FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $731 $1,957 $305 $1,652 $1,957 $1,957 $1,957 N/A N/A FY 18 is final payment The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR FOUR (4) 72-INCH CONCRETE DRAINAGE PIPES CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of four (4) 72- inch Class "V"reinforced concrete drainage pipes as previously described; and WHEREAS,the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete drainage pipes (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.55 in Wylie, Collin County, Texas, which is attached hereto as Exhibit "A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-30(R) License Agreement No.220667 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220667 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating four (4) 72-inch Class "V" reinforced concrete pipes for drainage of existing box culvert (the "Permitted Improvement") crossing Licensor's Cotton Belt Line, at Mile Post 580.55, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A-1" and "A- 2", dated August 1, 2002, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 $1,652.00 October 1, 2015 $1,957.00 October 1, 2016 $1,957.00 October 1, 2017 $1,957.00 annually in advance, payable October 1, 2014 (the "License Fee"), through October 1, 2017 (final payment) and (b) performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of S25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. City of Wylie 1 of 6 Mile Post 580.55 4 Drainage Pipes 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued City of Wylie 2 of 6 Mile Post 580.55 4 Drainage Pipes photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act ("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. City of Wylie 3 of 6 Mile Post 580.55 4 Drainage Pipes 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or City of Wylie 4 of 6 Mile Post 580.55 4 Drainage Pipes 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 200465, dated December 17, 2003, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to these concrete pipes for drainage of storm sewer water. 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. City of Wylie 5 of 6 Mile Post 580.55 4 Drainage Pipes IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. 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TYPINI WIC ELEVATION , • • — ..' \Dm NATHAN n.MAIIII HEADWALL DETAILS --- warms oda.natm. DACHON TIYANNOUSES ..!...„.."2" -----•?.":c art er vtitie — N-t,771, 1.4044•46,4144I•41441814.WI 44...10.4•113/4141/0 SUSI 4•44 Ws IC SSW 100 la 11023041 444-1143 Dallas Area Rapid Transit with Exhibit "A-2" The City of Wylie 67P0o6,f7 nF Wit, . Wylie City Council FtRA fM„ gc, AGENDA REPORT Meeting Date: September 9, 2014 Item Number: J Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-31(R) authorizing the City Manager to execute License Agreement 220689 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-31(R) authorizing the City Manager to execute License Agreement 220689 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type `B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment(COLA)beginning in fiscal year 2018. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA ceases at the beginning of fiscal year 2028. For License Agreement 220689, the current fee is $747 per year. It would gradually increase to a maximum Page 1 of 2 Page 2 of 2 annual fee of$5,331 in fiscal year 2028 as shown in the table below and remain the same thereafter. FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 +2.5%(10 10/1/27 10/1/14 Final years max Maximum Invoice increase to Rent 10/1/27 $747 $1,602 $0 $1,602 $2,457 $3,312 $4,165 $4,269 $5,331 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-31(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR ONE (1) 21-INCH AND ONE (1) 30-INCH CONCRETE DRAINAGE PIPES CROSSING THE COTTON BELT LINE. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of one (1) 21-inch and one (1) 30- inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls as previously described; and WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating one (1) 21-inch and one (1) 30-inch reinforced concrete pipes for storm water with Type "B" headwalls and longitudinal drainage beyond the outfall headwalls (the "Permitted Improvement") across the Cotton Belt Line at Mile Post 580.74 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September,2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-31(R) License Agreement No. 220689 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220689 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one (1) 21-inch reinforce concrete pipe for storm sewer water with a Type "B" headwall on the eastern end of the subdivision and one (1) 30-inch reinforced concrete pipe for storm sewer water with a Type "B" headwall on the western end of the subdivision, and the longitudinal surface drainage beyond each of the outfall headwalls, (the "Permitted Improvement") adjacent to Licensor's Cotton Belt Line, east of Westgate Way, at Mile Post 580.74 and Mile Post 580.89, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A", dated July 19, 2002, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 $1,602.00 October 1, 2015 $2,457.00 October 1, 2016 $3,312.00 October 1, 2017. $4,165.00 annually in advance, payable on October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, based on the annual payment on October 1, 2017, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 through October 1, 2027 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee, and the Cost of Living Adjustment shall not be applied to the License Fee after the October 1, 2027 adjustment, and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of S25.00 to help offset the administrative cost involved in handling such late payment. City of Wylie—E.of Westgate Way 1 of 6 Mile Post 581 One 21-inch pipe and one 30-inch pipe For storm sewer water 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. City of Wylie—E.of Westgate Way 2 of 6 Mile Post 581 One 21-inch pipe and one 30-inch pipe For storm sewer water 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean. Water Act ("CWA") and the Clean Air Act ("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to City of Wylie—E.of Westgate Way 3 of 6 Mile Post 581 One 21-inch pipe and one 30-inch pipe For storm sewer water Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted ,Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. City of Wylie—E.of Westgate Way 4 of 6 Mile Post 581 One 2I-inch pipe and one 30-inch pipe For storm sewer water 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. City of Wylie—E.of Westgate Way 5 of 6 Mile Post 581 One 2I-inch pipe and one 30-inch pipe For storm sewer water 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014,. License No. 200347, dated February 7, 2003, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to these concrete pipes for drainage of storm sewer. 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. 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AFTERTCONSiRUCTEI A 1n nun CYPi.a[TS0 1 -';� mow '•- Y L lMxox ism.KOP/la K Tomtit.4MP Mt S00 dip +ray,f I f I MKf0,1 COtl1Pr10d.ro OM atom. •TUM.GS al*Oaf 1 CASTS II.I, 8.44 ET HMq COMMA 1 as.,Ma.aM Sea* gjy% T.3 r • T + "[.c - , ii 1 Y w cQTl- w o. ',maas " Carterzeur ess t j� a.P P[S.•w:•' '� deft.f,W � J'/ // •Gam a S,r Mt llPlrl Wn Taft li111- I n OOP'mow-'( , /' '���// a" I. •Y tl a""" tIL,J 'AL L,„ 1 EROSION CONTROL PLAN s; ( •.0L Ax1 I , �-a. AMU, ,sW W 'i'"tL'aTwl+tlt.K.TO IC wm �r WESTGATE HOLLOW ADDTTIO '( VEGETATED BUFFER STRIP I o"P"'j±K'Of[swT[xi0.[ieif ac}utra ��� �17HSTRUCJ 1(7N PLANS t; SEDIMENT BARRIER AT INLETS Iro1 To Mat I 1` �� I OP..•Wra teal Xt(F lArta[xl SOM IPOnOa f00 I. '00f K tatx tl1Aaf,N,TlM°anM Hai m u.w+ src,Px a,Y '�,e.ra. \:" CITY OF WYUE.CDLiiN Cd.lA7Y,TEx lii -S00 DITCH CHECK ` f' ROW....- _. .'.. .--.....--, aw «an Wit Mt rat r" *a ales. oft* r.or WO In W6al1 S.w ._-....-. '.-.......... . . . TM.1Yf00•wsv MI IN.ww..w.M amwxf.W a..aaf:g,,Es.sa(aM J,q N.2001.,A•o0.X.,f.a...Wwat Ow*Mao.Y Oa mu***o w a M plow mot Teo*ala*.. s Prod.lloll 0*. 'CAA JOB No.TO.It[ EXHIBIT "A" nF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT Meeting Date: September 9, 2014 Item Number: K Department: Public Services (City secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 21, 2014 Budgeted Amount: License Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-32(R) authorizing the City Manager to execute License Agreement 220690 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas. Recommendation Motion to approve Resolution No. 2014-32(R) authorizing the City Manager to execute License Agreement 220690 with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas. Discussion In January 2014, representatives of Dallas Area Rapid Transit (DART) informed City staff that DART was seeking to revise the terms and conditions, specifically the amount of annual fee payments, for existing License Agreements related to the City's utility lines that are in DART right-of-way. DART stated that they had recently conducted a nationwide survey of similar fee structures used by transit operations in metropolitan areas such as Portland, OR., Boston, MA. and Sacramento, CA. and that DART was seeking to set their fees to be more comparable with the existing market as revealed by the survey. Prior to this undertaking, the DART fees were not established based on a standard format that incorporated variables such as line size,pressurized vs. non-pressurized, or the material being conveyed. The transit operations above do have such established formats, and DART chose to model their fees in a similar fashion. For License Agreement 220690, the current fee is $0.00 per year. When DART first approached the City of Wylie, they sought to implement a 5% annual administrative fee and a 2.5% annual Cost of Living Adjustment (COLA)beginning in fiscal year 2018. Through negotiations, the 5% annual administrative fee was dropped, and the 2.5% annual COLA was dropped. Page 1 of 2 Page 2 of 2 Also, the fee will be maximized at $100 in fiscal year 2015 as shown in the table below and remain the same thereafter. FY 14 Rent FY 15 Rent Credit FY 15 Rent FY 16 Rent FY 17 Rent FY 18 Rent FY 19 Rent FY 28 Rent 10/1/13 10/1/14 toward 10/1/14 10/1/15 10/1/16 10/1/17 10/1/18 10/1/27 10/1/14 Final Invoice Maximum Rent $0 $100 $0 $l00 $100 $100 $100 $100 $100 The City of Murphy adopted the new fees in February 2014, and DART is currently negotiating fee adjustments with all other municipalities that are not members of DART. RESOLUTION NO. 2014-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY WYLIE AND DALLAS AREA RAPID TRANSIT FOR A STORM SEWER DRAINAGE SYSTEM ADJACENT TO AND DRAINING ONTO THE COTTON BELT LINE RIGHT OF WAY. WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas. WHEREAS, the City Council of the City of Wylie has determined that the need exists for the approval of this License Agreement to allow for the operation and maintenance of a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour as previously described; and WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton. Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a License Agreement for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system with rubble rip-rap on both embankments to eliminate erosion and scour (the "Permitted Improvement") adjacent to and draining onto the Cotton Belt Line right of way at Mile Post 581.09 in Wylie, Collin County, Texas, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September,2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2014-32R) License Agreement No. 220690 with Dallas Area Rapid Transit EXHIBIT "A" License Agreement AGREEMENT NO. 220690 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and CITY OF WYLIE, ("Licensee"), a Texas municipal corporation, acting herein by and through its duly authorized official, whose mailing address is 300 Country Club Road, Building 100, Wylie, Texas 75098. Pursuant to an agreement between Licensor and Kansas City Southern Railway, (hereinafter the "Railroad"),freight railroad operations exist on Licensor's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating a storm sewer drainage system for the Creek Hollow Subdivision with the outfall being dissipated through the use of rock rubble rip-rap placed on both embankments to eliminate erosion and scour (the "Permitted Improvement")adjacent to and draining onto Licensor's Cotton Belt Line, right of way approximately 150 feet west of Westgate Way, at Mile Post 581.09, in Wylie, Collin County, Texas, more particularly described as shown on Exhibit "A" , dated January 7, 2004, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the 1st day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 S 100.00 October 1, 2015 $ 100.00 October 1, 2016 $ 100.00 October 1, 2017 $ 100.00 annually in advance, payable on. October 1 (the "License Fee"), and (b) the payment annually of the License Fee on October 1 of all succeeding years after 2017, and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of$25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 3.04. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. City of Wylie 1 of 6 Mile Post 581.09 Drainage—Rock Rip-Rap 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local,required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued City of Wylie 2 of 6 Mile Post 58I.09 Drainage—Rock Rip-Rap photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act ("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. City of Wylie 3 of 6 Mile Post 581.09 Drainage—Rock Rip-Rap 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or City of Wylie 4 of 6 Mile Post 581.09 Drainage—Rock Rip-Rap 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202-7210 Dallas, Texas 75266-7210 ATTN: Railroad Management LICENSEE: City of Wylie 300 Country Club Road, Building 100 Wylie, Texas 75098 ATTN: Public Services Director Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. New Agreement. It is mutually agreed and understood that this License cancels and supersedes, effective October 1, 2014, License No. 200527, dated April 26, 2004, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this rock rubble rip-rap placed on the embankments for erosion control. 20.08. Counterparts. The parties may execute this License in multiple originals and when taken together, those originals constitute a whole. City of Wylie 5 of 6 Mile Post 581.09 Drainage—Rock Rip-Rap IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date signed by the last signing party. LICENSOR: DALLAS AREA RAPID TRANSIT BY: TIMOTHY H. MCKAY, P.E. Executive Vice President Growth/Regional Development Date: LICENSEE: CITY OF BY: Printed Name: Title: Date: City of Wylie 6 of 6 Mile Post 581.09 Drainage—Rock Rip-Rap $TORN $EWE@ CURVE TABLE 5'1 g ±1 I THESE PUNS SUBJECT TO P51V[%F D GR S cc IQ j BY.U2[BDICTIONN. ENTITIES • -SSSS�+s S i s 4• g rlIsass 3 c IyG _• ________________,__A Lt4 L �3x I- •So �__' -.1 ',',Di. 7 a III es 9 2\ / ese \ /./ 3 `\ s \T o ax $ eI1' 1;.1I1'E • 'tom .vV 2_\ :Ix.6 / V, X 38 \ ce �� x l � \ \ 5/- nn y V ,ts '�”37 /A ti .m �' v6nv .'d so 51 .L_�" a { \ dm lii Vx• Ve z / f \p6 A piz ry 2,7 i t x / \ r �' Il sDc 5 k*s cal Z� � id ! 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Brent Parker Account Code: 100-5231-56060 Date Prepared: July 29, 2014 Budgeted Amount: $166,420.00 Exhibits: 4 Subject Consider, and act upon, Resolution No. 2014-33(R) authorizing the City Manager to execute a Contract for Paramedic Ambulance Service between East Texas Medical Center(E.T.M.C.) and the Southeast Collin County E.M.S. Coalition consisting of the following communities: City of Wylie, City of Parker, the Town of St. Paul, City of Lavon and Collin County. Recommendation Motion to approve Resolution No. 2014-33(R) authorizing the City Manager to execute a Contract for Paramedic Ambulance Service between East Texas Medical Center(E.T.M.C.) and the Southeast Collin County E.M.S. Coalition consisting of the following communities: City of Wylie, City of Parker, the Town of St. Paul, City of Lavon and Collin County. Discussion An interlocal agreement established a cooperative purchasing agreement for ambulance service between many local communities and created the Southeast Collin County EMS Coalition. The construction of the original E.T.M.C. contract originated in 1998, and has suited the Coalition over the past 16 years with nominal contract adjustments. The contract has been opened up for bidding twice since its inception during the 16 years, and no other company has been able to provide the unique services required by our communities, with the exception of E.T.M.C. The current contract between the Coalition and ETMC expires September 30, 2014.. The new contract is a five year contract, with the option to extend. Page 1 of 1 RESOLUTION NO. 2014-33(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT FOR PARAMEDIC AMBULANCE SERVICES FOR AMBULANCE SERVICE BETWEEN EAST TEXAS MEDICAL CENTER (E.T.M.C.) AND THE SOUTHEAST COLLIN COUNTY E.M.S. COALITION CONSISTING OF THE FOLLOWING COMMUNITIES: CITY OF WYLIE, CITY OF PARKER, THE TOWN OF ST. PAUL, CITY OF LAVON AND COLLIN COUNTY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Contract for Paramedic Ambulance Services between East Texas Medical Center (E.T.M.C.) and the Southeast Collin County E.M.S. Coalition consisting of the following communities: City of Wylie, City of Parker, the Town of St. Paul, City of Lavon and Collin County, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-33(R)—Contract for Paramedic Ambulance Services/ Southeast Collin County EMS Coalition Page 1 of 1 CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Contract for Paramedic Ambulance Services (hereinafter referred to as "Contract" or "Agreement") is entered into by and between the Southeast Collin County EMS Coalition, consisting of the following Texas cities: Parker, Wylie, St. Paul, Collin County and Lavon (hereinafter collectively referred to as "Coalition"), and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not-for-profit corporation (hereinafter referred to as "ETMC EMS"). The Coalition and ETMC EMS are sometimes referred to collectively as the "Parties" or individually as a "Party." NOW, THEREFORE, for and in consideration of the premises and agreements herein contained and other good and valuable consideration, including the award of exclusive market rights, the receipt and adequacy of which are hereby forever acknowledged and confessed, the Parties agree as follows. ARTICLE I DEFINITIONS The following definitions shall apply to terms as used throughout this Agreement: Agreement means this Contract. CAD means Computer Assisted Dispatch, including but not limited to, primary dispatch data entry and automated time-stamping, 911 data interface, demand pattern analysis, system status management, automated patient locator aids, reporting and documentation, and automated vehicle tracking. Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the "Contract") is this Contract document labeled Contract for Paramedic Ambulance Services and is an Agreement between the Coalition and East Texas Medical Center Emergency Medical Service. Contract Service Area means the geographic area encompassing the Regulated Service Area plus unincorporated areas of Collin County and such other entities as may choose to contract with ETMC EMS pursuant to a contract incorporating clinical standards and financial provisions consistent with those contained in this Contract. EMS System means that network of individuals, organizations, facilities and equipment, including but not limited to, ETMC EMS, whose participation is required to generate a clinically appropriate, pre-planned system-wide response to each request for pre-hospital care and/or inter- facility transport, so as to provide each patient the best possible chance of survival without disability and given available financial resources. Extraordinary Adjustment is an adjustment justified on the basis of an unusual increase in the cost of a factor of production when such increase in cost is industry wide and the result of causes beyond ETMC EMS's reasonable control. Contract for Paramedic Services Page 1 of 24 1st Response, 1st Responder, 1st Response Organization refers to that service and those units (e.g., fire department 1st responders) which provide initial stabilization and trained assistance on-scene and, when required, en route to medical facilities, as well as certain extrication and rescue services. In accordance with Priority Dispatch Protocols, a 1st Response unit is routinely sent to all presumptively-classified life-threatening emergency calls within the Contract service area. Medical Director means an emergency physician expert in the pre-hospital practice of Emergency Medicine, appointed by ETMC EMS. Member Jurisdiction means the individual Coalition member's corporate limits. MICU means Mobile Intensive Care Unit as defined in 25 TEx. ADMIN. CODE § 157.2(52), as it exists or may be amended. Mutual Aid means the paramedic ambulance service provided within the Contract Service Area by neighboring providers other than ETMC EMS at the request of City of Wylie ("Wylie") Dispatch, pursuant to an agreement governing the exchange of service assistance when requested. Primary Unit(s) means those unit(s) staffed by ETMC EMS personnel. Regulated Service Area means the combined corporate limits of all Member Jurisdictions. Response Area of the Coalition means the corporate limits of the Member Jurisdictions of the Coalition. Coalition (aka Southeast Collin. County EMS Coalition) means an inter-local cooperative group consisting of the participating municipal governments of Lavon, Parker, St. Paul, and Wylie, plus unincorporated areas of Southeast Collin County. Subscription. Ambulance Membership Plan means an optional plan by which citizens in the Member Jurisdictions can contract with ETMC EMS for prepaid, medically necessary, ambulance transport services. System Standard of Care means the combined compilation of all priority-dispatching protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital, and standards for certification of pre-hospital care personnel (i.e. telephone call-takers, ambulance personnel and on-line medical control physicians). Contract for Paramedic Services Page 2 of 24 ARTICLE II MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS 2.1 FRANCHISE MODEL SYSTEM a. ETMC EMS shall provide services under this Contract through a franchise model system and shall furnish its own vehicles and on-board equipment as provided in this Contract. Except as otherwise set forth herein, ETMC EMS shall serve as the retail provider of 911 ambulance services, routine transport services and related ambulance services, financed primarily or exclusively on a fee-for-service basis with or without subsidy according to the agreement of each Member Jurisdiction and participating jurisdiction. b. ETMC EMS may charge user fees for services rendered under this contract that are consistent with the provisions of this Contract. c. Except for subsidies paid to ETMC EMS under the Subsidy/Price Agreement with each Member Jurisdiction, ETMC EMS shall seek compensation for its services under this Contract solely through the following sources, as applicable: (i) Third-party payers; (ii) Persons or entities who use ambulance services or other persons responsible for such ambulance services; and (iii) Contract purchasers of ambulance services. 2.2 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant to this Contract shall be MICUs and shall be staffed and equipped to render paramedic- level care. 2.3 MEDICAL SUPPLIES. All medical supplies acquired, supplied or reimbursed for the performance of the work that is the subject of this Contract shall be furnished by ETMC EMS at ETMC EMS's own expense, including 1st Responder supplies. 2.4 MEDICAL CONTROL. ETMC EMS shall provide Medical Direction for ETMC EMS personnel and, if so desired, will provide Medical Direction for all members of the Coalition. 2.5 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN. a. Basic Objects of Program. ETMC EMS shall offer for sale to residents of all Member Jurisdictions and participating jurisdictions under this Contract, a subscription ambulance membership plan. Additionally, ETMC EMS may offer discounts for renewal of subscription ambulance membership plans. Contract for Paramedic Services Page 3 of 24 b. Legal Obligations. The subscription ambulance membership plan offered to residents of the Member Jurisdictions and participating jurisdictions under this Contract shall comply with federal and state law relating to subscription ambulance membership programs. c. Medicaid Recipients. Persons whose medical expenses are covered under Medicaid are not eligible to participate under the subscription ambulance membership plan. d. Additional Benefits. ETMC EMS may, at its option, offer additional benefits to persons who purchase subscription ambulance membership plans under this subsection. e. Periodic Membership Drives. ETMC EMS shall hold an open enrollment period during each calendar year for the subscription ambulance membership program, and residents in the Member Jurisdictions and participating jurisdictions shall be entitled to apply for participation in the subscription ambulance membership program during that period. f. Beneficial Extension of Service. Each person requiring or requesting ambulance service shall receive the quality of care and transportation required under the System Standard of Care, without regard to membership status in the subscription ambulance membership program. g. Financial Assistance for Plan Purchase. A Member Jurisdiction or participating jurisdiction may purchase or may assist its residents in purchasing and paying for subscription ambulance membership plans in accordance with a written agreement between the Member Jurisdiction or participating jurisdiction and ETMC EMS. 2.6 USE OWN EXPERTISE AND JUDGMENT. ETMC EMS is specifically advised to use its own best judgment in deciding upon the methods to be employed to achieve and maintain the levels of performance required hereunder. Such "methods" include compensation programs, shift schedules, personnel policies, supervisory structures, vehicle deployment techniques, and other internal matters which, taken together, comprise ETMC EMS's own strategies and tactics for performing its obligations under this Agreement. 2.7 EXCLUSIVITY. ETMC EMS is awarded exclusive rights and responsibilities for the provision of all emergency and non-emergency ambulance services, originating within. the Member Jurisdictions, regardless of the manner in which the request for service is conveyed. Notwithstanding the foregoing, in the event that the Required MICU (as defined in Section 3.1) is on a transfer or otherwise unavailable, ETMC EMS may use another EMS service provider for non-emergency transfers to and from the Member Jurisdictions. Contract for Paramedic Services Page 4 of 24 2.8 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the Medical Director shall establish protocols for selection of the destination hospital, which protocols shall be strictly followed by paramedic personnel and on-line medical control physicians, except when a departure from protocol is justified on the basis of special considerations of patient care or practical barriers to implementation (e.g., blocked roads, hospital divert status, etc.). This Contract is entered into by both parties pursuant to a mutual assumption that transport protocols approved by the Medical Director shall strictly adhere to the following priorities of consideration, and shall recognize these priorities in the sequence presented: a. First Consideration: patient care and safety; b. Second Consideration: patient/family choice; and c. Third Consideration: fairness in distribution of patients among hospitals. In this regard, the following rules shall apply: (i) Non-Emergencies. All "non-emergency patients" (as defined by patient- assessment protocols approved by the Medical Director) shall be transported to the destination selected by the patient, the patient's family or the patient's personal physician, without exception. (ii) Non-Life-Threatening Emergencies. Patients experiencing a "nonlife- threatening emergency" (as defined by patient-assessment protocols approved by the Medical. Director) shall be transported to the facility of choice designated by the patient, the patient's family, or the patient's personal physician, or if no such preference is stated, to the nearest hospital approved by the Medical Director for receipt of patients experiencing non-life-threatening emergencies. (iii) Life-Threatening Emergencies. Patients experiencing life-threatening emergencies (as defined by patient-assessment protocols approved by the Medical Director) shall, in accordance with transport protocols approved by the Medical Director, be delivered to the "nearest appropriate facility", taking into consideration. the patient's condition and location, the patient's medical requirements and the respective capabilities of hospitals within and, for some types of patients, outside the Contract Service Area. Such transport protocols shall not be inconsistent with then-currently-approved trauma system protocols (when available). (iv) Enforcement. Inappropriate and unjustified deviations from these patient- destination protocols by a paramedic without direct authorization by a Base Station Physician or inappropriate and unjustified instructions regarding such deviation by a Base Station Physician shall be subject to reasonable and appropriate sanctions by the Medical Director provided that such sanctions are applied in accordance with due process procedures. Contract for Paramedic Services Page 5 of 24 ARTICLE III SCOPE AND QUALITY OF SERVICES 3.1 AMBULANCE SERVICES TO COALITION. ETMC EMS shall provide emergency and non-emergency ambulance service to the entire Response Area of the Coalition, and shall provide staff and MICUs as set forth in this Contract, including but not limited to at least one fully staffed MICU dedicated solely for response to the entire Response Area of the Coalition (the "Required MICU"). In the event that no ambulance provided for in this Contract is available for service, or additional ambulances are needed, each member of the Coalition will be required to rely upon mutual aid plans for its municipality. Wylie will maintain response time records and meet the following goals on all Primary Unit transports for which Wylie has primary dispatch responsibility as set forth below: 1. Life-Threatening Emergency Calls will have a response time 90% or better of 8 minutes and 59 seconds. 2. Non Life-Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 59 seconds. These commitments shall be calculated on a per-one hundred (100) transport basis for the Primary Unit only, and shall be calculated annually at the end of each year during the term of this Contract. The response time commitments set forth above shall constitute contractually binding performance requirements under this Agreement. In this regard, the protocols set forth in Section 3.2 of the Coalition Agreement shall apply to the reporting requirements of this Agreement. However, for purposes of this Agreement "response time" is defined as: the elapsed time between the moment a request for ambulance service is received by the responding Coalition ambulance, and the time that unit arrives at the confirmed location of an emergency or upon the arrival of ALS 1st Responder personnel. Exemptions. No requests for ambulance service shall be exempt from response time compliance. Response time calculations under this Section 3.1 will be based on percentiles for every one hundred (100) requests for service by priority except as follows: i. Requests not resulting in a patient transport; ii. Requests during a period of unusually severe weather conditions, such that response time compliance is either impossible or could be achieved only at a greater risk to the public than would result from delayed response; iii. Late runs resulting as a consequence of inaccurate or incomplete information obtained by 911 control center personnel during telephone interrogation of a caller, or in conveying such information to the ETMC EMS responding unit, either orally or by way of data transmission; Contract for Paramedic Services Page 6 of 24 iv. Requests during a declared disaster, locally or in a neighboring non- participating jurisdiction, in which ETMC EMS is rendering assistance. During such periods, ETMC EMS shall use best efforts to simultaneously maintain coverage within Member Jurisdictions and participating jurisdictions as well as provide disaster assistance; v. In cases where multiple paramedic capable units are dispatched to a single incident, the first-arriving paramedic unit shall "stop the clock", and response times of later arriving units shall be excluded from response time statistics; vi. During periods of unusual system overload, which shall mean that at least three (3) emergency responses are occurring simultaneously within the service area, responses in excess of the second emergency request shall not be included in response time calculations; vii. Requests dispatched to EMS unit when responding from locations outside Wylie; and viii. No other causes of late response (e.g., equipment failure, vehicular accident regardless of origin, or other causes within ETMC EMS's reasonable control) shall serve to justify exemption from response time requirements. 3.2 EMERGENCY MEDICAL DISPATCH: ETMC EMS agrees that all ambulances will be dispatched through the Wylie Communications Center using the nationally recognized emergency dispatch program Medical Priority Dispatch System(MPDS). Wylie agrees to provide real-time access to all emergency medical call-related telephone calls and real-time access to all EMS-related radio traffic and dispatch data. 3.3 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. ETMC EMS shall comply with customer service and accounts receivable management practices as provided in this Contract. 3.4 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the disaster occurs. Immediately upon such notification, ETMC EMS shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster occurred. The disaster-related provisions of this Contract are: a. At the scene of such disasters, ETMC EMS personnel shall perform in accordance with local disaster protocols established by that community. Contract for Paramedic Services Page 7 of 24 b. When disaster assistance has been terminated, ETMC EMS shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking and other relevant considerations. c. During the course of the disaster, ETMC EMS shall use its best efforts to provide emergency coverage throughout the Contract Service Area and shall suspend non- emergency transport work as necessary, informing persons requesting such non- emergency service of the reason for the temporary suspension. 3.5 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every Member Jurisdiction and participating jurisdiction shall have access to the resources of the EMS System, as dictated by fluctuations in consumer demand for service, weather conditions and disaster events. To ensure such flexibility in responding to shifting needs, ETMC EMS will refrain from contractually committing any of its ambulances to the exclusive benefit of any jurisdiction. 3.6 WYLIE AMBULANCE AND DEPLOYMENT. Wylie currently staffs an ambulance with MICU capabilities ("Wylie Ambulance") and will continue to do so. Such Wylie Ambulance shall be used to provide back-up ambulance service to the Coalition. A separate contract, Supplemental Agreement to Contract for Paramedic Ambulance Services, between Wylie and ETMC shall provide special terms and conditions. Should any other member of the Coalition determine that it will also provide back-up ambulance service, a separate contract between the member and ETMC will also be required. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport, to the Coalition member that provided the transport, but only when Wylie Dispatch calls for back-up in the event ETMC EMS's unit(s) is/are out of service, subject to Section 3.9, below. a. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Wylie Ambulance (as described in 3.6 above). The supplies used must be recorded on the patient care report. b. ETMC EMS shall provide the Coalition with another ambulance unit during any time that the Wylie Ambulance is out of service. ETMC EMS will provide such replacement ambulance for a period of up to ten (10) days. After ten (10) days, ETMC EMS will negotiate a mutually acceptable short term lease for such. replacement ambulance with lease payments not to exceed ten dollars ($10.00) per day. c. If the Coalition requests additional resources from ETMC EMS, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC EMS in order to provide sufficient resources for the services described in such contract. If the Parties are unable to reach such a mutual agreement, the current provisions of this Contract shall remain in effect. Contract for Paramedic Services Page 8 of 24 3.7 USE OF NON-COALITION OR NON ETMC EMS AMBULANCES. In the event a Coalition member utilizes an ambulance of an entity that is not a Coalition member or an ETMC EMS unit, and a Coalition member-operated ambulance or an ETMC EMS ambulance was available, then such Coalition member shall reimburse ETMC EMS for ETMC EMS's loss of revenue for such trip, excluding transfer. 3.8 CLEAN TICKET PROVISION. ETMC EMS' payment of the One Hundred ($100) Dollar stipend provided for in Section 3.6 is expressly conditioned on the Coalition members fully and accurately completing the trip ticket and related paperwork in accordance with the policies and procedures that ETMC EMS requires of its own personnel in the completion of such trip ticket ("Clean Ticket"). ETMC EMS will provide adequate training/education to personnel filling out trip tickets. 3.9 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards of clinical quality as well as the clinical upgrade schedules to occur on or before listed deadlines throughout the term of this Contract shall constitute contractually binding performance requirements under this Agreement. 3.10 CONTINUING EDUCATION. ETMC EMS shall provide the Coalition members and their 1st Responders with necessary continuing education including two (2) live continuing education programs conducted by the Office of Clinical Services annually. These continuing education programs shall be held within the Contract Service Area and shall meet or exceed the State of Texas' educational requirements for recertification of paramedic and EMT personnel. ETMC EMS' obligation to provide continuing education under this Section 3.10 includes EMT and Paramedic training, which includes trauma, advanced cardiac and pediatric education programs. ARTICLE IV CONSIDERATION Consideration for this Contract is an award of exclusive market rights subject to the terms set forth in this Contract for the term of the Contract. 4.1 AUTHORIZATION OF USER-FEE CHARGES. ETMC EMS shall charge user fees for services originating within each Coalition Member Jurisdiction. Each Coalition member may assist its residents in purchasing and paying for membership rights by incorporating voluntary provisions for billing and payment in conjunction with residential water bills. 4.2 USER-FEE AUTHORIZATION. ETMC EMS is hereby authorized to charge user fees for ground ambulance services as follows: The maximum total average of all bills generated for ambulance service originating within the Coalition (exclusive of mileage charges) shall not exceed eight hundred ninety five dollars and thirty-five cents ($895.35) ("Maximum Total Average Bill"). Contract for Paramedic Services Page 9 of 24 4.3 ANNUAL INFLATION ADJUSTMENTS. The Coalition shall annually permit adjustment of the ETMC EMS Maximum Total Average Bill (as discussed in this Section 4.3), the first such adjustment being authorized on October 1, 2015. Any increase made to the Maximum Total Average Bill in such adjustment shall not exceed the percentage change in the nationwide Consumer Price Index for All Urban Consumers ("CPI-U") over the most recent twelve (12) month period for which published figures are available. ETMC EMS has the discretion to accept all or a portion of the maximum allowable inflation adjustment and may apply those amounts in the manner determined by ETMC EMS provided that such adjustment does not exceed the maximum allowable adjustment under this Contract. 4.4 ADJUSTMENT FOR EXCESS BILLINGS. In the event ETMC EMS's actual total average bill (exclusive of mileage charges) for services rendered in the Contract Service Area during the preceding contract period is found to be inadvertently in excess of the level permitted by the then-applicable Maximum Total Average, the Coalition shall delay the effective date of the inflation adjustment increase by a number of days sufficient to fully offset the amount of overpayment, as approved by the Coalition. 4.5 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED UPGRADES. ETMC EMS may periodically apply for extraordinary rate adjustments to offset the actual and reasonable marginal costs of implementing and maintaining clinical upgrades required by the Medical Director and approved by the Coalition. Adjustment shall be subject to optional review and confirmation or denial by the Coalition. 4.6 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES. As may be justified by circumstances beyond ETMC EMS's reasonable control (e.g., industry wide insurance cost increases of major magnitude, restoration of OPEC's pricing powers, etc.), ETMC EMS shall be eligible for temporary but renewable (as justified and approved by the Coalition) Extraordinary Adjustments when the Coalition finds that the cause of such extraordinary increase in the cost of one or more factors of production necessary to produce quality pre-hospital care is due to an unusually large, rapid increase in the cost to ETMC EMS of that factor of production, in which this increase is industry- wide, not the result of poor purchasing practices and not the result of increased consumption of the factor of production. Provided, however, all such approvals of Extraordinary Adjustments shall be subject to optional review and confirmation or denial by the Coalition. 4.7 ANNUAL SUBSIDY. Beginning October 1, 2014,. the Coalition will provide an annual subsidy to ETMC EMS for the provision of EMS services under this Agreement in the amount of two hundred three thousand, three hundred seventy-three dollars and twenty cents ($203,373.20), which will be paid in four (4) quarterly installments of fifty thousand eight hundred forty-three dollars and thirty cents ($50,843.30), with each installment due on October 1, January 1, April 1 and July 1 of each year during the term of this Agreement. This subsidy amount will be adjusted annually on October 1st of each year but each such adjustment shall not exceed the percentage change in the nationwide CPI-U over the most recent twelve (12) month period for which published figures are Contract for Paramedic Services Page 10 of 24 available. ETMC EMS will provide the Coalition with at least sixty (60) days' notice of any increase in the subsidy due to changes in the CPI-U. The quarterly subsidy installment payment will be remitted to ETMC EMS within fifteen (15) days of the invoice for such payment being sent to the Coalition. In the event the Coalition fails to remit such payment, ETMC EMS shall have the option to terminate this Agreement upon thirty (30) days' notice. The share of the annual subsidy to be paid by each Coalition member shall be as agreed to by the Coalition in Exhibit "A". In the event the Initial Term (as hereinafter defined) of this Agreement is continued into one or more renewal terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the renewal term(s), if any. If the Parties cannot mutually agree on such subsidy amounts for any renewal term, ETMC EMS may terminate this Agreement upon sixty (60) days' prior written notice, without penalty. The amounts set forth in this Section 4.7 represent the amounts due ETMC EMS, assuming that the membership of the Coalition remains the same as of the effective date of the Contract. EACH COALITION MEMBER WHO WITHDRAWS FROM THE COALITION, CEASES TO PARTICIPATE OR CONTRACTS WITH ANOTHER EMS PROVIDER IS SOLELY RESPONSIBLE FOR MAKING ETMC EMS WHOLE FOR SUCH LOSS OF REVENUE FOR THE DURATION OF THE CONTRACT (WHICH INCLUDES SUBSIDY AND PATIENT TRANSPORT REVENUE RELATED TO SUCH COALITION MEMBER) TO ETMC EMS. Such Coalition member agrees that its termination or withdrawal from the Coalition irreparably harms ETMC EMS and knowingly and specifically agrees that its agreement to make ETMC EMS whole as the result of such termination or withdrawal is an essential provision in this Agreement. The Coalition agrees to the maximum extent permitted by law to hold harmless ETMC EMS from such loss of revenue and loss of subsidy. In the event such Coalition member refuses to reimburse ETMC EMS for such loss of revenue or loss of subsidy, ETMC EMS shall have all rights allowed by law to pursue money damages, including its attorneys' fees in seeking to collect such loss of revenue and subsidy from the Coalition Member. Additionally, the failure to pay such monies to ETMC EMS is a material breach of this Agreement, and notwithstanding any other provisions to the contrary, ETMC EMS may terminate this Agreement because of such breach upon sixty(60) days' prior written notice, without penalty. 4.8 ETMC EMS shall have the exclusive right to bill and collect any third-party payer or individual for services rendered by ETMC EMS, and for any transports rendered by the Coalition. 4.9 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are growing rapidly and the need for future EMS services may arise in the future. ETMC EMS will periodically evaluate the services rendered and determine ETMC EMS's capability and performance. As the result of such evaluation, ETMC EMS may consider Contract for Paramedic Services Page 11 of 24 such information in evaluating the need to dedicate additional units or other alternatives to the Coalition as sound business practices would dictate, and as the Parties mutually agree. 4.10 Within the first six months of the Initial Term of this Contract, ETMC EMS will remount physical unit 990 and provide an ETMC EMS painted ambulance as a replacement during the remounting process. ETMC EMS will also provide two (2) monitor/defibrillators for use on the Wylie units. 4.11 After completion of the Initial Term of this Contract and the granting of the five (5) year renewal term, ETMC EMS will remount units 990 and 991 within the first six months of the five (5) year renewal term. ETMC EMS will supply two ETMC EMS painted ambulances as replacements during the remounting process. ARTICLE V INSURANCE AND INDEMNIFICATION 5.1 INSURANCE REQUIREMENTS. At all times during the Initial Term of this Contract and throughout any renewal terms, ETMC EMS shall obtain insurance as listed below and pay all premiums thereon for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition, its individual members and the Medical Director as "additional insured". ETMC EMS shall furnish the Coalition with an ACORD Certificate of Insurance and all required endorsement(s) indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier will endeavor to give the Coalition thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to prohibit the use of a program of insurance being "self-insurance" as that term is normally used as being a formally organized system of covering risks or to be a limitation upon the insured as to the deduction it may cause to be provided in connection with any of its respective insurance policies. ETMC EMS shall provide the Coalition with evidence that any/all subcontractors performing services under this Agreement have the same types and amounts of coverage as required herein. ETMC EMS's insurance coverage shall meet the following minimum requirements: a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. The Worker's Compensation Insurance shall provide for a waiver of subrogation against the Coalition and its members for injuries, including death, property damage or any other loss to the extent the same is covered by the proceeds of insurance. b. COMMERCIAL GENERAL LIABILITY. Commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence combined single limits (CSL) for all claims resulting from bodily injury (including Contract for Paramedic Services Page 12 of 24 death) and/or property damage arising out of the operations of the ambulance service authorized hereunder. c. AUTOMOBILE LIABILITY. The following coverage is required: (i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all automobiles and including all owned, hired, or leased vehicles in an amount equal to or greater than the minimum liability limits required by law. (ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability in an amount equal to the liability limits set forth in Subsection b, immediately above. d. AMBULANCE LIABILITY. A policy covering the liability created by ambulance operation to a limit called for in Subsection b hereof. It is further understood that, due to the nature of this risk, it is presently necessary to obtain this coverage through the Assigned Risk Pool and that policy form must be accepted as offered. e. MALPRACTICE. Malpractice insurance in an amount not less than one million ($1,000,000.00) dollars for each claim. f. EXCESS LIABILITY INSURANCE UMBRELLA. Excess liability insurance umbrella policy providing two million dollars ($2,000,000.00) coverage per occurrence and four million dollars ($4,000,000.00) annual aggregate coverage in excess of all other liability policies prescribed herein. g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may be submitted to the Coalition. Satisfactory evidence that such insurance is at all times in full force and effect shall be furnished to the Coalition on ETMC EMS's execution of this Contract and, thereafter, within seven (7) days of the Coalition's written request for the same. h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or other termination of any policy of insurance required hereunder shall give the Coalition the right to revoke and terminate this Contract, in addition to any other remedies available to the Coalition, unless another insurance policy complying with the provisions of this section shall be provided and be in full force and effect at the time of such cancellation or other termination. i. OCCURRENCE FORM REQUIRED. All coverage furnished hereunder shall be written on an "occurrence" basis not a "claims made" basis, provided, however, that a combination of"claims made" coverage and "extended reporting endorsement" ("tail coverage") for an indefinite period following expiration of this Contract shall be considered equivalent to "occurrence" coverage. Furthermore, nothing in this provision shall be construed as prohibiting partial self-funding of defined aspects of coverage, provided self-funding financial arrangements and risk-management aspects are approved by the Coalition, which approval shall not be unreasonably withheld. Contract for Paramedic Services Page 13 of 24 5.2 INDEMNIFICATION. ETMC EMS COVENANTS AND AGREES THAT IT WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COALITION, EACH MEMBER JURISDICTION AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST ANY CLAIM, LOSS, DAMAGE, COST, CHARGE OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING OUT OF ANY ACT, ACTION, NEGLECT OR OMISSION BY ETMC EMS, ITS OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT, EXCEPT THAT NEITHER ETMC EMS, EAST TEXAS MEDICAL CENTER REGIONAL HEALTHCARE SYSTEM, NOR ANY OF THEIR RESPECTIVE SUBCONTRACTORS OR ASSIGNEES, WILL BE LIABLE UNDER THIS SECTION FOR DAMAGES ARISING OUT OF INJURY OR DAMAGE TO PERSONS OR PROPERTY DIRECTLY CAUSED OR RESULTING FROM THE NEGLIGENCE OF THE COALITION, OR ANY MEMBER JURISDICTION OR ANY OF THEIR OFFICERS,AGENTS, REPRESENTATIVES OR EMPLOYEES. ARTICLE VI MAJOR DEFAULT & REPLACEMENT PROVISIONS 6.1 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a major default by ETMC EMS shall include but not be limited to the following: a. Supplying to the Coalition during the contracting process, false information or information so incomplete as to effectively mislead; b. Willful falsification of data supplied to the Coalition or to the Medical Director during the course of operations, including by way of example but not by way of exclusion, patient report data, response data, financial data, or willful or deliberate omission of any other data required under this Contract; c. Deliberate and unauthorized scaling down of operations to the detriment of perfouiiance during a "lame duck" period; d. Failure to maintain equipment in accordance with generally accepted maintenance practices; e. Willful attempts by ETMC EMS to intimidate or otherwise punish non- management employees who desire to interview with or to sign contingent employment agreements with successful bidders following a subsequent bid cycle; j. Chronic and persistent failure of ETMC EMS's employees to conduct themselves in a professional and courteous manner and to present a professional appearance; k. Failure by ETMC EMS to cooperate with and assist the Coalition in its transfer of ETMC EMS's operations after a major default has been declared by the Coalition, Contract for Paramedic Services Page 14 of 24 as provided for in Section 6.2, even if it is later determined that such default never occurred or that the cause of such default was beyond ETMC EMS's reasonable control; 1. Failure to substantially and consistently meet or exceed the various clinical and response standards required hereunder; m. Intentional over billing; and/or n. Failure to fully comply with applicable federal, state and local laws, rules and regulations. 6.2 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the event the Coalition determines that a major default has occurred, and if the nature of the default is, in the opinion of the Coalition, such that public health and safety are endangered, ETMC EMS shall be given written notice specifying the particular complaint(s) and identifying them as appropriate by date, place, etc. with a reasonable opportunity (defined as seventy-two (72) hours for a deficiency dangerous to public health and safety and thirty (30) days for any other deficiency) to correct said deficiency. In the event ETMC EMS fails to correct said deficiency within the time as set forth above, ETMC EMS may thereafter be found to be in default (as set forth in Section 6.3). In such event, the Coalition may immediately terminate this Contract in full, without any recourse, damages or rights of recovery to ETMC EMS, and/or may take any other legal action to protect and enforce the Coalition's rights, and ETMC EMS shall cooperate with the Coalition to affect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalition's responsibilities as set forth in Section 6.3. 6.3 MAJOR DEFAULT. In the event of a major default and the failure to cure the same as set forth in Section 6.2, ETMC EMS shall transfer its responsibilities within seventy-two (72) hours thereafter upon such finding of a major default by the Coalition„ in addition to any other remedies available to the Coalition. Notwithstanding the foregoing, ETMC EMS does not waive its rights to challenge such declaration and may dispute such issue in a court of law and, if successful,recover all its damages as allowed by law. 6.4 MAJOR DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the Coalition declares ETMC EMS to be in major default on grounds other than a performance deficiency dangerous to public health and safety, ETMC EMS may dispute and legally resolve the Coalition's claim of major default prior to transfer of ETMC EMS's operations by the Coalition. 6.5 "LAME DUCK" PROVISIONS. Should ETMC EMS fail to prevail in a future procurement cycle, the Coalition shall obviously depend upon ETMC EMS to continue provision of all services required under this Contract until the new contractor assumes service responsibilities. Under these circumstances, ETMC EMS would, for a period not to exceed six months, serve as a "lame duck" contractor. To ensure continued performance fully consistent with the requirements of this Contract throughout any such "lame duck"period, the following "lame duck" provisions shall apply: Contract for Paramedic Services Page 15 of 24 a. Throughout such "lame duck" period, ETMC EMS shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent contract to another firm; b. ETMC EMS shall make no changes in methods of operation that could reasonably be considered to be aimed at cutting ETMC EMS's service and operating costs to maximize profits during the final stages of this Contract; and, c. The Coalition recognizes that, if another firm prevails in a future procurement cycle, ETMC EMS may reasonably begin to prepare for transition of service to the new contractor during the "lame duck" period, and the Coalition shall not unreasonably withhold its approval of ETMC EMS's requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair ETMC EMS's perfoimmiance during the "lame duck" period and so long as such transition activities are prior-approved by the Coalition. 6.6 PERFORMANCE BOND. To provide protection to the Coalition, ETMC EMS shall furnish a performance bond in the amount of one million dollars ($1,000,000.00). 6.7 OTHER DEFAULT. In the event the Coalition determines that a default other than a major default as defined in Section 6.1 has occurred, ETMC EMS shall be given written notice of such other default and shall have thirty (30) days to correct such other default. In the event ETMC EMS fails to cure such other default within thirty (30) days, ETMC EMS may thereafter be found to be in default. In such event, the Coalition may immediately terminate this Contract in full, without any recourse, damages or rights of recovery to ETMC EMS, and/or may take any other legal action to protect and enforce the Coalition's rights, and ETMC EMS shall cooperate with the Coalition to affect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalition's responsibilities in accordance with Section 6.3. ARTICLE VII TERM AND RENEWAL 7.1 TERM OF AGREEMENT. This Contract shall be for a period of five (5) years beginning October 1, 2014 ("Initial Term"). 7.2 RENEWAL TERM. This Contract will automatically be renewed for one (1) additional five (5) year extension period; however, either party shall have the right to terminate this Contract at the end of the "Initial Term" or any "Renewal Term" by providing the other party with one hundred twenty (120) days' written notice prior to such date. Contract for Paramedic Services Page 16 of 24 ARTICLE VIII GENERAL PROVISIONS 8.1 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by ETMC EMS in the performance of work under this Contract shall be competent and holders of appropriate permits in their respective trades or professions. The Coalition may demand the removal of any person employed by ETMC EMS who engages in chronic misconduct or is chronically incompetent or negligent in the due and proper performance of his duties, and such person shall not be reassigned by ETMC EMS for provision of services under this Contract without the written consent of the Coalition, provided, however, that the Coalition shall not be arbitrary or capricious in exercising its rights under this provision, and shall be required to document in writing the specific reasons for exercising rights relative to any given employee, and shall also give that employee an opportunity to defend himself in the presence of ETMC EMS's chief executive officer and Medical Director and the Coalition prior to removal. 8.2 PERMITS & LICENSES. ETMC EMS shall be responsible for obtaining all necessary pelulits and licenses required for initiation and completion of its work under this Contract. 8.3 VENDOR DISCLOSURE. ETMC EMS acknowledges and agrees that it is aware of the vendor disclosure requirements set forth in Chapter 176 of the Texas Local Government Code, as amended, and will abide by the same. In this connection, ETMC EMS shall provide an executed copy of the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "B" and incorporated herein for all purposes, when ETMC EMS delivers an executed copy of this Agreement to the Coalition. 8.4 ASSIGNMENT. This Agreement shall not be assigned or transferred without the prior written consent of the Coalition. Such written consent shall not be unreasonably withheld. 8.5 RIGHTS AND REMEDIES NOT WAIVED. ETMC EMS agrees that the work specified in this Contract shall be completed without further consideration of the market rights provided for herein and that the acceptance of work and the payment of user fees and subsidy amounts (if any) shall not be held to prevent maintenance of an action for failure to perform such work in accordance with this Agreement. In no event shall payment by a Member Jurisdiction (if any such payments are made) hereunder constitute or be construed to be a waiver by the Coalition of any default or covenant or any default which may then exist on the part of ETMC EMS, and the making of such payment while any such default exists shall in no way impair or prejudice any right or remedy available to the Coalition with respect to such default. 8.6 ATTORNEY FEES. If either the Coalition or ETMC EMS institutes litigation against the other party to secure its rights pursuant to this Contract, the prevailing party shall be entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in addition to any other relief to which such party may be entitled. Contract for Paramedic Services Page 17 of 24 8.7 NON-DISCRIMINATION. ETMC EMS agrees as follows: a. ETMC EMS will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, disability, sex or age. ETMC EMS will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, disability, sex or age. Such action shall include, but not be limited to the following: (i) employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. ETMC EMS agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. ETMC EMS will, in all solicitations or advertisements for employees placed by or on behalf of ETMC EMS, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, disability, sex or age. 8.8 COMPLIANCE WITH LAWS. The services furnished by ETMC EMS under this Contract shall be rendered in full compliance with applicable federal, state and local laws, rules and regulations. It shall be ETMC EMS's responsibility to determine which laws, rules and regulations apply to the services rendered under this Contract and to maintain compliance with those applicable standards at all times. 8.9 SEVERABILITY. In the event any provision hereunder is determined to be illegal, invalid or unenforceable under applicable law, said provision shall be deemed deleted from this Agreement as if never contained herein and the remainder of this Agreement shall remain enforceable. 8.10 HEADINGS. The Paragraph headings, articles, sections and captions contained in this Contract are solely for the convenience of the Parties and shall in no manner be construed as part of this Agreement. 8.11 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Texas, without regard to Texas' choice of law provisions, and, in the event of litigation with respect to this Agreement or any of its terms, venue shall rest in Collin County, Texas. 8.12 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, whether oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding unless in writing signed by all Parties. 8.13 AMENDMENT. This Agreement may be amended in writing upon the agreement of both Parties so as to conform to the law or any changes in the law and/or regulations applicable to the terms of this Agreement. If the Coalition refuses to amend the Contract for Paramedic Services Page 18 of 24 Agreement in accordance with this Section, such action shall be considered a breach of this Agreement and the Agreement may be terminated by ETMC EMS. 8.14 NO WAIVER. The failure of either party to insist at any time upon the strict observance of performance of any provision of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any right or remedy of such party or be construed as a waiver or relinquishment thereof with respect to subsequent defaults or breaches. Every right and remedy given by this Agreement to the Parties hereto may be exercised from time to time and as often as may be deemed expedient by the appropriate party. 8.15 NOTICE. All notices hereunder by either Party to the other shall be in writing, delivered personally, by certified or registered mail (postage prepaid), return receipt requested or by overnight courier services (charges prepaid) and shall be deemed to have been duly given when delivered personally, when deposited in the United States mail or delivered to the overnight courier, addressed as follows: If to ETMC EMS: Ronald J. Schwartz, Vice President/COO East Texas Medical Center Emergency Medical Service P.O. Box 387 Tyler, Texas 75710 If to Coalition: Southeast Collin County EMS Coalition 2000 N. Hwy 78 Wylie, Texas 75098 Attention: Fire Chief or to such other persons or places as either Party may, from time to time, designate by written notice to the other. 8.16 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC EMS is acting as an independent contractor with respect to the Coalition and neither ETMC EMS nor any ETMC EMS employees or agents shall be considered employees of the Coalition. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide EMS services to entities and individuals other than the Coalition, and nothing in this Agreement shall be interpreted as limiting or restricting in any way ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the Parties hereto, and nothing herein shall authorize either Party to act as agent for, or bind, the other, except to the extent herein provided. Each Party shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security, workers' compensation and other taxes and benefits. Neither ETMC EMS nor ETMC EMS's employees or agents shall be subject to any Coalition policies solely Contract for Paramedic Services Page 19 of 24 applicable to the Coalition's employees or be eligible for any employee benefit plan offered by the Coalition. 8.17 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed to result, directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, strikes or other work interruptions by either Party's employees, or any other similar cause beyond the reasonable control of either Party. 8.18 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC EMS shall, in accordance with 42 U.S.C., §1395x (v)(I)(I) (Social Security Act §1861 (v)(I)(I) and 42 C.F.R., Part 420, Subpart D, §420.300, et seq., until the expiration of four (4) years after the furnishing of Medicare reimbursable services pursuant to this Contract, upon proper written request, allow the Comptroller General of the United States, the Department of Health and Human Services and their duly authorized representatives access to this Agreement and to ETMC EMS's books, documents and records (as such teiiiis are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of costs of Medicare reimbursable services provided under this Contract. In accordance with such laws and regulations, if Medicare or Medicaid reimbursable services provided by ETMC EMS under this Contract are carried out by the means of a subcontract with an organization related to ETMC EMS, and such related organization provides the services at a value or cost of ten thousand dollars and no cents ($10,000.00) or more over a twelve (12) month period, then the subcontract between ETMC EMS and the related organization shall contain a clause comparable to the clause specified in the preceding sentence. No attorney-client, accountant-client or other legal privilege shall be deemed to have been waived by ETMC EMS or the Coalition by virtue of this Contract. 8.19 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Contract may not be amended or modified except by mutual written agreement. 8.20 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer the Affordable Care Act, Medicare, any other payer or any other federal, state or local government or agency passes, issues or promulgates any law, rules, regulation, standard or interpretation, or any court of competent jurisdiction renders any decision or issues any order, at any time while this Agreement is in effect, which prohibits, restricts, limits or in any way substantially changes the method or amount of reimbursement or payment for services rendered under this Agreement, or which otherwise significantly affects either Party's rights or obligations hereunder, either Partly may give the other notice of intent to amend this Agreement to the satisfaction of both Parties, to compensate for such prohibition, restriction, limitation or change. If this Agreement is not so amended in writing within ten (10) days after said notice was given, this Agreement shall tei ininate as of midnight on the tenth (10th) day after said notice was given. Contract for Paramedic Services Page 20 of 24 8.21 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be herein specifically provided to the contrary, whenever this Agreement requires any consent or approval to be given by either Party, or either Party must or may exercise discretion, the Parties agree that such consent or approval shall not be unreasonably withheld or delayed, and such discretion shall be reasonably exercised in good faith. 8.22 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of third parties or enforceable by any third party. Except as provided above, any agreement to pay an amount and any assumption of a liability herein contained, expressed or implied, shall only be for the benefit of the Parties hereto and such agreement or assumption shall not inure to the benefit of any third party, including an oblige. 8.23 PARAMEDIC SKILL LEVELS. Effective October 1, 2014, ETMC EMS Paramedic skill levels/certifications will be as follows: a. Texas State EMT-P Certification; b. International Trauma Life Support or equivalent; c. Advanced Cardiac Life Support; and d. Advanced-Pediatric Emergency Care or equivalent. 8.24 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is effective on the last date of execution indicated below. 8.25 IMMUNITY. The Parties acknowledge and agree that, in executing and performing this Agreement, the Coalition and the Member Jurisdictions have not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it/them against claims arising in the exercise of governmental powers and functions. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Contract for Paramedic Services Page 21 of 24 City of Lavon, Texas East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service Mayor Date Printed Name: Ronald J. Schwartz, V/P Date City of Parker, Texas Collin County, Texas Mayor Date Keith Self Date Printed Name: County Judge Town of St. Paul, Texas City of Wylie, Texas Mayor Date Mindy Manson, City Manager Date Printed Name: Attest: Carole Ehrlich, Wylie City Secretary Contract for Paramedic Services Page 22 of 24 EXHIBIT "A" oI t _ .st C_o. h1s County EATS Coali-tion Exhibit :A ',ubi_ .. { ---- u . 2 1 1 Population Cit°.. Inca•rta;stated• • • • • ReutpiC *tat Lavan 3084 0 Q 1 1 Mate 38397 2632 41029 1 Parker St.Raul 352 92 �8 45 3573 ......................................... ...................................... ....................................................... i I 1 • Subsidy . - PoW8 etr .•... , .: .,, et t • titis t1 7$. x 1 Lava 3,084 I Wylie 38,397 .82% $ 166,416.37 j Parker 3,528 8% $ 15..290.70, 1 St.Paul 927 2% .: 4,017.71 G olhnCount 988 2% $ 428249 I 1 _.. Annual Monthly I Orli,final Subsid- $ 187,373.24 $ 15 614 : .s L«W. ,� i m � „� 'n,� �, '" ;� '" �"ro i r~•m^ ,, m "tea '�^ r* : "� ^: o 1 art ..,.. . ...„. „,,„„,:,.........„.,„,. ' `v� \ `ti,�^�4�y�il, . . .. rt�u _."' �s r �e * lA1MPYk r a �Ia �� 1PY )F, -'11.i[. til§ ,r . lr.t ZSL 3tn'ooltoollmim se, � � , Contract for Paramedic Services Page 23 of 24 EXHIBIT "B" (Conflict of Interest Questionnaire, Form CIQ) CONFLICT OF INTEREST QUESTIO. NAIRE FOR Ci For 'vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by FI.13 fat Mb Leg.. Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code ale Rece)ped bye person who base business relationship as defined by Section 17613010-hi with a local governmental entity and the person meets regtorements under Section 176.006(a). By law this questionnaire must be fled with the records,admintstrator of the local governmental entity not later than the 7th business clay a irei the date the person becomes aware of•facts that Iraquire the statement to be filed. See Section 176.006 Local Government Code. A person commits an offense if the person knowingly violates Section 176,006, Local Government Code.An offense under this section is a Class C misdemeanor 11 Name of person who has a business relationship with local ecavernmental entity Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the'7th business day after the date the originally tied quesbonnaire becomes incomplete cr inaccurate) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C S D1 roust be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.00N 1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. is the local government offir named in this section receNing or likely bo receive taxable noome,other than investment income,from the filer of the questionnaire? Yes No B. Is the Fier of the questionnaire receiving or likely to receive taxable income,other than Wwestment HICOMe,from or at the direction of the local government officer named in this sexton AND the taxable income is not received from the local governmental entity? Yes No: C.. Is the filer of this questionnaire employed by a.corporation or other business entity with respect to which the local government officer serdes as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationsh0 with the local government offerer named in this section. Signature of person dong buswess wAh the govemmenlal entity Das, Adopted 06/22120127 Contract for Paramedic Services Page 24 of 24 uF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,-:ts Meeting Date: September 9,2014. Item Number: M Department: Fire (City Secretary's Use Only) Prepared By: Chief J. Brent Parker Account Code: N/A Date Prepared: July 29, 2014 Budgeted Amount: 0 Exhibits: 5 Subject Consider, and act upon, Resolution No. 2014-34(R) authorizing the City Manager to execute a Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center (E.T.M.C.) and the City of Wylie. Recommendation Motion to approve Resolution No. 2014-34(R) authorizing the City Manager to execute a Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center (E.T.M.C.) and the City of Wylie. Discussion The Supplemental Agreement to Contract for Paramedic Ambulance Services is a contract that works in conjunction with the Contract for Paramedic Ambulance Service between E.T.M.C. and the Southeast Collin County E.M.S. Coalition which consists of the following communities: City of Wylie, City of Lavon, City of Parker, the Town of St. Paul, and Collin County. The Supplemental Agreement to Contract for Paramedic Ambulance Service is a contract solely between E.T.M.C. and the City of Wylie regarding the direct interaction between the two entities in regards to ambulance services. Items directly related to the contract are back-up ambulances and associated equipment and supplies, personnel, dispatching,patient care reporting, testing and other related items. Page 1 of 1 RESOLUTION NO. 2014-34(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A SUPPLEMENTAL AGREEMENT TO CONTRACT FOR PARAMEDIC AMBULANCE SERVICES BETWEEN EAST TEXAS MEDICAL CENTER (E.T.M.C.) AND THE CITY OF WYLIE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center (E.T.M.C.) and the City of Wylie. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014.. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-34(R)—A Supplemental Agreement to Contract for Paramedic Ambulance Service Page 1 of 1 SUPPLEMENTAL AGREEMENT TO CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Supplemental Agreement to Contract for Paramedic Ambulance Services ("Agreement") is entered into by and between the City of Wylie, Texas, a Texas home-rule municipality ("Wylie"), and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not-for-profit corporation ("ETMC EMS"). Wylie and ETMC EMS are sometimes referred to collectively as the "Parties" or individually as a "Party." WHEREAS, in 2014 ETMC EMS and Wylie and a coalition of other governmental bodies known as the Southeast Collin County EMS Coalition ("Coalition") entered into a Contract for Paramedic Ambulance Services (the "Coalition Agreement"), attached hereto as Exhibit "A" and incorporated herein for all purposes, with the Coalition Agreement effective as of October 1, 2014; and WHEREAS, ETMC EMS and Wylie still desire to uphold and abide by the Coalition Agreement; and WHEREAS, ETMC EMS and Wylie wish to supplement the Coalition Agreement by entering into this Agreement that will impose additional conditions, obligations and duties on them. NOW THEREFORE, in consideration of the terms and conditions herein contained, and for other good and valuable consideration, the Parties agree as follows: 1. Uniforms. ETMC EMS employees shall wear Wylie Fire-Rescue ("WFR") uniforms when on duty in Wylie and when responding to calls within or on behalf of Wylie. 2. Regulations. ETMC EMS employees shall report to a WFR company officer for all shifts in which they will be responding to calls within Wylie. ETMC EMS employees shall abide by all WFR station rules while working such shifts and shall abide by all ETMC EMS rules, regulations, policies and management direction, including but not limited to, ETMC EMS's Policies and Procedures Manual. Wylie shall report all violations of any WFR rule or ETMC EMS rules, regulations, policies or management direction by an ETMC EMS employee to a representative of ETMC EMS for appropriate investigation, action and follow-through for the enforcement of said rules, regulations, policies and/or management direction. 3. Independent Contractor. In performing this Agreement, ETMC EMS is acting as an independent contractor with respect to Wylie and neither EMTC EMS nor employees or agents of ETMC EMS shall be considered employees of Wylie. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide services to entities and individuals other than Wylie, and nothing herein shall be construed as limiting ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership, association, joint venture or similar relationship between the Parties, and nothing herein shall authorize Supplemental Contract for Paramedic Ambulance Services Page 1 of 34 either Party to act as an agent for, or bind, the other, except as authorized herein. Each Party shall be liable for its own debts, obligations, acts and omissions, including but not limited to, payment of all required payroll, withholding, social security, workers' compensation and other taxes and benefits. Neither ETMC EMS nor ETMC EMS's employees or agents shall be eligible for any employee benefit plan offered by Wylie. 4. On Scene Response. When ETMC EMS and Wylie personnel are on the scene of a call, ETMC EMS employees shall assume responsibility of all patient care at that scene or as assigned by Incident Command. When on scene, WFR will assume command of any incident within its response area, operating strictly within National Incident Management System (NIMS) protocols. 5. Wylie Dispatch. Wylie shall provide dispatch services for ETMC EMS Unit 990 when such unit is providing emergency medical services to the Coalition under the Coalition Agreement. Wylie shall record all communications relating to such dispatch services and maintain the recordings for at least one (1) year. The recordings shall be made available to ETMC EMS upon request. 6. Accompany ETMC EMS to Hospital. Upon reasonable request by ETMC EMS, WFR personnel who respond to a call shall accompany ETMC EMS personnel when transporting a patient to the hospital in connection with such call. 7. Wylie Ambulance; Back-Up Service. Wylie currently staffs an ambulance with MICU capabilities ("Wylie Ambulance"). When reasonably requested by ETMC EMS, the Wylie Ambulance shall be used to provide back-up ambulance service to the Coalition on behalf of ETMC EMS ("Back-Up Service"). In the event that Back-Up Service is provided under this Paragraph 7, the following terms and conditions shall apply: a. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Wylie Ambulance (as described in this Paragraph 7). The supplies used must be recorded on the patient care report. b. ETMC EMS shall provide the Coalition with another ambulance unit during any time that the Wylie Ambulance is out of service. ETMC EMS will provide such replacement ambulance for a period of up to ten (10) days. After ten (10) days, ETMC EMS will negotiate a mutually acceptable short term lease for such replacement ambulance with lease payments not to exceed ten dollars ($10.00) per day. 8. Testing. WFR may assist ETMC EMS with skills testing and protocol testing of ETMC EMS employees. WFR personnel will be tested regularly by the ETMC EMS Education. Department and WFR Continuing Education. Supplemental Contract for Paramedic Ambulance Services Page 2 of 34 9. Quality Control. Quality Control will be a three step process: a. The initial review of all EMS runs shall be by the WFR's Quality Control Officer and any significant finding will be noted on a separate QI form which will be attached to the patient care report. Any concerns or acknowledgements shall be shared with the WFR EMS Officer when applicable, and especially when issues involve WFR personnel or service delivery concerns that may be questioned locally; b. A secondary review will be by the ETMC EMS Director of Clinical Services; and c. All recommendations for improvement will be forwarded to the Wylie Fire Chief to assure patient confidentiality and to assure that all records are safely secured. The WFR EMS Officer will share information for Quality Assurance purposes when applicable to both agencies. 10. 990 Ambulance Replacement Paramedic. Whenever an ETMC EMS paramedic or EMT assigned to the 990 ambulance is on vacation, out sick, or otherwise unavailable, ETMC EMS shall, at its sole cost and expense, either provide a replacement paramedic or EMT to Wylie or utilize a WFR paramedic or EMT who has documented approval and knowledge of all ETMC EMS protocols, equipment, vehicles and policies and procedures. If the replacement paramedic or EMT is an ETMC EMS employee, he/she will not be required to wear a WFR uniform under Paragraph 1 of this Agreement. If the replacement paramedic or EMT is a WFR employee, then Wylie will invoice ETMC EMS the actual cost of providing the employee. 11. Discretion to Use ETMC EMS Employees. Wylie shall have sole discretion in determining whether to use the contract services of any particular ETMC EMS employee provided to Wylie pursuant to this Agreement. Should Wylie decline the services of a particular ETMC EMS employee, ETMC EMS will immediately provide a qualified replacement of that employee. Wylie will have the sole discretion to assign to ETMC EMS employees duties relevant to EMS issues and co-habitation issues such as shared station duties as long as ETMC EMS employees can maintain a clean professional appearance and maintain a prompt readiness status. 12. Continuing Education. ETMC EMS shall provide regular continuing education to WFR personnel and members of the Coalition and their respective employees and agents, including initial and refresher card courses such as ACLS, PEPP, and ITLS, as necessary and consistent with ETMC EMS policies for its own employees. These continuing education programs shall be held at a location deteliifined by WFR and shall meet or exceed the State of Texas' educational requirements for recertification of paramedic and EMT personnel. ETMC EMS will provide an equitable number of these classes on weeknights or Saturdays to allow attendance by volunteer agencies that neighbor Wylie. 13. Patient Care Reporting. ETMC EMS will accept WFR's electronic patient care form as a replacement for ETMC EMS's written form. WFR will submit these forms electronically Supplemental Contract for Paramedic Ambulance Services Page 3 of 34 or in printed format as preferred by ETMC EMS. When WFR personnel are assigned to ETMC EMS temporarily, they may be allowed to use the standard ETMC EMS written form, and WFR on-duty personnel will enter the data at the station. ETMC EMS medical control will review the reports from this data on an annual basis and discuss findings with the WFR EMS Officer, to identify trends in treatment, paramedic skills, etc. 14. Insurance Requirements. At all times during the term of this Agreement, ETMC EMS shall obtain insurance as listed below and pay all premiums thereon covering risks arising out of the provision of Back-Up Service under Paragraph 7 of this Agreement. All such policies shall name Wylie and its City Council members, officers, agents, representatives and employees as "additional insureds". ETMC EMS shall furnish Wylie with an ACORD Certificate of Insurance and all required endorsement(s) indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier shall give Wylie thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Paragraph 14 shall be deemed to prohibit the use of a program of insurance being "self-insurance" as that term is normally used as being a formally organized system of covering risks or to be a limitation upon the insured as to the deduction it may cause to be provided in connection with any of its respective insurance policies. ETMC EMS shall provide Wylie with evidence that any/all subcontractors performing services under this Agreement have the same types and amounts of coverage as required herein. ETMC EMS's insurance coverage shall meet the following minimum requirements: a. Worker's Compensation. Worker's Compensation Insurance as permitted by the laws of the State of Texas. The Worker's Compensation Insurance shall provide for a waiver of subrogation against Wylie and its members for injuries, including death, property damage or any other loss to the extent the same is covered by the proceeds of insurance. b. Commercial General Liability. Commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence combined single limits (CSL) for all claims resulting from bodily injury (including death) and/or property damage arising out of the operations of the ambulance service authorized hereunder. c. Automobile Liability. The following coverage is required: (i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all automobiles and including all owned, hired, or leased vehicles in an amount equal to or greater than the minimum liability limits required by law. (ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability in an amount equal to the liability limits set forth in Subparagraph b, immediately above. Supplemental Contract for Paramedic Ambulance Services Page 4 of 34 d. Ambulance Liability. A policy covering the liability created by ambulance operation to a limit called for in Subparagraph b hereof. It is further understood that, due to the nature of this risk, it is presently necessary to obtain this coverage through the Assigned Risk Pool and that policy form must be accepted as offered. d. Malpractice. Malpractice insurance in an amount not less than one million ($1,000,000.00) dollars for each claim. f. Excess Liability Insurance Umbrella. Excess liability insurance umbrella policy providing two million dollars ($2,000,000.00) coverage per occurrence and four million dollars ($4,000,000.00) annual aggregate coverage in excess of all other liability policies prescribed herein. g. Submission of Policies. Said insurance policies required hereunder may be submitted to Wylie. Satisfactory evidence that such insurance is at all times in full force and effect shall be furnished to Wylie on ETMC EMS's execution of this Agreement and, thereafter, within seven (7) days of Wylie's written request for the same. h. Effect of Modification, Cancellation or Termination. The material modification, cancellation or termination of any policy of insurance required hereunder shall give Wylie the right to revoke and terminate this Agreement, in addition to any other remedies available to Wylie, unless another insurance policy complying with the provisions of this paragraph shall be provided and be in full force and effect at the time of such material modification, cancellation or termination. i. Occurrence Form Required. All coverage furnished hereunder shall be written on an "occurrence" basis not a "claims made" basis, provided, however, that a combination of "claims made" coverage and "extended reporting endorsement" ("tail coverage") for an indefinite period following expiration of this Agreement shall be considered equivalent to "occurrence" coverage. Furthermore, nothing in this provision shall be construed as prohibiting partial self-funding of defined aspects of coverage, provided self-funding financial arrangements and risk- management aspects are approved by Wylie, which approval shall not be unreasonably withheld. 15. Indemnification. ETMC EMS SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS WYLIE AND ITS OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEY'S FEES AND COSTS OF DEFENSE FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, THE ACTS OF EMTC EMS OR ITS OFFICERS, AGENTS, Supplemental Contract for Paramedic Ambulance Services Page 5 of 34 REPRESENTATIVES OR EMPLOYEES, IN THE EXECUTION OR PERFORMANCE OF OBLIGATIONS PURSUANT TO THIS AGREEMENT AND THE PROVISION OF BACK-UP SERVICE UNDER PARAGRAPH 7 OF THIS AGREEMENT. ETMC EMS AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN, OR ITS OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES', NEGLIGENCE, MALFEASANCE, ACT OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ETMC EMS AND ITS EMPLOYEES AS A RESULT OF THAT EMPLOYEES' EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ETMC EMS, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR,NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT, EMPLOYEE BENEFITS, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. 16. Term. The term of this Agreement shall commence on the effective date of the Coalition. Agreement and shall continue in effect for so long as the Coalition Agreement remains in effect, unless this Agreement is terminated earlier under the provisions of this Agreement. Either party shall have the right to terminate this Agreement at any time and for any reason by providing the other party with one hundred twenty (120) days' written notice prior to such date. 17. Default. If any party fails to perform any of its obligations under this Agreement, such failure shall constitute a default. The nondefaulting party shall give the defaulting party written notice of the default. The defaulting party shall have ten (10) business days after the receipt of such notice in which to cure the default. Failure to cure the default shall constitute a breach of this Agreement. In the event of a breach, the nonbreaching party may immediately terminate this Agreement and may obtain any reasonable remedy provided by law. 18. Miscellaneous Provisions. a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified,postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice Supplemental Contract for Paramedic Ambulance Services Page 6 of 34 given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Wylie: Wylie Fire Department Attn: J. Brent Parker, Fire Chief 2000 Highway 78 North Wylie, Texas 75098 If to ETMC EMS to: East Texas Medical Center EMS Attn: Ronald J. Schwartz, Vice President/COO P.O. Box 387 Tyler, Texas 75710 b) Vendor Disclosure. ETMC EMS acknowledges and agrees that it is aware of the vendor disclosure requirements set forth in Chapter 176 of the Texas Local Government Code, as amended, and will abide by the same. In this connection, ETMC EMS shall provide an executed copy of the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "B" and incorporated herein. for all purposes, when ETMC EMS delivers an executed copy of this Agreement to Wylie. c) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d) Governing Law; Venue. This Agreement shall be governed by the laws of the State of Texas, without regard to Texas' choice of law provisions, and, in the event of litigation with respect to this Agreement or any of its terms, venue shall rest in Collin County, Texas. e) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 0 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Supplemental Contract for Paramedic Ambulance Services Page 7 of 34 h) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. i) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k) Immunity. The Parties acknowledge and agree that, in executing and performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 1) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. m) Attorney's Fees. If either Wylie or ETMC EMS institutes litigation against the other party to secure its rights pursuant to this Agreement, the prevailing party shall be entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in addition to any other relief to which such party may be entitled. n) Controlling Agreement. To the extent that any provision contained herein conflicts with the Coalition Agreement, this Agreement and the Coalition Agreement shall prevail in that order. o) No Waiver. The failure of either party to insist at any time upon the strict observance of performance of any provision of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any right or remedy of such party or be construed as a waiver or relinquishment thereof with respect to subsequent defaults or breaches. Every right and remedy given by this Agreement to the Parties hereto may be exercised from time to time and as often as may be deemed expedient by the appropriate party. Supplemental Contract for Paramedic Ambulance Services Page 8 of 34 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates appearing below; however, this Agreement is to be effective on October 1, 2014. THE CITY OF WYLIE, TEXAS, a Texas home-rule municipality By: Date: Mindy Manson, City Manager ATTEST: Carole Ehrlich, City Secretary EAST TEXAS MEDICAL CENTER d/b/a EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE a Texas not-for-profit corporation By: Date: Ronald J. Schwartz, Vice:President/COO Supplemental Contract for Paramedic Ambulance Services Page 9 of 34 Exhibit "A" CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Contract for Paramedic Ambulance Services (hereinafter referred to as "Contract" or "Agreement") is entered into by and between the Southeast Collin County EMS Coalition, consisting of the following Texas cities: Parker, Wylie, St. Paul, Collin County and Lavon (hereinafter collectively referred to as "Coalition"), and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical. Service, a Texas not-for-profit corporation (hereinafter referred to as "ETMC EMS"). The Coalition and ETMC EMS are sometimes referred to collectively as the "Parties" or individually as a "Party." NOW, THEREFORE, for and in consideration of the premises and agreements herein contained and other good and valuable consideration, including the award of exclusive market rights, the receipt and adequacy of which are hereby forever acknowledged and confessed, the Parties agree as follows. ARTICLE I DEFINITIONS The following definitions shall apply to terms as used throughout this Agreement: Agreement means this Contract. CAD means Computer Assisted Dispatch, including but not limited to, primary dispatch data entry and automated time-stamping, 911 data interface, demand pattern analysis, system status management, automated patient locator aids, reporting and documentation, and automated vehicle tracking. Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the "Contract") is this Contract document labeled Contract for Paramedic Ambulance Services and is an. Agreement between the Coalition and East Texas Medical Center Emergency Medical Service. Contract Service Area means the geographic area encompassing the Regulated Service Area plus unincorporated areas of Collin County and such other entities as may choose to contract with ETMC EMS pursuant to a contract incorporating clinical standards and financial provisions consistent with those contained in this Contract. EMS System means that network of individuals, organizations, facilities and equipment, including but not limited to, ETMC EMS, whose participation is required to generate a clinically appropriate, pre-planned system-wide response to each request for pre-hospital care and/or inter- facility transport, so as to provide each patient the best possible chance of survival without disability and given available financial resources. Supplemental Contract for Paramedic Ambulance Services Page 10 of 34 Extraordinary Adjustment is an adjustment justified on the basis of an unusual increase in the cost of a factor of production when such increase in cost is industry wide and the result of causes beyond ETMC EMS's reasonable control. 1st Response, 1st Responder, 1st Response Organization refers to that service and those units (e.g., fire department 1st responders) which provide initial stabilization and trained assistance on-scene and, when required, en route to medical facilities, as well as certain extrication and rescue services. In accordance with Priority Dispatch Protocols, a 1st Response unit is routinely sent to all presumptively-classified life-threatening emergency calls within the Contract service area. Medical Director means an emergency physician expert in the pre-hospital practice of Emergency Medicine, appointed by ETMC EMS. Member Jurisdiction means the individual Coalition member's corporate limits. MICU means Mobile Intensive Care Unit as defined in 25 TEx. ADMIN. CODE § 157.2(52), as it exists or may be amended. Mutual Aid means the paramedic ambulance service provided within the Contract Service Area by neighboring providers other than ETMC EMS at the request of City of Wylie ("Wylie") Dispatch, pursuant to an agreement governing the exchange of service assistance when requested. Primary Unit(s) means those unit(s) staffed by ETMC EMS personnel. Regulated Service Area means the combined corporate limits of all Member Jurisdictions. Response Area of the Coalition means the corporate limits of the Member Jurisdictions of the Coalition. Coalition (aka Southeast Collin. County EMS Coalition) means an inter-local cooperative group consisting of the participating municipal governments of Lavon, Parker, St. Paul, and Wylie, plus unincorporated areas of Southeast Collin County. Subscription. Ambulance Membership Plan means an optional plan by which citizens in the Member Jurisdictions can contract with ETMC EMS for prepaid, medically necessary, ambulance transport services. System Standard of Care means the combined compilation of all priority-dispatching protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital, and standards for certification of pre-hospital care personnel (i.e. telephone call-takers, ambulance personnel and on-line medical control physicians). Supplemental Contract for Paramedic Ambulance Services Page 11 of 34 ARTICLE II MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS 2.1 FRANCHISE MODEL SYSTEM a. ETMC EMS shall provide services under this Contract through a franchise model system and shall furnish its own vehicles and on-board equipment as provided in this Contract. Except as otherwise set forth herein, ETMC EMS shall serve as the retail provider of 911 ambulance services, routine transport services and related ambulance services, financed primarily or exclusively on a fee-for-service basis with or without subsidy according to the agreement of each Member Jurisdiction and participating jurisdiction. b. ETMC EMS may charge user fees for services rendered under this contract that are consistent with the provisions of this Contract. c. Except for subsidies paid to ETMC EMS under the Subsidy/Price Agreement with each Member Jurisdiction, ETMC EMS shall seek compensation for its services under this Contract solely through the following sources, as applicable: (i) Third-party payers; (ii) Persons or entities who use ambulance services or other persons responsible for such ambulance services; and (iii) Contract purchasers of ambulance services. 2.2 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant to this Contract shall be MICUs and shall be staffed and equipped to render paramedic- level care. 2.3 MEDICAL SUPPLIES. All medical supplies acquired, supplied or reimbursed for the performance of the work that is the subject of this Contract shall be furnished by ETMC EMS at ETMC EMS's own expense, including 1st Responder supplies. 2.4 MEDICAL CONTROL. ETMC EMS shall provide Medical Direction for ETMC EMS personnel and, if so desired, will provide Medical Direction for all members of the Coalition. 2.5 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN. a. Basic Objects of Program. ETMC EMS shall offer for sale to residents of all Member Jurisdictions and participating jurisdictions under this Contract, a subscription ambulance membership plan. Additionally, ETMC EMS may offer discounts for renewal of subscription ambulance membership plans. Supplemental Contract for Paramedic Ambulance Services Page 12 of 34 b. Legal Obligations. The subscription ambulance membership plan offered to residents of the Member Jurisdictions and participating jurisdictions under this Contract shall comply with federal and state law relating to subscription ambulance membership programs. c. Medicaid Recipients. Persons whose medical expenses are covered under Medicaid are not eligible to participate under the subscription ambulance membership plan. e. Additional Benefits. ETMC EMS may, at its option, offer additional benefits to persons who purchase subscription ambulance membership plans under this subsection. e. Periodic Membership Drives. ETMC EMS shall hold an open enrollment period during each calendar year for the subscription ambulance membership program, and residents in the Member Jurisdictions and participating jurisdictions shall be entitled to apply for participation in the subscription ambulance membership program during that period. f. Beneficial Extension of Service. Each person requiring or requesting ambulance service shall receive the quality of care and transportation required under the System Standard of Care, without regard to membership status in the subscription ambulance membership program. g. Financial Assistance for Plan Purchase. A Member Jurisdiction or participating jurisdiction may purchase or may assist its residents in purchasing and paying for subscription ambulance membership plans in accordance with a written agreement between the Member Jurisdiction or participating jurisdiction and ETMC EMS. 2.6 USE OWN EXPERTISE AND JUDGMENT. ETMC EMS is specifically advised to use its own best judgment in deciding upon the methods to be employed to achieve and maintain the levels of performance required hereunder. Such "methods" include compensation programs, shift schedules, personnel policies, supervisory structures, vehicle deployment techniques, and other internal matters which, taken together, comprise ETMC EMS's own strategies and tactics for performing its obligations under this Agreement. 2.7 EXCLUSIVITY. ETMC EMS is awarded exclusive rights and responsibilities for the provision of all emergency and non-emergency ambulance services, originating within. the Member Jurisdictions, regardless of the manner in which the request for service is conveyed. Notwithstanding the foregoing, in the event that the Required MICU (as Supplemental Contract for Paramedic Ambulance Services Page 13 of 34 defined in Section 3.1) is on a transfer or otherwise unavailable, ETMC EMS may use another EMS service provider for non-emergency transfers to and from the Member Jurisdictions. 2.8 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the Medical Director shall establish protocols for selection of the destination hospital, which protocols shall be strictly followed by paramedic personnel and on-line medical control physicians, except when a departure from protocol is justified on the basis of special considerations of patient care or practical barriers to implementation (e.g., blocked roads, hospital divert status, etc.). This Contract is entered into by both parties pursuant to a mutual assumption that transport protocols approved by the Medical Director shall strictly adhere to the following priorities of consideration, and shall recognize these priorities in the sequence presented: a. First Consideration: patient care and safety; b. Second Consideration: patient/family choice; and c. Third Consideration: fairness in distribution of patients among hospitals. In this regard, the following rules shall apply: (i) Non-Emergencies. All "non-emergency patients" (as defined by patient- assessment protocols approved by the Medical Director) shall be transported to the destination selected by the patient, the patient's family or the patient's personal physician, without exception. (ii) Non-Life-Threatening Emergencies. Patients experiencing a "nonlife- threatening emergency" (as defined by patient-assessment protocols approved by the Medical. Director) shall be transported to the facility of choice designated by the patient, the patient's family, or the patient's personal physician, or if no such preference is stated, to the nearest hospital approved by the Medical Director for receipt of patients experiencing non-life-threatening emergencies. (iii) Life-Threatening Emergencies. Patients experiencing life-threatening emergencies (as defined by patient-assessment protocols approved by the Medical Director) shall, in accordance with transport protocols approved by the Medical Director, be delivered to the "nearest appropriate facility", taking into consideration. the patient's condition and location, the patient's medical requirements and the respective capabilities of hospitals within and, for some types of patients, outside the Contract Service Area. Such transport protocols shall not be inconsistent with then-currently-approved trauma system protocols (when available). (iv) Enforcement. Inappropriate and unjustified deviations from these patient- destination protocols by a paramedic without direct authorization by a Base Station Physician or inappropriate and unjustified instructions regarding such deviation by a Base Station Physician shall be subject to reasonable and appropriate sanctions by Supplemental Contract for Paramedic Ambulance Services Page 14 of 34 the Medical Director provided that such sanctions are applied in accordance with due process procedures. ARTICLE III SCOPE AND QUALITY OF SERVICES 3.1 AMBULANCE SERVICES TO COALITION. ETMC EMS shall provide emergency and non-emergency ambulance service to the entire Response Area of the Coalition, and shall provide staff and MICUs as set forth in this Contract, including but not limited to at least one fully staffed MICU dedicated solely for response to the entire Response Area of the Coalition (the "Required MICU"). In the event that no ambulance provided for in this Contract is available for service, or additional ambulances are needed, each member of the Coalition will be required to rely upon mutual aid plans for its municipality. Wylie will maintain response time records and meet the following goals on all Primary Unit transports for which Wylie has primary dispatch responsibility as set forth below: i) Life-Threatening Emergency Calls will have a response time 90% or better of 8 minutes and 59 seconds. ii) Non Life-Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 59 seconds. These commitments shall be calculated on a per-one hundred (100) transport basis for the Primary Unit only, and shall be calculated annually at the end of each year during the term of this Contract. The response time commitments set forth above shall constitute contractually binding performance requirements under this Agreement. In this regard, the protocols set forth in Section 3.2 of the Coalition Agreement shall apply to the reporting requirements of this Agreement. However, for purposes of this Agreement "response time" is defined as: the elapsed time between the moment a request for ambulance service is received by the responding Coalition ambulance, and the time that unit arrives at the confirmed location of an emergency or upon the arrival of ALS 1st Responder personnel. Exemptions. No requests for ambulance service shall be exempt from response time compliance. Response time calculations under this Section 3.1 will be based on percentiles for every one hundred (100) requests for service by priority except as follows: i. Requests not resulting in a patient transport; ii. Requests during a period of unusually severe weather conditions, such that response time compliance is either impossible or could be achieved only at a greater risk to the public than would result from delayed response; Supplemental Contract for Paramedic Ambulance Services Page 15 of 34 iii. Late runs resulting as a consequence of inaccurate or incomplete information obtained by 911 control center personnel during telephone interrogation of a caller, or in conveying such information to the ETMC EMS responding unit, either orally or by way of data transmission;; iv. Requests during a declared disaster, locally or in a neighboring non- participating jurisdiction, in which ETMC EMS is rendering assistance. During such periods, ETMC EMS shall use best efforts to simultaneously maintain coverage within Member Jurisdictions and participating jurisdictions as well as provide disaster assistance; v. In cases where multiple paramedic capable units are dispatched to a single incident, the first-arriving paramedic unit shall "stop the clock", and response times of later arriving units shall be excluded from response time statistics; vi. During periods of unusual system overload, which shall mean that at least three (3) emergency responses are occurring simultaneously within the service area, responses in excess of the second emergency request shall not be included in response time calculations; vii. Requests dispatched to EMS unit when responding from locations outside Wylie; and viii. No other causes of late response (e.g., equipment failure, vehicular accident regardless of origin, or other causes within ETMC EMS's reasonable control) shall serve to justify exemption from response time requirements. 3.2 EMERGENCY MEDICAL DISPATCH: ETMC EMS agrees that all ambulances will be dispatched through the Wylie Communications Center using the nationally recognized emergency dispatch program Medical Priority Dispatch System (MPDS). Wylie agrees to provide real-time access to all emergency medical call-related telephone calls and real-time access to all EMS-related radio traffic and dispatch data. 3.3 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. ETMC EMS shall comply with customer service and accounts receivable management practices as provided in this Contract. 3.4 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the disaster occurs. Immediately upon such notification, ETMC EMS shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster occurred. The disaster-related provisions of this Contract are: Supplemental Contract for Paramedic Ambulance Services Page 16 of 34 a. At the scene of such disasters, ETMC EMS personnel shall perform in accordance with local disaster protocols established by that community. b. When disaster assistance has been terminated, ETMC EMS shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking and other relevant considerations. c. During the course of the disaster, ETMC EMS shall use its best efforts to provide emergency coverage throughout the Contract Service Area and shall suspend non- emergency transport work as necessary, informing persons requesting such non- emergency service of the reason for the temporary suspension. 3.5 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every Member Jurisdiction and participating jurisdiction shall have access to the resources of the EMS System, as dictated by fluctuations in consumer demand for service, weather conditions and disaster events. To ensure such flexibility in responding to shifting needs, ETMC EMS will refrain from contractually committing any of its ambulances to the exclusive benefit of any jurisdiction. 3.6 WYLIE AMBULANCE AND DEPLOYMENT. Wylie currently staffs an ambulance with MICU capabilities ("Wylie Ambulance") and will continue to do so. Such Wylie Ambulance shall be used to provide back-up ambulance service to the Coalition. A separate contract, Supplemental Agreement to Contract for Paramedic Ambulance Services,between Wylie and ETMC shall provide special terms and conditions. Should any other member of the Coalition determine that it will also provide back-up ambulance service, a separate contract between the member and ETMC will also be required. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport, to the Coalition member that provided the transport,but only when Wylie Dispatch calls for back-up in the event ETMC EMS's unit(s) is/are out of service, subject to Section 3.9,below. a. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Wylie Ambulance (as described in 3.6 above). The supplies used must be recorded on the patient care report. b. ETMC EMS shall provide the Coalition with another ambulance unit during any time that the Wylie Ambulance is out of service. ETMC EMS will provide such replacement ambulance for a period of up to ten (10) days. After ten (10) days, ETMC EMS will negotiate a mutually acceptable short term lease for such replacement ambulance with lease payments not to exceed ten dollars ($10.00) per day. c. If the Coalition requests additional resources from ETMC EMS, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC EMS in order to provide sufficient resources for the services described in such contract. If Supplemental Contract for Paramedic Ambulance Services Page 17 of 34 the Parties are unable to reach such a mutual agreement, the current provisions of this Contract shall remain in effect. 3.7 USE OF NON-COALITION OR NON ETMC EMS AMBULANCES. In the event a Coalition member utilizes an ambulance of an entity that is not a Coalition member or an ETMC EMS unit, and a Coalition member-operated ambulance or an ETMC EMS ambulance was available, then such Coalition member shall reimburse ETMC EMS for ETMC EMS's loss of revenue for such trip, excluding transfer. 3.8 CLEAN TICKET PROVISION. ETMC EMS' payment of the One Hundred ($100) Dollar stipend provided for in Section 3.6 is expressly conditioned on the Coalition members fully and accurately completing the trip ticket and related paperwork in accordance with the policies and procedures that ETMC EMS requires of its own personnel in the completion of such trip ticket ("Clean Ticket"). ETMC EMS will provide adequate training/education to personnel filling out trip tickets. 3.10 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards of clinical quality as well as the clinical upgrade schedules to occur on or before listed deadlines throughout the term of this Contract shall constitute contractually binding performance requirements under this Agreement. 3.11 CONTINUING EDUCATION. ETMC EMS shall provide the Coalition members and their 1st Responders with necessary continuing education including two (2) live continuing education programs conducted by the Office of Clinical Services annually. These continuing education programs shall be held within the Contract Service Area and shall meet or exceed the State of Texas' educational requirements for recertification of paramedic and EMT personnel. ETMC EMS' obligation to provide continuing education under this Section 3.10 includes EMT and Paramedic training, which includes trauma, advanced cardiac and pediatric education programs. ARTICLE IV CONSIDERATION Consideration for this Contract is an award of exclusive market rights subject to the terms set forth in this Contract for the term of the Contract. 4.1 AUTHORIZATION OF USER-FEE CHARGES. ETMC EMS shall charge user fees for services originating within each Coalition Member Jurisdiction. Each Coalition member may assist its residents in purchasing and paying for membership rights by incorporating voluntary provisions for billing and payment in conjunction with residential water bills. Supplemental Contract for Paramedic Ambulance Services Page 18 of 34 4.2 USER-FEE AUTHORIZATION. ETMC EMS is hereby authorized to charge user fees for ground ambulance services as follows: The maximum total average of all bills generated for ambulance service originating within the Coalition (exclusive of mileage charges) shall not exceed eight hundred ninety five dollars and thirty-five cents ($895.35) ("Maximum Total Average Bill"). 4.3 ANNUAL INFLATION ADJUSTMENTS. The Coalition shall annually permit adjustment of the ETMC EMS Maximum Total Average Bill (as discussed in this Section 4.3), the first such adjustment being authorized on October 1, 2015. Any increase made to the Maximum Total Average Bill in such adjustment shall not exceed the percentage change in the nationwide Consumer Price Index for All Urban Consumers ("CPI-U") over the most recent twelve (12) month period for which published figures are available. ETMC EMS has the discretion to accept all or a portion of the maximum allowable inflation adjustment and may apply those amounts in the manner determined by ETMC EMS provided that such adjustment does not exceed the maximum allowable adjustment under this Contract. 4.4 ADJUSTMENT FOR EXCESS BILLINGS. In the event ETMC EMS's actual total average bill (exclusive of mileage charges) for services rendered in the Contract Service Area during the preceding contract period is found to be inadvertently in excess of the level permitted by the then-applicable Maximum Total Average, the Coalition shall delay the effective date of the inflation adjustment increase by a number of days sufficient to fully offset the amount of overpayment, as approved by the Coalition. 4.5 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED UPGRADES. ETMC EMS may periodically apply for extraordinary rate adjustments to offset the actual and reasonable marginal costs of implementing and maintaining clinical upgrades required by the Medical Director and approved by the Coalition. Adjustment shall be subject to optional review and confirmation or denial by the Coalition. 4.6 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES. As may be justified by circumstances beyond ETMC EMS's reasonable control (e.g., industry wide insurance cost increases of major magnitude, restoration of OPEC's pricing powers, etc.), ETMC EMS shall be eligible for temporary but renewable (as justified and approved by the Coalition) Extraordinary Adjustments when the Coalition finds that the cause of such extraordinary increase in the cost of one or more factors of production necessary to produce quality pre-hospital care is due to an unusually large, rapid increase in the cost to ETMC EMS of that factor of production, in which this increase is industry- wide, not the result of poor purchasing practices and not the result of increased consumption of the factor of production. Provided, however, all such approvals of Extraordinary Adjustments shall be subject to optional review and confirmation or denial by the Coalition. Supplemental Contract for Paramedic Ambulance Services Page 19 of 34 4.7 ANNUAL SUBSIDY. Beginning October 1, 2014, the Coalition will provide an annual subsidy to ETMC EMS for the provision of EMS services under this Agreement in the amount of two hundred three thousand, three hundred seventy-three dollars and twenty cents ($203,373.20), which will be paid in four (4) quarterly installments of fifty thousand eight hundred forty-three dollars and thirty cents ($50,843.30), with each installment due on October 1, January 1, April 1 and July 1 of each year during the term of this Agreement. This subsidy amount will be adjusted annually on October 1st of each year but each such adjustment shall not exceed the percentage change in the nationwide CPI-U over the most recent twelve (12) month period for which published figures are available. ETMC EMS will provide the Coalition with at least sixty (60) days' notice of any increase in the subsidy due to changes in the CPI-U. The quarterly subsidy installment payment will be remitted to ETMC EMS within fifteen (15) days of the invoice for such payment being sent to the Coalition. In the event the Coalition fails to remit such payment, ETMC EMS shall have the option to terminate this Agreement upon thirty(30) days' notice. The share of the annual subsidy to be paid by each Coalition member shall be as agreed to by the Coalition in Exhibit "A". In the event the Initial. Term (as hereinafter defined) of this Agreement is continued into one or more renewal terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the renewal term(s), if any. If the Parties cannot mutually agree on such subsidy amounts for any renewal term, ETMC EMS may terminate this Agreement upon sixty (60) days' prior written notice, without penalty. The amounts set forth in this Section 4.7 represent the amounts due ETMC EMS, assuming that the membership of the Coalition remains the same as of the effective date of the Contract. EACH COALITION MEMBER WHO WITHDRAWS FROM THE COALITION, CEASES TO PARTICIPATE OR CONTRACTS WITH ANOTHER EMS PROVIDER IS SOLELY RESPONSIBLE FOR MAKING ETMC EMS WHOLE FOR SUCH LOSS OF REVENUE FOR THE DURATION OF THE CONTRACT (WHICH INCLUDES SUBSIDY AND PATIENT TRANSPORT REVENUE RELATED TO SUCH COALITION MEMBER) TO ETMC EMS. Such Coalition member agrees that its termination or withdrawal from the Coalition irreparably harms ETMC EMS and knowingly and specifically agrees that its agreement to make ETMC EMS whole as the result of such termination or withdrawal is an essential provision in this Agreement. The Coalition agrees to the maximum extent permitted by law to hold harmless ETMC EMS from such loss of revenue and loss of subsidy. In the event such Coalition member refuses to reimburse ETMC EMS for such loss of revenue or loss of subsidy, ETMC EMS shall have all rights allowed by law to pursue money damages, including its attorneys' fees in seeking to collect such loss of revenue and subsidy from the Coalition Member. Additionally, the failure to pay such monies to ETMC EMS is a material breach of this Agreement, and notwithstanding any other provisions to the contrary, ETMC EMS may terminate this Agreement because of such breach upon sixty(60) days' prior written notice, without penalty. Supplemental Contract for Paramedic Ambulance Services Page 20 of 34 4.8 ETMC EMS shall have the exclusive right to bill and collect any third-party payer or individual for services rendered by ETMC EMS, and for any transports rendered by the Coalition. 4.9 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are growing rapidly and the need for future EMS services may arise in the future. ETMC EMS will periodically evaluate the services rendered and determine ETMC EMS's capability and performance. As the result of such evaluation, ETMC EMS may consider such information in evaluating the need to dedicate additional units or other alternatives to the Coalition as sound business practices would dictate, and as the Parties mutually agree. 4.10 Within the first six months of the Initial Term of this Contract, ETMC EMS will remount physical unit 990 and provide an ETMC EMS painted ambulance as a replacement during the remounting process. ETMC EMS will also provide two (2) monitor/defibrillators for use on the Wylie units. 4.11 After completion of the Initial Term of this Contract and the granting of the five (5) year renewal term, ETMC EMS will remount units 990 and 991 within the first six months of the five (5) year renewal teliii. ETMC EMS will supply two ETMC EMS painted ambulances as replacements during the remounting process. ARTICLE V INSURANCE AND INDEMNIFICATION 5.1 INSURANCE REQUIREMENTS. At all times during the Initial Term of this Contract and throughout any renewal terms, ETMC EMS shall obtain insurance as listed below and pay all premiums thereon for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition, its individual members and the Medical Director as "additional insured". ETMC EMS shall furnish the Coalition with an ACORD Certificate of Insurance and all required endorsement(s) indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier will endeavor to give the Coalition thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to prohibit the use of a program of insurance being "self-insurance" as that term is normally used as being a formally organized system of covering risks or to be a limitation upon the insured as to the deduction it may cause to be provided in connection with any of its respective insurance policies. ETMC EMS shall provide the Coalition with evidence that any/all Supplemental Contract for Paramedic Ambulance Services Page 21 of 34 subcontractors performing services under this Agreement have the same types and amounts of coverage as required herein. ETMC EMS's insurance coverage shall meet the following minimum requirements: a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. The Worker's Compensation Insurance shall provide for a waiver of subrogation against the Coalition and its members for injuries, including death, property damage or any other loss to the extent the same is covered by the proceeds of insurance. b. COMMERCIAL GENERAL LIABILLITY. Commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence combined single limits (CSL) for all claims resulting from bodily injury (including death) and/or property damage arising out of the operations of the ambulance service authorized hereunder. c. AUTOMOBILE LIABILITY. The following coverage is required: (i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all automobiles and including all owned, hired, or leased vehicles in an amount equal to or greater than the minimum liability limits required by law. (ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability in an amount equal to the liability limits set forth in Subsection b, immediately above. d. AMBULANCE LIABILITY. A policy covering the liability created by ambulance operation to a limit called for in Subsection b hereof. It is further understood that, due to the nature of this risk, it is presently necessary to obtain this coverage through the Assigned Risk Pool and that policy form must be accepted as offered. f MALPRACTICE. Malpractice insurance in an amount not less than one million ($1,000,000.00) dollars for each claim. f EXCESS LIABI.LITY INSURANCE UMBRELLA. Excess liability insurance umbrella policy providing two million dollars ($2,000,000.00) coverage per occurrence and four million dollars ($4,000,000.00) annual aggregate coverage in excess of all other liability policies prescribed herein. g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may be submitted to the Coalition. Satisfactory evidence that such insurance is at all times in full force and effect shall be furnished to the Coalition on ETMC EMS's execution of this Contract and, thereafter, within seven (7) days of the Coalition's written request for the same. Supplemental Contract for Paramedic Ambulance Services Page 22 of 34 h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or other termination of any policy of insurance required hereunder shall give the Coalition the right to revoke and terminate this Contract, in addition to any other remedies available to the Coalition, unless another insurance policy complying with the provisions of this section shall be provided and be in full force and effect at the time of such cancellation or other termination. i. OCCURRENCE FORM REQUIRED. All coverage furnished hereunder shall be written on an "occurrence" basis not a "claims made" basis, provided, however, that a combination of "claims made" coverage and "extended reporting endorsement" ("tail coverage") for an indefinite period following expiration of this Contract shall be considered equivalent to "occurrence" coverage. Furthermore, nothing in this provision shall be construed as prohibiting partial self-funding of defined aspects of coverage, provided self-funding financial arrangements and risk-management aspects are approved by the Coalition, which approval shall not be unreasonably withheld. 5.2 INDEMNIFICATION. ETMC EMS COVENANTS AND AGREES THAT IT WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COALITION, EACH MEMBER JURISDICTION AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST ANY CLAIM, LOSS, DAMAGE, COST, CHARGE OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING OUT OF ANY ACT, ACTION, NEGLECT OR OMISSION BY ETMC EMS, ITS OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT, EXCEPT THAT NEITHER ETMC EMS, EAST TEXAS MEDICAL CENTER REGIONAL HEALTHCARE SYSTEM, NOR ANY OF THEIR RESPECTIVE SUBCONTRACTORS OR ASSIGNEES, WILL BE LIABLE UNDER THIS SECTION FOR DAMAGES ARISING OUT OF INJURY OR DAMAGE TO PERSONS OR PROPERTY DIRECTLY CAUSED OR RESULTING FROM THE NEGLIGENCE OF THE COALITION, OR ANY MEMBER JURISDICTION OR ANY OF THEIR OFFICERS,AGENTS, REPRESENTATIVES OR EMPLOYEES. ARTICLE VI MAJOR DEFAULT & REPLACEMENT PROVISIONS 6.1 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a major default by ETMC EMS shall include but not be limited to the following: a. Supplying to the Coalition during the contracting process, false information or information so incomplete as to effectively mislead; b. Willful falsification of data supplied to the Coalition or to the Medical Director during the course of operations, including by way of example but not by way of Supplemental Contract for Paramedic Ambulance Services Page 23 of 34 exclusion, patient report data, response data, financial data, or willful or deliberate omission of any other data required under this Contract; c. Deliberate and unauthorized scaling down of operations to the detriment of performance during a "lame duck" period; d. Failure to maintain equipment in accordance with generally accepted maintenance practices; e. Willful attempts by ETMC EMS to intimidate or otherwise punish non- management employees who desire to interview with or to sign contingent employment agreements with successful bidders following a subsequent bid cycle; g. Chronic and persistent failure of ETMC EMS's employees to conduct themselves in a professional and courteous manner and to present a professional appearance; h. Failure by ETMC EMS to cooperate with and assist the Coalition in its transfer of ETMC EMS's operations after a major default has been declared by the Coalition, as provided for in Section 6.2, even if it is later determined that such default never occurred or that the cause of such default was beyond ETMC EMS's reasonable control; i. Failure to substantially and consistently meet or exceed the various clinical and response standards required hereunder; j. Intentional over billing; and/or k. Failure to fully comply with applicable federal, state and local laws, rules and regulations. 6.2 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the event the Coalition determines that a major default has occurred, and if the nature of the default is, in the opinion of the Coalition, such that public health and safety are endangered, ETMC EMS shall be given written notice specifying the particular complaint(s) and identifying them as appropriate by date, place, etc. with a reasonable opportunity (defined as seventy-two (72) hours for a deficiency dangerous to public health and safety and thirty (30) days for any other deficiency) to correct said deficiency. In the event ETMC EMS fails to correct said deficiency within the time as set forth above, ETMC EMS may thereafter be found to be in default (as set forth in Section 6.3). In such event, the Coalition may immediately terminate this Contract in full, without any recourse, damages or rights of recovery to ETMC EMS, and/or may take any other legal action to protect and enforce the Coalition's rights, and ETMC EMS shall cooperate with the Coalition to affect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalition's responsibilities as set forth in Section 6.3. Supplemental Contract for Paramedic Ambulance Services Page 24 of 34 6.3 MAJOR DEFAULT. In the event of a major default and the failure to cure the same as set forth in Section 6.2, ETMC EMS shall transfer its responsibilities within seventy-two (72) hours thereafter upon such finding of a major default by the Coalition„ in addition to any other remedies available to the Coalition. Notwithstanding the foregoing, ETMC EMS does not waive its rights to challenge such declaration and may dispute such issue in a court of law and, if successful, recover all its damages as allowed by law. 6.4 MAJOR DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the Coalition declares ETMC EMS to be in major default on grounds other than a performance deficiency dangerous to public health and safety, ETMC EMS may dispute and legally resolve the Coalition's claim of major default prior to transfer of ETMC EMS's operations by the Coalition. 6.5 "LAME DUCK" PROVISIONS. Should ETMC EMS fail to prevail in a future procurement cycle, the Coalition shall obviously depend upon ETMC EMS to continue provision of all services required under this Contract until the new contractor assumes service responsibilities. Under these circumstances, ETMC EMS would, for a period not to exceed six months, serve as a "lame duck" contractor. To ensure continued performance fully consistent with the requirements of this Contract throughout any such "lame duck" period, the following "lame duck" provisions shall apply: a. Throughout such "lame duck" period, ETMC EMS shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent contract to another firm; b. ETMC EMS shall make no changes in methods of operation that could reasonably be considered to be aimed at cutting ETMC EMS's service and operating costs to maximize profits during the final stages of this Contract; and, c. The Coalition recognizes that, if another firm prevails in a future procurement cycle, ETMC EMS may reasonably begin to prepare for transition of service to the new contractor during the "lame duck" period, and the Coalition shall not unreasonably withhold its approval of ETMC EMS's requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair ETMC EMS's perfoinlance during the "lame duck" period and so long as such transition activities are prior-approved by the Coalition. 6.6 PERFORMANCE BOND. To provide protection to the Coalition, ETMC EMS shall furnish a performance bond in the amount of one million dollars ($1,000,000.00). 6.7 OTHER DEFAULT. In the event the Coalition determines that a default other than a major default as defined in Section 6.1 has occurred, ETMC EMS shall be given written notice of such other default and shall have thirty (30) days to correct such other default. In the event ETMC EMS fails to cure such other default within thirty (30) days, ETMC EMS may thereafter be found to be in default. In such event, the Coalition may Supplemental Contract for Paramedic Ambulance Services Page 25 of 34 immediately terminate this Contract in full, without any recourse, damages or rights of recovery to ETMC EMS, and/or may take any other legal action to protect and enforce the Coalition's rights, and ETMC EMS shall cooperate with the Coalition to affect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalition's responsibilities in accordance with Section 6.3. ARTICLE VII TERM AND RENEWAL 7.1 TERM OF AGREEMENT. This Contract shall be for a period of five (5) years beginning October 1, 2014 ("Initial Term"). 7.2 RENEWAL TERM. This Contract will automatically be renewed for one (1) additional five (5) year extension period; however, either party shall have the right to terminate this Contract at the end of the "Initial Term" or any "Renewal Term" by providing the other party with one hundred twenty (120) days' written notice prior to such date. ARTICLE VIII GENERAL PROVISIONS 8.1 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by ETMC EMS in the performance of work under this Contract shall be competent and holders of appropriate permits in their respective trades or professions. The Coalition may demand the removal of any person employed by ETMC EMS who engages in chronic misconduct or is chronically incompetent or negligent in the due and proper performance of his duties, and such person shall not be reassigned by ETMC EMS for provision of services under this Contract without the written consent of the Coalition, provided, however, that the Coalition shall not be arbitrary or capricious in exercising its rights under this provision, and shall be required to document in writing the specific reasons for exercising rights relative to any given employee, and shall also give that employee an opportunity to defend himself in the presence of ETMC EMS's chief executive officer and Medical Director and the Coalition prior to removal. 8.2 PERMITS & LICENSES. ETMC EMS shall be responsible for obtaining all necessary permits and licenses required for initiation and completion of its work under this Contract. 8.3 VENDOR DISCLOSURE. ETMC EMS acknowledges and agrees that it is aware of the vendor disclosure requirements set forth in Chapter 176 of the Texas Local Government Code, as amended, and will abide by the same. In this connection, ETMC EMS shall provide an executed copy of the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "B" and incorporated herein for all purposes, when ETMC EMS delivers an executed copy of this Agreement to the Coalition. Supplemental Contract for Paramedic Ambulance Services Page 26 of 34 8.4 ASSIGNMENT. This Agreement shall not be assigned or transferred without the prior written consent of the Coalition. Such written consent shall not be unreasonably withheld. 8.5 RIGHTS AND REMEDIES NOT WAIVED. ETMC EMS agrees that the work specified in this Contract shall be completed without further consideration of the market rights provided for herein and that the acceptance of work and the payment of user fees and subsidy amounts (if any) shall not be held to prevent maintenance of an action for failure to perform such work in accordance with this Agreement. In no event shall payment by a Member Jurisdiction (if any such payments are made) hereunder constitute or be construed to be a waiver by the Coalition of any default or covenant or any default which may then exist on the part of ETMC EMS, and the making of such payment while any such default exists shall in no way impair or prejudice any right or remedy available to the Coalition with respect to such default. 8.6 ATTORNEY FEES. If either the Coalition or ETMC EMS institutes litigation against the other party to secure its rights pursuant to this Contract, the prevailing party shall be entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in addition to any other relief to which such party may be entitled. 8.7 NON-DISCRIMINATION. ETMC EMS agrees as follows: a. ETMC EMS will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, disability, sex or age. ETMC EMS will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, disability, sex or age. Such action shall include, but not be limited to the following: (i) employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. ETMC EMS agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. ETMC EMS will, in all solicitations or advertisements for employees placed by or on behalf of ETMC EMS, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, disability, sex or age. 8.8 COMPLIANCE WITH LAWS. The services furnished by ETMC EMS under this Contract shall be rendered in full compliance with applicable federal, state and local laws, rules and regulations. It shall be ETMC EMS's responsibility to determine which laws, rules and regulations apply to the services rendered under this Contract and to maintain compliance with those applicable standards at all times. Supplemental Contract for Paramedic Ambulance Services Page 27 of 34 8.9 SEVERABILITY. In the event any provision hereunder is determined to be illegal, invalid or unenforceable under applicable law, said provision shall be deemed deleted from this Agreement as if never contained herein and the remainder of this Agreement shall remain enforceable. 8.10 HEADINGS. The Paragraph headings, articles, sections and captions contained in this Contract are solely for the convenience of the Parties and shall in no manner be construed as part of this Agreement. 8.11 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Texas, without regard to Texas' choice of law provisions, and, in the event of litigation with respect to this Agreement or any of its terms, venue shall rest in Collin County, Texas. 8.12 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, whether oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding unless in writing signed by all Parties. 8.13 AMENDMENT. This Agreement may be amended in writing upon the agreement of both Parties so as to conform to the law or any changes in the law and/or regulations applicable to the terms of this Agreement. If the Coalition refuses to amend the Agreement in accordance with this Section, such action shall be considered a breach of this Agreement and the Agreement may be teiniinated by ETMC EMS. 8.14 NO WAIVER. The failure of either party to insist at any time upon the strict observance of performance of any provision of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any right or remedy of such party or be construed as a waiver or relinquishment thereof with respect to subsequent defaults or breaches. Every right and remedy given by this Agreement to the Parties hereto may be exercised from time to time and as often as may be deemed expedient by the appropriate party. 8.15 NOTICE. All notices hereunder by either Party to the other shall be in writing, delivered personally, by certified or registered mail (postage prepaid), return receipt requested or by overnight courier services (charges prepaid) and shall be deemed to have been duly given when delivered personally, when deposited in the United States mail or delivered to the overnight courier, addressed as follows: Supplemental Contract for Paramedic Ambulance Services Page 28 of 34 If to ETMC EMS: Ronald J. Schwartz, Vice President/COO East Texas Medical Center Emergency Medical. Service P.O. Box 387 Tyler, Texas 75710 If to Coalition: Southeast Collin County EMS Coalition 2000 N. Hwy 78 Wylie, Texas 75098 Attention: Fire Chief or to such other persons or places as either Party may, from time to time, designate by written notice to the other. 8.16 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC EMS is acting as an independent contractor with respect to the Coalition and neither ETMC EMS nor any ETMC EMS employees or agents shall be considered employees of the Coalition. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide EMS services to entities and individuals other than the Coalition, and nothing in this Agreement shall be interpreted as limiting or restricting in any way ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the Parties hereto, and nothing herein shall authorize either Party to act as agent for, or bind, the other, except to the extent herein provided. Each Party shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security, workers' compensation and other taxes and benefits. Neither ETMC EMS nor ETMC EMS's employees or agents shall be subject to any Coalition policies solely applicable to the Coalition's employees or be eligible for any employee benefit plan offered by the Coalition. 8.17 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any delay or failure in perfoiltlance under this Agreement or other interruption of service deemed to result, directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, strikes or other work interruptions by either Party's employees, or any other similar cause beyond the reasonable control of either Party. 8.16 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC EMS shall, in accordance with 42 U.S.C., §1395x (v)(I)(I) (Social. Security Act §1861 (v)(I)(I) and 42 C.F.R., Part 420, Subpart D, §420.300, et seq., until the expiration of four (4) years after the furnishing of Medicare reimbursable services pursuant to this Contract, upon proper written request, allow the Comptroller General of the United States, the Supplemental Contract for Paramedic Ambulance Services Page 29 of 34 Department of Health and Human Services and their duly authorized representatives access to this Agreement and to ETMC EMS's books, documents and records (as such terms are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of costs of Medicare reimbursable services provided under this Contract. In accordance with such laws and regulations, if Medicare or Medicaid reimbursable services provided by ETMC EMS under this Contract are carried out by the means of a subcontract with an organization related to ETMC EMS, and such related organization provides the services at a value or cost of ten thousand dollars and no cents ($10,000.00) or more over a twelve (12) month period, then the subcontract between ETMC EMS and the related organization shall contain a clause comparable to the clause specified in the preceding sentence. No attorney-client, accountant-client or other legal privilege shall be deemed to have been waived by ETMC EMS or the Coalition by virtue of this Contract. 8.19 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Contract may not be amended or modified except by mutual written agreement. 8.20 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer the Affordable Care Act, Medicare, any other payer or any other federal, state or local government or agency passes, issues or promulgates any law, rules, regulation, standard or interpretation, or any court of competent jurisdiction renders any decision or issues any order, at any time while this Agreement is in effect, which prohibits, restricts, limits or in any way substantially changes the method or amount of reimbursement or payment for services rendered under this Agreement, or which otherwise significantly affects either Party's rights or obligations hereunder, either Partly may give the other notice of intent to amend this Agreement to the satisfaction of both Parties, to compensate for such prohibition, restriction, limitation or change. If this Agreement is not so amended in writing within ten (10) days after said notice was given, this Agreement shall terminate as of midnight on the tenth (10th) day after said notice was given. 8.21 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be herein specifically provided to the contrary, whenever this Agreement requires any consent or approval to be given by either Party, or either Party must or may exercise discretion, the Parties agree that such consent or approval shall not be unreasonably withheld or delayed, and such discretion shall be reasonably exercised in good faith. 8.22 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of third parties or enforceable by any third party. Except as provided above, any agreement to pay an amount and any assumption of a liability herein contained, expressed or implied, shall only be for the benefit of the Parties hereto and such agreement or assumption shall not inure to the benefit of any third party, including an oblige. Supplemental Contract for Paramedic Ambulance Services Page 30 of 34 8.23 PARAMEDIC SKILL LEVELS. Effective October 1, 2014, ETMC EMS Paramedic skill levels/certifications will be as follows: a. Texas State EMT-P Certification; b. International Trauma Life Support or equivalent; c. Advanced Cardiac Life Support; and d. Advanced-Pediatric Emergency Care or equivalent. 8.24 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is effective on the last date of execution indicated below. 8.25 IMMUNITY. The Parties acknowledge and agree that, in executing and performing this Agreement, the Coalition and the Member Jurisdictions have not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it/them against claims arising in the exercise of governmental powers and functions. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Supplemental Contract for Paramedic Ambulance Services Page 31 of 34 City of Lavon, Texas East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service Mayor Date Printed Name: Ronald J. Schwartz, V/P Date City of Parker, Texas Collin County, Texas Mayor Date Keith Self Date Printed Name: County Judge Town of St. Paul, Texas City of Wylie, Texas Mayor Date Mindy Manson, City Manager Date Printed Name: Attest: Carole Ehrlich, Wylie City Secretary Supplemental Contract for Paramedic Ambulance Services Page 32 of 34 EXHIBIT "A" o1itI a t, Collit CowittitENIS Coalition Populat0on i City lnnerprlca 8 ' Rural'" Total j Lavor 308, 0 0 1 -lie 3839 2532 41029 j Parker 35 45 3573 j t.Paul 92 0 1 j Subsidy 1 City ; Population ;PZr rtt. Subsidy Allocation j 'Lavon 3,0'.,• 7% $ 13,365.35 j Wyllie _...... .. 38,39 .... 82% $relleilillirrItT 1 �r�,Parker ............................... 3,528 8% $ 15,290.70 t.Paul 92 2% ,,d . I olhn Count. 988' 2% $ 4,282.09' G i 1 Annual Monthly on tnalSuE3svd $ 287 373 2,i $ 15 614 ,.�`, " " t w�x r;�rw«, f, ^ � � � � �" mm�. wawa � ': � � mow^ �'a _.,_. , .err,,,, IETMC _ — 3/1 , 1 � 1jp 7 >j Y Ko Y 'j r, >r�fl t r qr t 1 ' V` 1 ' East TexosfrfourCd Center? P 1 a.r '�;��:,� �s�,.M.�.._ _ 1! 'fY�g'tw£3kC"6i� 44148'f rrrry� c�, �swat �,vs.?,vC. Supplemental Agreement to Contract for Paramedic Services Page 33 of 34 Exhibit"B" Conflict of Interest Questionnaire, Form CIQ CO IFI...1CT OF TEREST QUESTIONNAIRE FOR Cu, For vendor or other person doing business with local governmental entity This auestiannaire reflects changes made to the law by H.R.. 1491„.Nth Leg., Regular Session. OFFICE USESi LY This questionnaire is being filed in accordance ath Chapter 176,Local Government Code Date Re..,A4vel by a person who has a business relationship as defined by Section 176.38111-M with a local governments entity and the person meets requirements under Section 176.006(4 By law this questionnaire must be Sled wth the records,adminStatar of the locad governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.005,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 11 Name of person who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally ffed questionnaire becomes inmmplete of inacc ur ate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section itern 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 178.001 1-0,Local Government Code. Attach additional pages to this Form cio as necessary. A. Is the local government officer named in this section receiving or likely ho reoehee taxatde income,other than investment income, from the filer of the questionnaire? Yes No B. la the filer of the questionnaAre receiving or likely to rece4ve taxable income,other than investment income from or al the direction of the local government officer named in this sect on AND the taxable income is not received from the local governmental entity? Yes No O. la the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer senses as an officer orbirector. or holds an ownership of 10 percent or more? 'Yes No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person bong bueness wth the !cc en-menial entity Date Adopted 1:16,222013.7 Supplemental Agreement to Contract for Paramedic Services Page 34 of 34 OF Wit, r Wylie City Council � r . ,..ftz; AGENDA REPORT ,,;Ist Meeting Date: September 9, 2014 Item Number: N Department: Fire (City Secretary's Use Only) Prepared By: J. Brent Parker Account Code: Revenue/ 100-4000-43530 Date Prepared: August 7, 2014 Budgeted Amount: Estimated/$5,000.00 Exhibits: 3 Subject Consider, and act upon, Resolution No. 2014-35(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Rockwall County for Fire Protection Services. Recommendation Motion to approve Resolution No. 2014-35(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and the Rockwall County for Fire Protection Services. Discussion The City of Wylie/Wylie Fire Rescue has provided fire protection services to a small portion of Rockwall County since 1993. The contract has not been updated since 1994. The new contract does not differ greatly from the original contract, but it has been updated to meet today's standards. This contract is a one year agreement which will automatically renew for five successive one year terms. The number of runs made by Wylie Fire Rescue to this area varies each year; however, the average number of runs to the area is estimated at ten per year. Rockwall County pays $500.00 per run, which is in-line with the amount Collin County pays per run. Page 1 of 1 RESOLUTION NO. 2014-35(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN ROCKWALL COUNTY AND THE CITY OF WYLIE FOR FIRE PROTECTION SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between ROCKWALL COUNTY and the City of WYLIE, Texas for Fire Protection Services. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-35(R)—Interlocal Agreement for Fire Protection Services between the City of Wylie and the Rockwall County Page 1 of 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE COUNTY OF ROCK WALL FOR FIRE PROTECTION SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the day of , 2014 ("Effective Date"), by and between the City of Wylie, Collin County, Texas ("Wylie"), a Texas home-rule municipality, and the County of Rockwall, Texas ("County"), a Texas political subdivision. WHEREAS, the City of Wylie Fire-Rescue ("Wylie") currently provides fire protection service within the corporate limits of County pursuant to a previous agreement between the parties dated October 12. 1993; and WHEREAS, County has expressed its desire for Wylie to continue providing such fire protection service to County and its citizens; and WHEREAS, Wylie and County mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and County do hereby agree to the following: 1. TERM The term of this Agreement shall be one (1) year from the Effective Date (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year terms (the "Renewal Terms") unless terminated by either party in accordance with Section V., Termination, below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour fire protection service outside the corporate limits of Wylie for the benefit of County (-Fire Protection Services"), in that portion of Rockwall County, generally described as follows: An area in the Northwest corner of Rockwall County, bounded by Lake Ray Hubbard on the East, the Rockwall/Dallas County line on the West, Liberty Grove Road and the Rockwall/Dallas County line on the South, and by the Rockwall/Collin County line on the North. and more particularly described in Exhibit "A," attached hereto and incorporated herein for all purposes ("Service Area"), Wylie shall provide Fire Protection Services including, but not limited to, grass fires, structure fires, motor vehicle accidents, false alarms, and first response emergency medical and rescue services, Wylie agrees that the fire protection service provided to County by the Wylie will meet or exceed all equipment and service standards established by the ILA Wylie and Rockwall County (Fire Protection Services) Page 1 612290 2 Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. IlL PERFORMANCE OF SERVICES It is expressly agreed and understood by the parties hereto that the availability of personnel and equipment for fire protection service, as well as the number of personnel and the amount of equipment to be sent, if any, in the event of the need for fire protection service by County, shall be left to the discretion of the Wylie. Fire protection service by Wylie shall not be arbitrarily withheld, but it is understood by the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie from providing service at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen irregular circumstances arising, if such should arise. Wylie agrees that it will not unreasonably withhold tire protection service, personnel, or equipment for the exclusive use of any person, group or city, and further agrees that if it is unable to provide fire protection service to County at any particular time, Wylie will use its best efforts to contact and secure fire protection service for County from an alternate or auxiliary fire protection service provider. Pursuant to this Agreement, Wylie may charge fees to any citizen of County using such fire protection services as may be provided for by Wylie ordinance. Wylie agrees that it will provide County with copies of TXFIR reports on all fires within County on a quarterly basis or as requested within reason by County. County shall be solely responsible for providing the Wylie with a current County map (the "County Map"), and updating the County Map as necessary to reflect new residents or the addition of new territory into County. IV. CO PENSATION Until such time as this Agreement is terminated or modified by the parties in accordance with Paragraphs 12 or 13 below, County agrees to pay Wylie five hundred dollars ($500.00) for each dispatch of City fire equipment to any location in the Service Area for Fire Protection Services. County shall pay for Fire Protection Services out of currently available funds. Personnel response costs may adjust annually as Wylie's operating budget increases or decreases. Therefore, these personnel response fees may be adjusted annually and this Agreement shall be amended to reflect the adjustment in compensation due for Fire Protection Services. ILA Wylie and Rockwall County (Fire Protection Services) Page 2 612290 V. TERMINATION Either party may terminate this Agreement at the end of the Initial Term or any of the Renewal Terms by giving the other party one-hundred twenty (120) days prior written notice of termination. In the event of such termination by either party, Wylie shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VI. IMMUNITY/INDEMNITY It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor County waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. It is understood and agreed by the parties hereto that if, for reasons stated in Section III above, Wylie does not furnish personnel and/or equipment for fire protection service outside of its corporate limits, although notified of the need for such service, that Wylie shall not be liable in damages or otherwise for the failure to furnish same provided Wylie used its best efforts to contact and secure fire protection service for County from an alternate or auxiliary fire protection service provider, and County enters into this Agreement with this understanding. County agrees that the acts of any person or persons dispatched by Wylie in response to a fire protection call, traveling to or from said calls, or in any manner furnishing fire protection service to County, outside the city limits of Wylie, shall be considered as the acts of agents of County in all respects, notwithstanding such person or persons may be regular employees, firemen or independent contractors of Wylie. COUNTY SHALL DEFEND, EXEMPT, INDEMNIFY AND HOLD HARMLESS WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACTS AND/OR OMISSIONS OF COUNTY, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ILA Wylie and Rockwall County(Fire Protection Services) Page 3 612290.2 VII. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and County and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and County. VIII. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. IX. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. ADDITIONAL AGREEMENTS Wylie is not prohibited by this Agreement from entering into similar agreements with other governmental entities or political subdivisions. XI. AMENDMENTS/MODIFICATIONS This Agreement may be amended or modified by the mutual agreement of both parties in writing, to be attached to and incorporated herein as a part of this Agreement. XII. EXECUTION This Agreement may be executed in multiple originals. ILA Wylie and Rockwall County(Fire Protection Services) Page 4 61229(1:2 City of Wylie, Texas, a Texas home-rule municipality Mindy Manson, City Manager Date County of Rockwall, Texas a Texas political subdivision P int a e: Hs Date Tit C�_ STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2014. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF ROCKWALL § BEFORE ME, the undersigned authority, on this day personally appeared (k_ 1-1 H yci , known to me to be one of the persons whose names are subscribed (o the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for ROCKWALL COUNTY, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVE Y HAND AN ' F OFFICE this aL day of -- -.7 2014. % GNP__ g Oi<P a k c'aR ? Notary Public in and for the State o Texas * *:�� : s p q - I! / , My Commission Expires: •' f ILA Wylie'xpd �o1 iillunt +''Fire Protection Services) Page 5 Exhibit "A" (Map) ILA Wylie and Rockwall wall County (Fire Protection Services) Page 6 '12290.2 Exhibit i. I I is Of G,� , 3 s ' I f 0 r fi 000 4' pot 4 °� is ° , c 41. 4 11 ip rt.a,r 3 t <, GCS N w E o 0.1 0.2 0.4 0.6 0.8 Legend ��! Miles S „t ,, Wylie Fire Response District OF Wi,8 , , il Wylie City Council � .� R�Ms; AGENDA REPORT ,,�,..$ Meeting Date: September 9, 2014 Item Number: 0 Department: Facilities (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-5132-52210 Date Prepared: September 2, 2014 Budgeted Amount: $247,408.00 Exhibits: Evaluation.Matrix Subject Consider and act upon the award of bid # W2014-78-A for Janitorial Services; to All Janitorial Professional Services, Inc. in an estimated annual amount of$137,000.00, and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion authorizing the award of bid # W2014-78-A for Janitorial Services; to All Janitorial Professional Services, Inc. in an estimated annual amount of$137,000.00, and authorizing the City Manager to execute any and all necessary documents. Discussion The City received 13 bids in total, 9 of which were responsive to the bid specifications. Bids were reviewed and evaluated in the areas of experience, work history of contract similar in size and scope, personnel policies, available services, products and equipment to be utilized, and pricing. Vendors with a minimum score of 3 (meets needs) were considered in the final review. It is the determination of the evaluation team that the bid submitted by All Janitorial Professional Services Inc. provided the best overall value for the City. Staff recommends the award of# W2014-78-A for Janitorial Services; to All Janitorial Professional Services, Inc. in an estimated annual amount of$137,000.00. The award of this bid will establish an initial one (1) year term with three (3) additional one (1) year renewals; to be exercised at the City's option. Page 1 of 1 EVALUATION W2014-78-A 'y =` JANITORIAL SERVICES Company Name Evaluation Total Cost All Janitorial Professional Services Inc. 3.553 136,089 American Facility Services 3.510 160,800 Global Building Maintenance Inc. 3.363 148,260 Oriental Building Services 3.297 152,198 UBM Enterprise, Inc. 3.235 141,000 Service Master/Eagle Maintenance Co. 3.091 222,390 Glenna Hayes C.P.M.,A.P.P. Date Purchasing Agent G `t OFWke. . rt Wylie City Council AGENDA REPORT pNt 8 7fibgY Meeting Date: September 9, 2014 Item Number: P (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: August 25, 2014 Budgeted Amount: Exhibits: Ordinance Subject Consider and act upon approval of Ordinance No. 2014-27 amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Recommendation Motion to approve Ordinance No. 2014-27 amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Discussion On.August 27, 2013 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the water and sewer capital improvements plan(CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and the expansion of the Public Works Service Center. The attached ordinance incorporates financing scenario 2 (spread increases over several years) into the water and sewer rates for FY 2015. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2014-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING SUBSECTION B (WATER RATES) AND SUBSECTION C (SEWAGE COLLECTION AND TREATMENT RATES) OF SECTION 1 (WATER AND SEWER FEES) OF THE WYLIE COMPREHENSIVE FEE SCHEDULE; 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 OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2009-12 establishing a comprehensive fee schedule ("Comprehensive Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the Comprehensive Fee Ordinance includes fees for water and sewer; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. 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 Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Amendment to the Wylie Comprehensive Fee Schedule Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule are hereby amended as identified in Exhibit "A", attached hereto and incorporated herein for all purposes. SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with. this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a Ordinance No.2014-27 Amendment to the Wylie Comprehensive Fee Schedule Page 1 597838.1 prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage 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 9th day of September, 2014. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—September 17,2014 Ordinance No.2014-27 Amendment to the Wylie Comprehensive Fee Schedule Page 2 597838.1 Exhibit "A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $11.32 (b) Volume c harge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons: $3.81 Over 10,000 gallons: $4.95 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $15.46 (b) Volume charge for all consumption exceeding 1,000 gallons: $4.33 (3) The following water rates shall apply to all domestic apartments, mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water $15.46 (b) Volume charge for all consumption exceeding 1,000 gallons $4.33 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water: (1) Residential irrigation $11.32 Ordinance No.2014-27 Amendment to the Wylie Comprehensive Fee Schedule Page 3 597838.1 (2) Commercial & Multifamily $15.46 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation $5.47 (2) Commercial irrigation $5.47 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty-five (25) gallon increments at the same rates as the commercial customers. C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax records $26.36 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $26.36 (c) All other customers $35.93 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of metered water...... $27.36 (b) Volume charge for all consumption exceeding 1,000 gallons ..$ 2.31 (3) The following monthly sewage collection and treatment rates shall apply to each. apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas: (a) Monthly charge $35.93 (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate Ordinance No.2014-27 Amendment to the Wylie Comprehensive Fee Schedule Page 4 597838.1 limits of the City. (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (1.15%) of the rate charged customers inside the corporate limits of the City. Ordinance No.2014-27 Amendment to the Wylie Comprehensive Fee Schedule Page 5 597838.1 Wylie City Council zwietire rittza AGENDA REPORT Meeting Date: September 9, 2014 Item Number: Q Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 27, 2014 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2014-28, amending the zoning from Commercial Corridor to Planned Development—Light Industrial(PD-LI)to develop a light assembly facility with limited industrial uses; on approximately 2.655 acres generally located north of West FM 544 and east of Commerce Drive. ZC 2014-04 Recommendation Motion to approve, Ordinance No. 2014-28, amending the zoning from Commercial Corridor to Planned Development—Light Industrial(PD-LI)to develop a light assembly facility with limited industrial uses; on approximately 2.655 acres generally located north of West FM 544 and east of Commerce Drive. ZC 2014-04 Discussion Owner: Wylie Economic Development Corporation Applicant: Helmberger Associates Zoning Case 2014-04 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Exhibits A & B are included and made a part of this Ordinance. Exhibit B outlines the conditions and uses of for the property. Exhibit "C" depicts the boundary of the subject tract. The property will be developed for Light Industrial purposes. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2014-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON 2.65± ACRES, ON THE HEREINAFTER DESCRIBED PROPERTY (ZONING CASE NO. 2014-04), FROM COMMERCIAL CORRIDOR (CC) TO PLANNED DEVELOPMENT —LIGHT INDUSTRIAL DISTRICT (PD- LI) TO ALLOW FOR THE DEVELOPMENT OF A LIGHT ASSEMBLY FACILITY WITH LIMITED INDUSTRIAL USES; 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. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development — Light Industrial (PD-LI), said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (PD Conditions), and Exhibit "C" (Preliminary Plat) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the Ordinance No. 2014-28 Amend Zoning Commercial Corridor to Planned Development ZC 2014-04 part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of September, 2014.. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: The Wylie News, in the September 17, 2014 edition. Ordinance No. 2014-28 Amend Zoning Commercial Corridor to Planned Development ZC 2014-04 EXHIBIT "A" OWNER'S 1)EDICATION AND ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS Wylie Economic Dottefr, • t Corpot, '0. are the owners of a tract of land situated in the State of Texas, County of Collin, and City of Wylie, being part of the E,C„ Davidson Survey, Abstnuct No, 2,66, beirg. all of a 1,065 acre tract as recorded under Document No, 20140107000015390 of the Collin County Land Records and all of a 1.590 acre tract as recorded under Document No. 20131112001531220 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at an 'X' found in the east right—of—way line of Commerce Drive (Culled 65' Right—of—Way) marking the southwest corner of said 1.065 acre tract and the southwest comer of said premises', THENCE with the east right—of—)..qay line of Commerce Drive, the west line of said 1,065 acre tract, and the west line of said premises, North 00'4929 West, passing a 5/8—inch iron rod found at 185.16 feet marking the northwest corner of said 1,05 acre tract and the southwest corner of said 1,598 acre tract, passing a capped iron rod found at 448,87 feet and continuing along the west line of said 1.590 acre tract for a total distarce of 44,9,28 foot to a point for corner in the south right—of—way line of the Dallas Area Rapid Transit (1 OD' Right—of—Way) marking the northwest comer of said 1,590 acre tract and the northwest corner of said premises.; THENCE with the south right—of—way line of the Dallas Area Rapid Transit, the north line of said 1.590 acre tract and the north line of said premises, North 84'5218' East, 255.92 feet to a 1 4—ireh iron pipe found marking the northeast corner of said 1,590 acre tract the northeast corner of said premises, and the northwest corner of a called 4..28 acre tract as recorded in Volume 4528, Page 1760 of the Collin County Land Records; THENCE with the east line of said 1,590 acre tract, the east line of said premises, the west line of said 2.48 acre tract, and the west line of Lot 3 of Wallace Industrial Park, an addition t the City of Wylie as recorded in ValLirrie F, Page 243 of the Collin County Map Records, SOUTH, passing a Boundary Solutions capped iron rod found at 283.20 feet marking the southeast comer of said 1.590 acre tract and the northeast comer of said 1,065 acre tract, and continuing (ilong the east line of said 1 o65 acre tract. for a total distance of 469,57 feet to a Boundary Sohutions c.apped iron rod fatind marking the southeast corner of said 1,065 acre tract, the southeast corner of said premises, and the northeast corner of a called 0.8356 acre tract as reconded under Document No, 20080519000601800 of the Collin Cr Land Records; THENCE with the south line of said 1.065 acre tract, the south line of said premises, acid the Porth line of said 0,8356 acre tract, South 89'24.'58 West, 248,44 feet to the point of beginning and containing 2.655 acres of land, EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No.2014-04 I. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Light Industrial District (LI) set forth in Article 4, Section 4.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 4-5—Light Industrial District(LI) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 25 Lot Coverage 50% Buffering and Screening Service and Loading Areas May face a public street or adjacent residential uses II. SPECIAL CONDITIONS: 1. The following uses as defined in the current Comprehensive Zoning Ordinance shall be permitted as follows on the subject property: a. Contractor's Maintenance Yard with accessory outside storage (Retail, Personnel Service & Commercial or Wholesale, Distribution & Storage) requires a Specific Use Peziiiit. b. Contractor's Maintenance Yard without accessory outside storage (Retail, Personnel Service & Commercial or Wholesale, Distribution & Storage) permitted by right. 2. The following uses as defined in the current Comprehensive Zoning Ordinance shall be prohibited on the subject property: a. Animal Boarding/Kennel without Outside Pens b. Hotel/Motel c. Financial Institution (with or without drive-thru, Alternative) d. Automobile Rental e. Equipment Rental f. Food Processing g. Motor Vehicle Fueling Station h. Truck Machinery&Heavy Equipment Sales, Service or Repair i. Water Treatment Plant, Reservoir or Water Storage j. Industrial (Outside) k. Mini-warehouse (Self-storage) 1. Outside Storage m. Recycling Collection Center 3. The subject property shall be in conformance with all regulations of the Light Industrial Zoning District set forth in Section 4.2, Section 4.3, and Section 5.2 of the current Zoning Ordinance (and as amended) in every respect with exception to the uses indicated in Section II.1 and 11.2 above. 4. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 5. No screening required along the north border along the railroad right-of-way. is OWNER'S DEDICATION AND ACKNOWLEDGEMENT SURVEYOR'S CERTIFICATE STATE OF TEXAS § STATE OF TEXAS § T� COUNTY of COLLIN § COUNTY of HUNT § Dallas Area Rapid Transit (DART) 1 i ri i WHEREAS Wyllie Economic Development Corporation are the owners of a tract of land situated in THAT I, John CRIB, do hereby certify that I prepared this replat from an actual survey on the land and ono' Rynt—or-way) _ I 1 the State of Texas, County of Collin, and City of Wylie, being part of the E.C. Davidson Survey, Abstract that the corner monuments shown thereon were found and/or properly placed under my supervision in 1 I I r 1 I - - _-2 Tracks No. 266, being all of a 1 065 acre tract as recorded under Document No. r Document 07000015390 of the accordance with the applicable codes and ordinances of the City of Wylie. i i l I 11 1 - recorded - 1 i of the Collin County 3ecods with saidpremises being moreparticularly i i 1 1 �— o described as follows. ______ ______________ 20131112001531220 nt Land - re in ZE OF Tf 1 1 1 f 1 f -� ' /, --�—' John Glas 7g2�Gx5TgRF:r9y, c - - __ _i__ _ —__ -� �� BEGINNING et an rX" found in the east right-of-way line of Commerce Drive (Called 65' RP.LS. No. 6081 ` � ' cc '— C Right-of-Way) marking the southwest corner of said 1.065 acre tract and the southwest corner of said JOHN 6LAS Tracks _ 255.92 Va'irr m 7055e32e7 premises, r �� N84°52 18"E w zso ACKNOWLEDGEMENT ..,i, 6081 �,! I r(iypoiia(a i ' 13 otyry csm'r. _� - �—E THENCE with the east rght-of-way line of Commerce Drive, the west lire of sold 1.065 acre tract, �,(q' a sv%E? l wi mn,o� ,m a3A p4_ eoa, cad and the west line of said remises, North 00`49'29" West, passing a 5 8 inch iron rod found at 18516 STAE OF TEXAS § -- feet marking the northwest corner of said 1.065 acre lac, and the southwest canter or said 1.590 acre COUNTY OF HUNT / dawn \ _.� '= tract, passing a capped iron rod found at 448.87 feet and cant nu.og along the west line of said 7.590 i Goty0 V \ ( I acre tract for a total distance of 449.28 feet to a point for corner in the south right-of-way line of BEFORE ME, the undersigned authority, on this day personally appeared John Clan, known to me to be N / ) em GCE \ 1 1 - the Dallas Area Papa Transit (100' R.ght-of-Way) marking the northwest corner of said 1.590 acre tract the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the 1 Jeye)efr'�es 220, G �� I I eP• and the nortrwest corner of said premises; same was executed for the purposes and consideration therein expressed. PO f Ay // onomrcly9 j200t53 ) 1 ( THENCE with the south Fight-of-way line of the Dallas Area Rapid Transit, the north line of said GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the dayof 2014. �/ _ es 201 / • I I 1 590 acre tract and the north lire of said premises, North 84'5218' East 255.92 feet to a 1 /4-inch . Dpc.4 I I 1 i iron pipe found marking toe northeast corner of said 1.590 acre tract, the northeast corner of said wvmbm f premises and the northwest corner of a ca ed 4 28 acre tract as recorder,: is Volume 4528, Page 1760 V —� 1 c of the Coin County Land Records, �T, �--_ Notary Pubic in and for �.� _ b THENCE with the east line of said 1.590 acre tract, tine east line of said premses the west line of The State of Texas —_� t said 2.48 acre tract, and the west hoe of Lot 3 of Wallace Industrial Park, an addition to the City of 1 Wylie as recorded in Volume F, Page 243 0` the Collin County Map Records, SOUTH, passing a Boundary 11 l i _ Solutions capped iror rod found at 283 20 feet marking the southeast corner of said 1.590 acre tract .ti Nc and the northeast corner of said 1.065 acre tract, and cortiruing along the east line of said 1.065 acre "Recommended for Approval" L4 Lot Block ♦ 1 1 1 I I ron tract for a total distance of 469.57 feet to a Boundary Solutions copped iron rod found marking the 1 e i `l s >7 8S t0 r Q A 1 southeast corner of said 7.065 acre tract the southeast corner of said premises, and the northeast S - corner of a called 0.8356 acre tract as recorded under Document No. 20080519000601800 of the Collin 544 Industrial Park t `w / 1.590 Acres I Vol F, Pg 445, CCMR n County Land Records; (� P Dallas Whirlpool, es Chairman Planning ant Zoning Commission Date Li z 51 Called, 248 Acres THENCE with 'Me south line of said i.065 acre tract, toe souin line of saidpremises, and the north Cityof W ,ie, Texas --- Vol. 4528, Pg. 1760, MR Y ��/� I I Ine of said 08356 acre tract, South 89'24'58 West, 248.44 feet to the point of beginning and { "P1 i containing 2.655 acres of !gird. ( / ill,1 r , NI . \1 I \i It t OWNER'S CERTIFICATE "Approved for Construcffon" oi Pv V ! v ___ /1� I l �I f STATE OF TEXAS § ' COUNTY OF COLLIN § ------ --------------------- ---____ / A I 1 Lt.) Mayor, City of Wylie, Texas Date �� �R 11I 1 xccoo NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: r /CHJ' That, WE, Wylie Economic Development Corporation do herebyadopt this at designated therein above 'Accepted" I ( � 1 f c- N y lopmenl orp P p= ( f described property as Preliminary Plat of EXCO Addition, Lots I & 2, Block A. an addition to the City ' 1 --- � - -- �'----- r NJ' of Wylie, Texas, an does hereby del-rate, in fee simple, to the public use forever, the streets, s/arrev 7' 8 W 251.12 _ — �� _ Bop a y SoiuFoos C r.ghts-of-way, and other public Improvements shown thereon. The streets and alleys, f any, are �' mouser's Parking Spaces nn`3 ( cpd RF EOP dedicated for street purposes, The easements and public use areas, are dedicated, for the pubs use t 890 11 r i i _ Mayor, Cit of Wylie, Texas Date /- 1 cdb\I or , for the purposes indicated on this plat. No bwr , forces, trees, shrubs or proven_ents y y D Way _ / \ 1 \/ or growths shall be constructed or placed upon, over or across the easements as shown, except that Business YY ay y me ' C.) landscape improvements may be placed n .aedscape easements if approved by the City Council of the i . City of Wylie In addition, utility easements may also be used for mutual. use and accommodation of all The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing (caned 60 Right-of-Way) h. it pub is unites desiring to use or using the same unless the easement I.mits the use to particular utilities, Preliminary Plat of EXCO Addition, Lots I & 2, Block A to the City of Wylie was submitted to the 7 said use by pubic utilities being subordinate to the pubiic's and City of Wylie's use thereof. City Council on the ____ day of 2014, and the Council, by formal action, then and rl � there acceptedthe dedication of streets, alley, parks, easement, public places, and water and sewer Iw 55/4H 0 Rr xenr lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to ENfrom w h-532.m' — — — --- — The City of Wyue and public utilities entities shall have the raght to remove and keep removed all or note the acceptance thereof by signing his name as hereinabove subscribed. 1 e oy In from w t=s3zm — parts of any building, fences, trees, shrubs or other improvements or growths which may In any way m c out to Rona 4532 07 endanger or interfere with the constructor, maintenance, or efficiency of them respective systems in said 0 easements. The City of Wylie and publ c util ty entities shall ct all times have toe full right of Ingress and Witness my hand this __ day of A.D., 2014. o egress to or from their respective easements for the purpose of constuctng reconstructing inspecting, Lot 2 Block A patro ling, maintaining, reading meters, and adding to or removing all or parts of their respective systems / ,a T without the necessity at any time procuring permission from anyone. 1.065 Acres j W.TNE�S, my Hard, this the day of 2�v City Secretary i4. City of Wylie, Texas wS'K`" o aeon P 0ev2102 5� of 1y3°0' GG R Wylie Economic Development Corporation min f. 0 0 6°Ono GOt,Of 070 0 Go 0 ACKNOWLEDGEMENT i s t /rl .-UT i IR 4 2 UM 544 Industrial Park 00"' 'I K Vol F, Pg. 4rl, CCMR Wallace Industrial Parkr Boundary Solutions Vol F Pg. 293, CCMR STATE 0- TEXAS 642 ( ) S89°2458"W 248.44' N70554643T Cadl COUNTY OF COLLIN 'rind Preliminary at for Review Purposes Only? E256598337 POINT OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to BEGINNING be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of , 2014. Richard & Lie Rigsby Called 08356 Acre Tract Deaf 2008.rs515000607800, CdLR Notary Public in and for The State of Texas Preliminary Plat of name= 5�=;;20 EXCO Addition Out to South-453122' R1 /1(� Lots 1 1 Notice: Selling a portion of this addition by B ti�1i A� JJ otll l 2 w metes and bounds is a violation of city ordinance and state law and is subject to f nes being all ofa 1.065 acre tract as recorded under o and withholding of utilities and building permts 1 f Document No. 20140107000015390, CCLR & DART \ N all of 1.590 acre tract as recorded under Bus;mess y 1 ,, Dpcument No. 20131112001531220, CCLR 1 NOTES �' \ I Legend \ E. C. Davidson Survey, Abstract No. 266 `i _ 1) No part of sut:jeci property lies within a Spedal Flood Hazard Area inundated by 100-year flood per E _ Flood Insurance Rate Map Number 4808500420 J of F.EM A. Flood Insurance Rate Maps for Can County, ll - 9ii cias ChdIRS c1 Capped iron Rod set /'"�'• • Collin �]'� -- --_- j s SITE 1 Texas and Incorporated Areas dated June 2, 2009 (Zone X). This statement does not imply that the I ccwre. Coat County Retards City of ►Tyne,) (�ollln County, Texas -�-- V� _ cc=s Coat County Lana Records - 1 _ property and/or structures wiI ce free from flooding or flood damage. On occasion, greater floods can and 1eF Rod a �" fM 544 — - will occur and flood heights may be increased by man-made or natural causes. This flood statement shaft ad c f n e a anent June 7 2014 I — not create liability on the part of the surveyor. ¢ c Iron f -� oatw w valve a rw 2) Source bearing is based on 1 590 acre tract as recorded under Instrument No. 201 31 1 1 20 01 5 3'220 of • Pa Power Rre Nw tar sr r�°HSurveyor: Drawings/2014/AC00I.27.dwg yo ot r4 the Collin County Land Records. sa'nea s f ei s er wonr ie Owner Lots 7 & 2: - G.as Land Surveying " concrete i 3 This lot has been performed without the benefit of o title commitment. Subject property is affected 6 ono s fyc ouf Wylie Economic Development 2114 FM 1563 /'/aS Land Surveying P P 1 P P Y Y 0 40' 80 120' Corporation Wolfe City, Tx 754906 G any or all easements of record. Surveyor did not abstract or research records for easements. hCHn- Cable Marker 250 S Highway 78 Attn: John gas / Ell MIN MIN I Chen IRS Fence Wylie, Tx 75098 a 2114 FM 1563, Wolfe sty, Texas 75496 VICINITY MAP 4) State Plane Coordinates established using C'ty of Wylie Control Points 2 & 3. Coordinates shown on this Scale; /"=40' coy A n: 903) 496-208- Office: (903) 496-2084 plat are grad coordinates and can be converted to ground coordinates using the scale factor of '.0001486 john@glaslandsurveying.co=n ( wwwgfasfandsurveying.corn N. T.S. per the City of Wylie Monument Datosheets. I TBPLS Finn No. 10193970 J rt Wylie City Council � 3 AGENDA REPORT pNt : fibg ��gp y Meeting Date: September 9, 2014 Item Number: R (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: September 2, 2014. Budgeted Amount: Exhibits: Ordinance, Draft Report Subject Consider, and act upon, approval of Ordinance 2014-29 setting a date, ordering a public hearing for October 14, 2014 to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees Recommendation Motion to approve Ordinance 2014-29 setting a date, ordering a public hearing for October 14, 2014 to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees Discussion Chapter 395 of the Texas Local Government Code outlines the process and procedures for approving and updating impact fees. Approval of the ordinance will set a public hearing for October 14th, 2014 to discuss the updated thoroughfare capital improvements plan and the thoroughfare impact fees. The capital improvements plan identifies the projects necessary to serve the projected population over the next ten years and is based on the recently approved thoroughfare plan. The public hearing was originally scheduled for September 23ra however, the notice of the public hearing must be published at least 31 days prior to the hearing and therefore it is necessary to move the meeting to October 14th. The Impact Fee Advisory Committee met on August 5th, 19th, and September 2nd to discuss the capital improvements plan, land use assumptions and thoroughfare impact fees. They will also provide written comments and recommend a cost per service unit for council consideration. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2014-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2014-25; SETTING A PUBLIC HEARING FOR OCTOBER 14, 2014 TO DISCUSS AND REVIEW UPDATES TO THE CAPITAL IMPROVEMENTS PLAN OF THE CITY OF WYLIE, TEXAS AND THOROUGHFARE IMPACT FEES ASSESSED BY THE CITY OF WYLIE, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HER DESIGNEE TO NOTIFY THE PUBLIC OF SUCH PUBLIC HEARING; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") adopted Ordinance No. 2014-25 setting a public hearing for September 23, 2014 to discuss and review updates to the Capital Improvements Plan of the City of Wylie, Texas ("Wylie") and the thoroughfare impact fees assessed by Wylie in accordance with Chapter 395 of the Texas Local Government Code; and WHEREAS, the City Council has investigated and determined that it is necessary to reschedule the public hearing for October 14, 2014; and WHEREAS, the City Council hereby amends Ordinance No. 2014-25 as set forth below. NOW, THEREFORE,BE IT RESOLVED BY THE WYLIE CITY COUNCIL: 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 Ordinance No. 2014-25. Section 2 of Ordinance No. 2014- 25 is hereby amended as follows: "On the 14th day of October, 2014 at 6:00 p.m. in the City Council Chamber of the Wylie Municipal Complex, 300 Country Club Road, Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on proposed updates and amendments to the thoroughfare impact fees assessed by Wylie and to Wylie's Capital Improvements Plan. Notwithstanding the foregoing, the above stated date for public hearing may be changed to any other date(s) that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or her designee, that good reason exists for changing said date." SECTION 3: Notice of Hearing. The Wylie City Manager, or her designee, is hereby authorized and directed to cause notice of such hearing to be published in one or more newspapers of general circulation in Collin, Rockwall and Dallas Counties and to send notice by certified mail to any person who has given written notice by certified or registered mail to the Ordinance No.2014-29 Amending Ordinance No.2014-25(Hearing on Thoroughfare Impact Fee Amendments) Page 1 653576.1 City Manager requesting notice of such hearing within two (2) years preceding the date this resolution is adopted in accordance with Section 395.049 of the Texas Local Government Code. Said notices shall be published and mailed before the 30th day before the date of the public hearing. SECTION 4: Repealing/Savings. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional 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. Frisco hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases may be declared unconstitutional and/or invalid. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE WYLIE CITY COUNCIL on the 9th day of September, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News on September 17, 2014. Ordinance No.2014-29 Amending Ordinance No.2014-25(Hearing on Thoroughfare Impact Fee Amendments) Page 1 653576.1 CITY OF WYLIE THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES The first step in the development impact fee process is the development of a 10-year Capital Improvement Plan (CIP). This capital improvement plan includes projects intended for construction by the City of Wylie in the next 10 years to serve existing and future development. Existing Facilities The City of Wylie arterial and major collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage. The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544, FM 1378, Ballard Avenue, Brown. Street, and Stone Road. Several of the arterial roadways including SH 78 and FM 544 are under the operation and maintenance jurisdiction of the Texas Department of Transportation (TxDOT). Proposed Facilities The City of Wylie adopted a revised Comprehensive Plan in 2012 and an updated thoroughfare plan in 2014 that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use. The highest classification of roadway is the Principal Thoroughfare type facility. These roadways are generally multiple lanes (4 or 6) with medians that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining development. The character of the developments served should determine the sizes and alignments of collector roadways. City of Wylie—2014 Roadway Impact Fee Update Page 1 Capital Improvement Plan for Roadway Impact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table IA and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the approximate project length, and an engineer's opinion of probable cost to the City. In addition, under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the 2014 CIP are identified in the City of Wylie Thoroughfare Plan. Recoupment costs for projects completed as part of the previous CIP are shown in Table 1B and are also illustrated in Figure 1. The engineer's opinions of probable construction cost were prepared without the benefit of a detailed preliminary engineering study for each project. The costs are based on data provided by the City of Wylie and on roadway project construction bids. Financing costs for the projects in the thoroughfare CIP were also included in the total estimated cost and the interest rate of 5% was provided by the City of Wylie. City of Wylie—2014 Roadway Impact Fee Update Page 2 Table 1A-Thoroughfare Capital Improvement Plan City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) W/O INTEREST INTEREST COST FM 1378 _ W2A N.of Lakeway _ S.of N.Parker Rd. 2 lanes Build a 6-lane divided section 1,150 $ 3,492,000.00 $ 1,833,300.00 $ 5,325,300.00 Woodbridge Pkwy. W5A FM 544 Hooper Rd 4 lanes Build a 6-lane divided section 5,500 $ 2,061,000.00 $ 1,082,025.00 $ 3,143,025.00 McMillen Road W6 McCreary Rd _ FM 1378 4 lanes _ Build a 6-lane divided section 8,400 $ 9,454,000.00 $ 4,963,350.00 $ 14,417,350.00 Hensley Lane(East) W9 Hooper Rd McCreary Rd --- Build a 2-lane undivided section 5,100 $ 3,379,000.00 $ 1,773,975.00 $ 5,152,975.00 Woodbridge Pkwy. _ W10 Hooper Rd _ South City Limit --- Build 4-lanes of future 6-lanes 1,050 $ 875,800.00 $ 459,795.00 $ 1,335,595.00 Park Boulevard W11 FM 1378 Westgate Way 2 lanes Build 4-lanes of future 6-lanes 4,850 $ 4,925,000.00 $ 2,585,625.00 $ 7,510,625.00 Park Boulevard W12 City Limit Skyview --- Build 4-lanes of future 6-lanes 1,550 $ 1,053,550.00 $ 553,114.00 $ 1,606,664.00 Park Boulevard W13 Skyview City Limit 2 lanes Build 4-lanes of future 6-lanes 1,300 $ 1,688,750.00 $ 886,594.00 $ 2,575,344.00 Sanden Boulevard _ W14 FM 544 SH 78 2 lanes Build a 4-lane divided section 3,700 $ 2,770,500.00 $ 1,454,513.00 $ 4,225,013.00 Ann Drive W15 Kamber Lane Franklin Lane --- Build a 2-lane undivided section 800 $ 608,700.00 $ 319,568.00 $ 928,268.00 Jackson Avenue W16 Brown Street Parker Road --- Build a 2-lane undivided section 850 $ 640,100.00 $ 336,053.00 $ 976,153.00 Birmingham Street W17 Marble Street Brown Street --- Build a 2-lane undivided section 750 $ 580,400.00 $ 304,710.00 $ 885,110.00 N.Ballard Avenue W18 SH 78 Brown Street 2 lanes Study to Improve Capacity 1,750 $ 50,000.00 $ 26,250.00 $ 76,250.00 Forrest Ross Road W19 Railroad Tracks Park Boulevard 2 lanes Build a 4-lane divided section 2,650 $ 1,675,650.00 $ 879,716.00 $ 2,555,366.00 Sub Total $ 33,254,450.00 $ 17,458,588.00 $ 50,713,038.00 Alanis Drive El SH 78 S Ballard 3 lanes Build a 4-lane undivided section 6,100 $ 3,507,200.00 $ 1,841,280.00 $ 5,348,480.00 South Ballard Ave. _ E7 Alanis Drive County Line 2 lanes Build a 4-lane divided section 6,200 $ 6,667,500.00 $ 3,500,437.50 $ 10,167,937.50 Pleasant Valley Rd. E7A S.Ballard Avenue South City Limit 2 lanes Realign&Build 4-lane divided 7,850 $ 8,342,300.00 $ 4,379,707.50 $ 12,722,007.50 FM 544 E8 JW Akin Lane _ Vinson Road 2 lanes Build a 4-lane divided section 13,500 $ 13,960,600.00 $ 7,329,315.00 $ 21,289,915.00 Alanis Drive El1 City Limit Troy Road --- Build a 4-lane divided section 1,200 $ 1,396,100.00 $ 732,952.50 $ 2,129,052.50 Stone Road E12 FM 544 East City Limit 2 lanes Build a 4-lane divided section 9,400 $ 9,524,600.00 $ 5,000,415.00 $ 14,525,015.00_ Sachse Road: E13 County Line South City Limit 2 lanes Build a 4-lane divided section 1 2,600; $ 4,400,000,00 $ 2,310,000.00 $ 6,710,000.00 County Line Road _ E14 FM 544 Troy Road 2 lanes Build a 4-lane divided section 5,000 $ 5,002,900.00 $ 2,626,522.50 $ 7,629,422.50 Kreymer Lane E15 SH 78 City Limit 2 lanes Build a 4-lane divided section 5,050 $ 5,046,200.00 $ 2,649,255.00 $ 7,695,455.00 Troy Road _ E16 City Limit _ East Fork 2 lanes Realign&Build 4-lane divided 3,750 $ 3,783,900.00 $ 1,986,547.50 $ 5,770,447.50 Troy Road E17 City Limit County Line Road 2 lanes Build a 4-lane divided section 2,700 $ 2,724,900.00 $ 1,430,572.50 $ 4,155,472.50 Wylie E Drive E18 SH 78 School Driveway 2 lanes Build a 4-lane divided section _ 1,500 $ 1,574,400.00 $ 826,560.00 $ 2,400,960.00 Creek Crossing Dr. El9 Sachse Road City Limit --- Build a 2-lane undivided section 2,300 $ 1,535,600.00 $ 806,190.00 $ 2,341,790.00 Collins Boulevard E20 Current End _ East Fork --- Build a 2-lane undivided section 5,300 $ 3,449,200.00 $ 1,810,830.00 $ 5,260,030.00 Forrest Ross Road E21 SH 78 Park Boulevard 2 lanes Build a 4-lane divided section 3,600 $ 2,686,350.00 $ 1,410,333.75 $ 4,096,683.75 Park Boulevard E22 City Limit Spring Creek Pkwy. --- Build 4-lanes of future 6-lanes 2,700 $ 1,835,300.00 $ 963,533,00 $ 2,798,833.00 Park Boulevard E23 Spring Creek Pkwy. Centennial 2 lanes Build 4-lanes of future 6-lanes 850 $ 577,800.00 $ 303,345.00 $ 881,145.00 Park Boulevard E24 Centennial SH 78 4 lanes Build a 6-lane divided section 1,200 $ 815,950.00 $ 428,374.00 $ 1,244,324.00 Park Boulevard E24A Bridge Railroad Bridge 1,000 $ 5,732,150.00 $ 3,009,379.00 $ 8,741,529.00 Sub Total $ 82,562,950.00 $ 43,345,549.75 $ 125,908,499.75 CIP PROJECT TOTALS: $ 115,817,400.00 $ 60,804,137.75 $ 176,621,537.75 Costs based on 50%of EOPCC by Halff Associates Paving&Drainage prorated for length out of 13,600"total Based on 50%of Dallas County Opinion of Cost(No Breakdown) City of Wylie-2014 Roadway Impact Fee Update Page 3 Table 1B- Recoupment Projects Completed with Previous CIP City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) W/O INTEREST INTEREST COST FM 1378 W1 FM 544 W Brown St 2 lanes Built a 6-lane divided section 3,500 $ 1,032,000.00 $ 541,800.00 $ 1,573,800.00 FM 1378 W2 W Brown St _ 800'north of Lakeway 2 lanes Built a 6-lane divided section 11,800 $ 10,683,815.00 $ 5,609,003.00 $ 16,292,818.00 W Brown Street W3 FM 1378 Ballard Ave 2 lanes Built a 4-lane divided section 9,500 $ 9,827,184.00 $ 5,159,272.00 $ 14,986,456.00 Hensley Lane(East) W4 Hensley _ Hooper --- Built a 2-lane undivided section 3,100 $ 445,000.00 $ 233,625.00 $ 678,625.00 Country Club Road W5 FM 544 South City Limit --- Built 4-lanes of future 6-lanes 5,500 $ 4,784,003.00 $ 2,511,602.00 $ 7,295,605.00 McCreary Road W7 FM 544 South City Limit --- Built a 4-lane divided section 3,350 $ 1,420,000.00 $ 745,500.00 $ 2,165,500.00 Springwell Pkwy W8 FM 544 700'south of Capital --- Built a 2-lane undivided section 2,600 $ 1,220,000.00 $ 640,500.00 $ 1,860,500.00 Sub Total $ 29,412,002.00, $ 15,441,302.00 $ 44,853,304.00 Alanis Drive El SH 78 S Ballard 2 lanes Built 3-lanes of 4-lane section 6,100 $ 4,464,331.00 $ 2,343,774.00 $ 6,808,105.00 Alanis Drive E2 Twin Lakes FM 544 3 lanes Built a 4-lane divided section 2,700 $ 1,327,800.00 $ 697,095.00 $ 2,024,895.00 Kirby Street E3 SH 78 Birmingham 4 lanes Built a 4-lane divided section 1,400 $ 1,115,600.00 $ 585,690.00 $ 1,701,290.00 Stone Road E4 Birmingham S Ballard 2 lanes Built a 4-lane divided section 8,300 $ 999,000.00 $ 524,475.00 $ 1,523,475.00 Stone Road E5 Ballard Akin 2 lanes Built a 5-lane divided section 2,800 $ 3,530,000.00 $ 1,853,250.00 $ 5,383,250.00 S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Built a 4-lane divided section 3,600 $ 4,955,000.00 $ 2,601,375.00 $ 7,556,375.00 East Brown Street E9 SH 78 Stone 2 lanes Built a 4-lane divided section 11,100 $ 9,253,000.00 $ 4,857,825.00 $ 14,110,825.00 SH 78 E10 Eubanks Spring Creek Pkwy 2 lanes Built 6-lane divided highway section 3,200 $ 4,829,000.00 $ 2,535,225.00 $ 7,364,225.00 Sub Total $ 30,473,731.00 $ 15,998,709.00 $ 46,472,440.00 RECOUPMENT PROJECT TOTALS: $ 59,885,733.00 $ 31,440,011.00 $ 91,325,744.00 City of Wylie-2014 Roadway Impact Fee Update Page 4 Parker Road `� NI) Q Parker• Road PARKER ° C 3 IL ST PAUL _j ti Y s k ro - . .... _ ., ,1„4.Allkiii j it r 8 eL1 ve " ° . 3 l� //1q �..Sk rew Drive .�^ ... " ... ... .... ........ _. rr d^tW s13 l::f..p "TEMY C1kRf2V asp" ., T� m s� . . .. r a;3s i t.w: Park Boulevard `, r '� 'r:,"` �McMrllen Road .,... s a y '..r � rri'rrlkr ' l W12 i� � r } Pack Boulevard ., M tl! ,� r }y»tir@„r, �t - a �� G. a 3 r ot W ---- tit.tii4t;:Ca' C\ii tii:c . rie, M �+ r_._ H 78 CuW a ':✓ V _ 10 Cu u Brown Street '""y _ { 1 . V W ii + ., Browu Street ic 1 AAA''''' - _ r, -- ;. ..r kA ?: ;' l k! MaHliC"£i '. E 9 i Brown Street "Bennett Road' Lijiii-iiiiitiiit E9 d Lateteldbn e I r .. d FM 544 1 aF Cll YrY 1,� a� ;,,. �Q` ,o t KK',, FM"544 I' ; E 'P'M..S `." A OALLAS S and Ra2d m t Si i �" E1� ° Stone Road E1� .�- rrri }s vu:a.;�r,ys Tt�t e r rTrs rr z.<. v °r'. ''Zr c4r `C/ E5 E8 c 4J9 3 L W4 Hensley Lane aiir -,r :. .:J � Ll }} �, 3 o��i( .F ...... C j o .. tr rid r m rr O s ' E 1 Alanis Drive Cu S o �V o o-0r r+ >� ' ;..� '.r,.,rv.,... a c . it�t �,' _ , b rr E1 E2 6 E1 0` 8 �f 1H�' -J.c f. a 2. `, 4i'. Alanis Urive r • LA Wl� Fork z . ......„, r r'� 5 �..= .. . . . Elm Dnve ; ... _ ....... „.„ ..„ Y 0, - " , „ „ ,.. ,. ..,.:;„ fr, �s F V 1 ;,, -, �b,Y AJ 7 ---... �� Cra sv#b Z.,trte -- �rog�4°, / A�"oasd� d 2 LEGEND Gt,,"� `" C/ �� P ® Recoupment Project o ' r; iN a aNTv ap Wl� rn L M Build Roadway to 6 Lanes Nis.I t,S fFIUNTY _,...,....... ___,...,... _...._,_ ^— r a ..,,_., ,. ......,., —,...,_,».,....,,.,. ��� moo°r." .� �4`�ra" Build Roadway to 4 Lanes l ' E 19 Sam ego Si alr _° fr,L "` Build Roadway to 2 Lanes ,e 8ACHSE r�,, rir y„op,. ��" ,,,, i „u. E Service Area Boundary r F tr....1 Proposed Bridge roS Q / ' ti �. �O,w' ° Project number r0 eC ��s l-r CITY CDF WYL1I= 4 J Pit. ,„ 0 2014 THC7FC7tJC3HFAR ��� ° GAPITAL 1MPF2C7t1FMNT FLAN r or DATE AUGUST 2014 IMPACT FEE CALCULATION I. INTRODUCTION The next step of the Development Impact Fee process is the determination of the maximum fee per service unit that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period by the number of service units of growth forecast to occur. The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 4. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth. II. SERVICE UNIT To deteiiiiine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation Manual, 9th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within each service area in the City of Wylie. Table 2 shows the typical service units for each land use type. City of Wylie—2014 Roadway Impact Fee Update Page 6 Table 2 - Service Unit Calculation by Land Use Type City of Wylie 2014 Roadway Impact Fee Study Update PM Peak Trips' Trip Length2 Variable Vehicle-Miles (vehicles) (miles) Residential Dwelling Unit 1.00 3.0 3.00 Office 1,000 ft2 1.49 3.0 4.47 Commercial/ Retail 1,000 ft2 3.71 2.4 8.90 Industrial 1,000 ft2 0.97 3.0 2.91 Public and Institutional 1,000 ft2 1.01 2.1 2.12 Parks and Recreational Acre 13.01 2.1 27.32 ' Based on ITE Trip Generation Manual, 9th Edition 2 Based on NCTCOG data City of Wylie—2014 Roadway Impact Fee Update Page 7 SERVICE AREAS The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (West and East) were established for the City of Wylie to ensure that funds are spent within six miles of where they are collected. The service areas include most of the developable land within the city limits of Wylie. Within Wylie, the growth and intensities of growth for the ultimate development of the City and that portion of the service area expected to occur during the 10-year period, 2014-2024, is forecast. The two service areas were shown in Figure 1. III. ASSUMPTIONS AND EVALUATION CRITERIA Determination of the eligible costs of capital improvements to serve the forecast growth over the 10-year period from 2014. to 2024 was based on data provided by the City of Wylie. The basic criteria and assumptions made for this study include the following: 1. Costs of existing facilities constructed to serve new development have been included, and City of Wylie staff identified projects of this type. 2. Bond interest costs are included. 3. Street facility improvements, although necessary for additional capacity by new growth, will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for the build-out. Table 3 shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years and is used to pro-rate the identified costs in the service area. In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off-site should be treated as a credit to the impact fee assessment. City of Wylie—2014 Roadway Impact Fee Update Page 8 Table 3 - Summary of Vehicle-Mileage Distribution by Development Period City of Wylie 2014 Roadway Impact Fee Study Update Existing 2014 - 2024 Year 2024 - Ultimate Vehicle- Portion of Vehicle-Miles Portion of Vehicle-Miles Portion of Ultimate Service Miles Ultimate Added Ultimate Added Ultimate Vehicle- Area 2014 Vehicle-Miles 2014-2024 Vehicle-Miles 2024-Ultimate Vehicle-Miles Miles W 58,711 0.904 4,255 0.066 1,953 0.030 64,919 E 33,470 0.789 7,040 0.166 1,922 0.045 42,432 Total 92,181 11,295 3,875 107,351 City of Wylie—2014 Roadway Impact Fee Update Page 9 ELIGIBLE COSTS Table 4 presents a summary of the roadway capital improvement costs for the two service areas. The 10-year portion of the total costs was calculated using the data from Table 3. Costs of each of the individual street projects were accumulated, or apportioned, for the service area in which they were located. Boundaries of the service areas were located to be coincident with natural barriers, the center of existing or proposed street facilities included in the capital improvements plan or along city limit lines. Costs of these projects included only those costs that will be paid for by the City of Wylie. IV. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY The determination of growth of service units and resulting impact fee rates were then made. Table 5 presents the derivation of service unit equivalents for each of the six defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 presents a summary of the calculations and resulting eligible costs per service unit. Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs. The total eligible costs per service unit are shown in Table 6. The City will use either a detailed financial analysis to adjust for tax credits or will use 50 percent of these eligible costs. V. IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps. First, determine the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the 10-year period. This calculation for Service Areas W and E are summarized on pages 14 and 15. City of Wylie—2014 Roadway Impact Fee Update Page 10 Table 4 - Summary of Capital Improvement Cost by Service Area City of Wylie 2014 Roadway Impact Fee Study Update Portion of Capacity of Cost of Thoroughfare Service Area Zone Cost of Thoroughfare Attributed Attributed to Growth Thoroughfare to Growth(2014-2024) (2014-2024) W $95,566,342.00 0.066 $6,307,378.57 E $172,380,939.75 0.166 $28,615,236.00 Totals $267,947,281.75 $34,922,614.57 City of Wylie—2014 Roadway Impact Fee Update Page 11 Table 5 - Thoroughfare Land Use Equivalency City of Wylie 2014 Roadway Impact Fee Study Update Development Veh-Miles/Development Unit SU Equivalency Land Use Unit (1) (2) Residential Dwelling Unit 3.00 1.00 Office 1,000 ft2 4.47 1.49 Commercial/Retail 1,000 ft2 8.90 2.97 Industrial 1,000 ft2 2.91 0.97 Public and Insitutional 1,000 ft2 2.12 0.71 Parks and Recreational 1,000 ft2 27.32 9.11 Notes: (1) Based on data from the lTE Trip Generation Manual and NCTCOG (2) Ratio of each land use to service unit of Residential City of Wylie—2014 Roadway Impact Fee Update Page 12 Table 6 - Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2014 Roadway Impact Fee Study Update Cost of Thoroughfare Number of New Cost Per Service Area Attributed to Growth Service Units Cost Per Service Unit Service Unit (2014-2024) (2014-2024) (Rounded) W $6,307,378.57 4,255 $1,482.35 $1,482 E $28,615,236.00 7,040 $4,064.66 $4,064 Totals $34,922,614.57 11,295 City of Wylie—2014 Roadway Impact Fee Update Page 13 Calculation for Service Area W Cost of Roadway Facilities (Tables 1 A and 1 B - Service Area W) = $95,566,342.00 Proportion of Capacity Attributable to New Growth (Table 3 - Service Area W) = 0.066 Cost of Roadway Facilities Attributable to Growth (201.4-2024 - Service Area W): $95,566,342.00 x 0.066 = $6,307,378.57 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2014-2024) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area W is: Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total. Growth in Equivalent Service Units (Table 3) = $6,307,378.57 4,255 ESU = $1,482.35 /ESU= $1,482 /ESU (Rounded Service Area W) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $1,482 x 50% = $741.00. Calculation for Service Area E Cost of Roadway Facilities (Tables IA and 1B - Service Area E) _ $172,380,939.75 Proportion of Capacity Attributable to New Growth (Table 3 - Service Area E) = 0.166 Cost of Roadway Facilities Attributable to Growth(2014-2024 - Service Area E): $172,380,939.75 x 0.166 = $28,615,236.00 City of Wylie—2014 Roadway Impact Fee Update Page 14 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2014-2024) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area E is: Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total Growth in Equivalent Service Units (Table 3) = $28,615,236.00 7,040 ESU = $4,064.66 /ESU= $4,064 /ESU (Rounded Service Area E) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $4,064 x 50% = $2,032.00. Impact Fee Calculation Example The land use equivalency table is provided in. Table 7. This table identifies the total service units generated by specific uses within each land use category. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from. Table 7 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming impact fees of$741.00 per service unit (Service Area W) and $2,032.00 per service unit (Service Area E) are shown on page 17. City of Wylie—2014 Roadway Impact Fee Update Page 15 Table 7-Land Use Equivalency City of Wylie 2014 Roadway Impact Fee Study Update DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE MAX ALLOWABLE IMPACT FEE/ CATEGORY LAND USE DEVELOPMENT UNIT' UNITS RATE2 LENGTH' TRAFFIC4 UNITS' Service Area W Service Area E RESIDENTIAL Single-Family Detached Dwelling Unit 1.00 3.0 0 3.00 $2,223.00 $6,096.00 Apartment/Multi-Family Dwelling Unit 0.62 3.0 0 1.86 $1,378.26 $3,779.52 Condominium/Townhouse Dwelling Unit 0.52 3.0 0 1.56 $1,155.96 $3,169.92 Mobile Home Dwelling Unit 0.59 3.0 0 1.77 $1,311.57 $3,596.64 OFFICE Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47 $3,312.27 $9,083.04 Medical Office 1,000 ft2 GFA 3.57 3.0 0 10.71 $7,936.11 $21,762.72 COMMERCIAL Automobile Care Center 1,000 ft2 GFA 3.11 2.5 0.3 5.44 $4,031.04 $11,054.08 Building Materials/Lumber 1,000 ft2 GFA 4.49 2.0 0.2 7.18 $5,320.38 $14,589.76 Convenience Stores/Gas Pumps 1,000 ft2 GFA 50.92 0.4 0.63 7.54 $5,587.14 $15,321.28 Drive-In Bank 1,000 ft2 GFA 24.3 1.7 0.47 21.89 $16,220.49 $44,480.48 Fast Food Restaurant 1,000 ft2 GFA 32.65 2.0 0.5 32.65 $24,193.65 $66,344.80 Free-Standing Discount Store 1,000 ft2 GFA 4.98 2.5 0.17 10.33 $7,654.53 $20,990.56 Garden Center/Nursery 1,000 ft2 GFA 6.94 2.5 0.2 13.88 $10,285.08 $28,204.16 Golf Course Acres 0.3 2.5 0 0.75 $555.75 $1,524.00 Hardware/Paint Store 1,000 ft2 GFA 4.84 2.5 0.26 8.95 $6,631.95 $18,186.40 Home Improvement Store 1,000 ft2 GFA 2.33 3.0 0.48 3.63 $2,689.83 $7,376.16 Hotel Rooms 0.6 3.0 0 1.80 $1,333.80 $3,657.60 Pharmacy/Drugstore 1,000 ft2 GFA 9.91 2.5 0.49 12.64 $9,366.24 $25,684.48 Self-Service Car Wash Stalls 5.54 2.0 0.6 4.43 $3,282.63 $9,001.76 Service Station Pumps 13.87 0.5 0.42 4.02 $2,978.82 $8,168.64 Sit-Down Restaurant 1,000 ft2 GFA 9.85 2.4 0.43 13.47 $9,981.27 $27,371.04 Shopping Center 1,000 ft2 GFA 3.71 3.0 0.34 7.35 $5,446.35 $14,935.20 Supermarket 1,000 ft2 GFA 9.48 2.5 0.36 15.17 $11,240.97 $30,825.44 INDUSTRIAL Industrial 1,000 ft2 GFA 0.97 3.0 0 2.91 $2,156.31 $5,913.12 Mini-Warehouse 1,000 ft2 GFA 0.26 3.0 0 0.78 $577.98 $1,584.96 Warehouse 1,000 ft2 GFA 0.32 3.0 0 0.96 $711.36 $1,950.72 INSTITUTIONAL School Students 0.15 2.1 0 0.32 $237.12 $650.24 Day Care Center Students 0.81 2.7 0.9 0.22 $163.02 $447.04 Nursing Home 1,000 ft2 GFA 0.74 2.5 0 1.85 $1,370.85 $3,759.20 House of Worship 1,000 ft2 GFA 0.55 2.1 0 1.16 $859.56 $2,357.12 GFA=Gross Floor Area 2(Vehicles);Based on 1TE Trip Generation Manual,9th Edition 2(Miles);Based on NCTCOG Data a Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Miles) 6 Based on 50%of maximum calculated impact fee for each service area The land uses and trip generation characteristics listed in this chart are intended as examples.The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers Trip Generation Manual,Ninth Edition,which is incorporated herein by reference. City of Wylie-2014 Roadway Impact Fee Update Page 16 Service Area W—Example Calculations SINGLE-FAMILY DWELLING (Service Area W) • Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) = 3.00 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $741.00 / Service Unit: (3.00 Vehicle-Miles) x ($741.00/Vehicle-Miles) = $ 2,223.00 50,000 ft2 SHOPPING CENTER(Service Area W) • Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.35 Vehicle-Miles / 1,000 ft2) = 367.50 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $741.00/ Service Unit: (367.50 Vehicle-Miles) x ($741.00/Vehicle-Miles) = $ 272,317.50 Service Area E—Example Calculations SINGLE-FAMILY DWELLING (Service Area E) •Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) =3.00 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $2,032.00/Service Unit: (3.00 Vehicle-Miles) x ($2,032.00 /Vehicle-Miles) = $ 6,096.00 50,000 ft2 SHOPPING CENTER(Service Area E) •Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.35 Vehicle-Miles / 1,000 ft2)= 367.50 Vehicle-Miles •Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$2,032.00/Service Unit: (367.50 Vehicle-Miles) x ($2,032.00 /Vehicle-Miles) = $ 746,760.00 City of Wylie—2014 Roadway Impact Fee Update Page 17 Wylie Parks and Recreation Facilities Development Corporation (4B) CITY OFWLI.L Regular Meeting Minutes Tuesday, September 10, 2013- 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 4B Chair, Mayor Eric Hogue called the Parks & Recreation 4B Board to order at 6:10 p.m. Secretary Ehrlich took roll with the following members present: Chair Eric Hogue, Dan Chestnut (Parks Board), Councilman Rick White, Councilman Nathan Scott, and Councilman Keith Stephens. Board members Coda Hampton and Jeff Harris were absent. 1. Consider, and act upon, approval of the Minutes from the September 11, 2012 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) Staff Comments Board Secretary Ehrlich presented the September 11, 2012 Wylie Parks and Recreation 4B Board minutes for approval. Board Action A motion was made by board member Scott, seconded by board member White to approve the minutes of September 11, 2012 of the Wylie Parks and Recreation Facilities Development Corporation (4B) as presented. A vote was taken and the motion passed 5-0 with board members Hampton and Harris absent. 2. Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Vice Chairman from its board members for a term beginning September 10, 2013 and ending December 31, 2014 to fill an unexpired term. (C. Ehrlich, City Secretary) Staff Comments 4B Board Secretary Ehrlich addressed the board stating that currently, Mayor Hogue holds the position of 4B Chair and Anne Hiney served as Vice Chair. In May of 2013 Anne Hiney declined from serving another term on September 10,2013 Wylie Park and Recreation Facilities Development Corporation(4B) Page 2 of 2 the Parks and Recreation 4B board and therefore a replacement must be appointed to serve out the unexpired term of September 10, 2013 to December 31, 2014. Board Action A motion was made by board member White, seconded by board member Scott to appoint Dan Chestnut as Vice Chairman of Wylie Parks and Recreation Facilities Development Corporation (4B) Board to serve the unexpired term of September 10, 2013 to December 31, 2014. A vote was taken and the motion passed 5-0 with board members Hampton and Harris absent. 3. Consider, and act upon, approval of the FY 2013-2014 4B Budget and authorize expenditures for the FY 2013-2014 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed the board stating that the Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the Y2 cent sales tax for parks and recreation projects. Each board member had been given a copy of the proposed 2013/14 4B Budget for review and approval. Board Action A motion was made by board member White, seconded by board member Chestnut to approve the FY 2013-2014 4B budget and authorize expenditures for the FY 2013-2014 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 5-0 with board members Harris and Hampton absent. ADJOURN Board Action With no further business before the Wylie Parks and Recreation Facilities Development Corporation (4B) Board, a motion was made by board member White, seconded by board member Scott to adjourn the meeting at 7:10 p.m. A vote was taken and the motion passed 5-0 with board members Harris and Hampton absent. Eric Hogue, Chair ATTEST: Carole Ehrlich, City Secretary OF � as Wylie Parks and Recreation Facilities Development Corporation (4B) AGENDA REPORT Meeting Date: September 9, 2014 Item Number: 2 —4B Agenda Department: City Secretary- 4B Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: August 21, 2014 Budgeted Amount: 4B Bylaws and Amendments Exhibits: (12-05) Subject Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2015. and ending December 31, 2016. Recommendation A motion to appoint as Chairman and as Vice Chairman; and Mindy Manson as President; Jeff Butters as Vice-President; Linda Bantz as Treasurer, and Carole Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2015 and ending December 31,2016. (2 year term) Discussion Article II, Section 1. (d) states; "The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in the absence of the Chairman". Currently, Mayor Hogue holds the position of 4B Chair and Dan Chestnut services as Vice Chair. Article III, Section 1. (a) The amended states that the officers of the Corporation shall appoint a president, a vice president, a secretary and a treasurer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of the office shall be two years with the right of an officer to be reappointed. Section 2 of Article III explains the duties of the officers and designates that the president shall be the chief operating executive officer of the corporation, and subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the corporation and execute all contracts, conveyances, Page 1 of 2 Page 2 of 2 franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Section 3 designates the Asst. City Manager as the first vice president Section 4 designates the Finance Director as Treasurer Section 5 designates the City Secretary as the Secretary. Current officers serving are: Mindy Manson, President; Jeff Butters, Vice President; Linda Bantz, Treasurer, and Carole Ehrlich, Secretary. Pursuant to this article, the board should appoint all officers for a 2 year term. A copy of the 4B Bylaws and amendments thereto are attached for your review. All new appointments will begin January 2, 2015 and end December 31, 2016. Current Wylie Parks and Recreation 4B Board members include: Coda Hampton, Dan Chesnut, Jeff Harris, Mayor Pro Tern Keith Stephens, Mayor Eric Hogue, Councilman Bennie Jones, and Councilman Nathan Scott. ll. BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWER Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four if its Articles of Incorporation, the same to be accomplished on behalf of the City of Wylie, Texas (the "City') as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Ann. Civ. St., as amended, (the 'Act"), and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 4B of the Act, and shall have all powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Numbers and Term of Office (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the 'Board") under the guidance and direction of the Wylie City Council and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the 'City Council') of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the 'Place' and collectively, the 'Places') as designated herein. Places 1-4 are designated for the City Page 1 of 9 Councilmember Directors and Places 5-7 are designated for Citizen Boardmembers, of which at least one of the members will be appointed from the Park Board, and one member appointed from the Library Board. These appointments will be classified as citizenmember directors. (c) The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Articles of Incorporation. (d) The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in its absence of the Chairman. (e) Any director may be removed from office by the City Council at will. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article V of these Bylaws. Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice to the directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the Chairman of the Board, a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director of each special meeting in person or by mail, telephone or by facsimile, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if delivered to their home address in a sealed wrapper addressed to the person entitled thereto or by depositing same in a post office box in a sealed post-paid wrapper addressed to his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing or delivery. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds Page 2 of 9 that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting need be specified in the notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 4. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Article 6252-17, Vernon's Ann. Civ. St., as amended. Section 5. Quorum. A majority of the directors shall constitute a quorum to conduct official business of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the Chairman of the Board shall preside. In the absence of the Chairman, the Board Vice Chairman shall preside. (c) The chairman will be a voting member of the board. (d) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 7.' ` Committees of the Board. The Board Board to may signal exerct os 12) or more directors to constitute an official committee of the authority of the Board. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Page 3 of 9 ARTICLE III OFFICERS Section 1 . Titles and Terms of Office (a) The officers of the Corporation shall be a chairman and vice-chairman of the board of directors, a president, a first vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. Terms of office shall be two (2) years with the rightto be reappointd. The Bard shall select from its members a Chairman of the Board and a V ce Chaiman ofthe Board (b) All officers shall be subject to removal from office at any time by vote of a majority of the City Council. (c) A vacancy in the office of any officer shall be filed by a vote of a majority of the directors and the City Council. Section 2. Powers and Duties of the President. The president shall be the chief operating executive officer of the Corporation, and, subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation, and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act, in their respective order. Any action taken by the vice president in the performance of the duties of the president shall be 'conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant to the City Manager shall be the first vice- president. Section 4. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. when necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank, banks or depositories a shall be designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/her duties in such form and amount as the Board or the City Council may require. The Director of Finance of the City shall be Page 4 of 9 treasurer. All check writing authority will follow applicable City policies concerning authorizations, signatures and disbursements. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages,notes and other documents and instruments, except the books of account and financial records, securities, and such other books and appears as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. The City Secretary shall be the secretary. Section 6. Any assistant treasurer and any assistant secretaries may, at the option of the Board, be employees of the City and the legal counsel shall be the attorney for the City and he shall designate any other attorney needed by the Corporation. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Facilities Capital Improvement Plan (a) It shall be the duty and obligation Improvement B Pladn tas o lnance and adopted by the l Wyliet the City "Community Services Facilities Capitalproveme Council. (b) In carrying out its obligations under section (a), the Corporation shall be authorized to exercise all rights and powers granted under the act, including, but not limited to Section 4B thereof. (c) The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. Page 5 of 9 • (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the 'Plan'). Prior to the beginning of the Fiscal Year, the president will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to the adoption of the Corporation's fiscal budget. Section 3. Annual Corporate Budget. Prior to the commencement of each Fiscal Year of the Corporation, the Board shall adopt a proposed budget of expected revenues from sources set out in Section 6 of this article and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Council. The president shall submit the budget to the City Council for approval prior to submittal to the Board for final adoption. The projection of revenues and all expenditures in the annual corporate budget will follow the guidelines outlined in the Multi-Year Financial Plan as adopted by the Board and the City Council. The budget will include administrative overhead, expenses and debt service. Section 4. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principals, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council and approved by the Board. Such an audit shall be at the expense of the Corporation. Section 5. Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ('Obligations') issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures or other agreements securing Obligations, all other monies of the Corporation, if any, shall be Page 6 of 9 deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board, with City Council approval, shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds there from for use by and for the purposes of the corporation upon the signature of its treasurer and such other persons as the Board designates. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 6. Expenditures of Corporate Money. The sales and use taxes collected pursuant to Section 4B of the Act and proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (i) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures, or other agreements submitted for the approval by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section 7 of this Article; (ii) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations may be used for the purpose of financing-or, otherwise providing one or more "Projects', as defined in Section 4B of the act. Expenditures shall be detailed in the Corporation's annual budget as approved by City Council and Board resolutions; (iii) All proposed expenditures shall be made in accordance with and shall be set forth in the Corporation's annual budget required by Section 3 of this Article or in contracts meeting the requirements of Section 1(d) of this Article. Section 7. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such Obligations by action taken prior to the date of sale of the obligations. Page 7 of 9 ARTICLE V MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. (b) The Corporation shall have and shall continually designate a registered agent at its office, as required by the Act. Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 3. Seal. The Seal of the corporation shall be determined by the Board of Directors. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be amended in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by one for the following; resolution, minute order or motion duly adopted by the City Council. Section 6. Services of City Staff and Officers. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services and the staff employees of the City. All requests for staff time or inquiries of Staff will be requested through the City Manager's Office. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. Page 8 of 9 (b) The Corporation shall indemnify each and every member of the Board, its Officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the approval of these Bylaws by the City Council; and (2) the adoption of these Bylaws by,the Corporation Board. Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation of the Corporation and these Bylaws may be amended only in the manner provided in the Articles of Incorporation and the Act. Page 9 of 9 AMENDMENTS TO BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The following Sections of the Bylaws of Wylie Park and Recreation Facilities Development Corporation adopted by Resolution 95-01 are amended as set forth below: Article II — Board of Directors, Section 1 — Powers, Numbers and Term of Office, Subsections (b) and (c) are amended to read as follows: (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Councilmember Directors and Places 5-7 are designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. These appointments will be classified as citizen member directors. (c) Each member of the Board shall be appointed by the City Council for a two (2) year term. Any vacancy occurring before a term is completed shall be filled by appointment by the City Council as set forth in the Articles of Incorporation. All directors shall have the qualifications set forth herein and in the Articles of Incorporation. Article II — Board of Directors, Section 3 — Notice of Meetings is amended to read as follows: Section 3. Notice of Meetings. To the extent that the Open Meetings Act conflicts with the provisions of this section, the Open Meetings Act shall govern. (a) Regular meetings and Special meetings of the Board shall be held, following written notice to the Directors by the City Secretary, at such times and places as shall be designated from time to time by the Board. Written notice to each Director may be provided by first class mail, electronic mail or hand delivery and shall be considered provided on the day it is sent and the written notice shall be sent on or before the date the notice of the meeting is posted at City Hall in accordance with the Open Meetings Act. Special Meetings of the Board shall be held whenever called by the Chair of the Board, by a majority of the directors, by the Mayor of the City, or by a majority of the City Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 4 hereafter. (b) The City Secretary shall give notice to each director of each Special Meeting in person, by mail, by electronic mail, or telephone, at least seventy two (72) hours before the meeting, unless deemed an emergency meeting by Section 551.045 of the Open Meetings Act. Such notice shall be considered provided on the day it is sent or on the day it is verbally conveyed or on the day a voice message is left with the notice information. Unless otherwise indicated in the notice thereof, any and all matters Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 2 of 6 pertaining to the purposes of the Corporation may be considered as acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation or said notice shall be deemed sufficient if sent by electronic mail to the person entitled thereto at his or her electronic mail address as it appears on the books of the Corporation. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Article II — Board of Directors, Section 4 — Open Meetings Act is amended to read as follows: Section 4. Open Meetings Act. Notwithstanding anything contained herein to the contrary, all meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Texas Government Code (Vernon's) Chapter 551, as amended (herein referred to as the"Open Meetings Act"). Article II — Board of Directors, Section 9 — Powers and Duties of the Chairman and Vice Chairman of the Board is added to read as follows: Section 9. Powers and Duties of the Chairman and Vice Chairman of the Board. The Chairman of the Board (the "Chair") shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board as set forth herein, to call a special meeting of the Board when in his or her judgment such a meeting is required. (d) Shall have the authority to appoint, with Board approval, standing committees to aid and assist in its business undertakings or other matters incidental to the operations and functions of the Board. Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 3 of 6 (e) Shall have the authority to appoint, with Board approval, ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the Chair shall perform all duties incidental to the office, and such other duties as shall be prescribed from time to time by the Board. The Vice Chair shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the Chair of the Board during that officer's absence or inability to act. Any action taken by the Vice Chair in the performance of the duties of the Chair of the Board shall be conclusive evidence of the Chair's absence or inability to act as Chair at the time such action was taken. Article III — Officers, Section 1 — Titles and Terms of Office and Section 3 — Vice President is amended to read as follows: Section 1. Titles and Terms of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of office shall be two (2) years,with the right of an officer to be reappointed. (b) All officers shall be elected by and be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the entire Board. (d) All officers shall be subject to removal from office at any time by a vote of the majority of the City Council. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the Vice President in performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant City Manager shall be the Vice President. Article IV — Functional Corporate Duties and Requirements, Section 1 — Facilities Capital Improvement Plan and Section 2 — Multi-Year Financial Plan are hereby amended to read as follows: Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 4 of 6 Section 1. Facilities Capital Improvement Plan. (a) It shall be the duty and obligation of the Board to finance and implement the Facilities Capital Improvement Plan as adopted by the Wylie City Council. (b) In carrying out its obligations under Section (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Section 4B thereof. (c) The President shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the "Plan'). Prior to the beginning of the Fiscal Year, the President will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to or contemporaneously with the adoption of the Corporation's fiscal budget. Article V — Miscellaneous Provisions, Section 4 — Resignations and Section 7 — Indemnification of Directors, Officers and Employees are hereby amended to read as follows: Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be tendered in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Any director no longer serving in the capacity for which he was appointed will be deemed resigned and a qualified replacement will be appointed by the City Council. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as it exists or may be amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 5 of 6 attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. Adopted this 6th day of December, 2005. Cha'l )/ an of the Board Print Name: John Mondy Attest: Secretary of the orporation Print Name: Carole Ehrlich APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE BY RESOLUTION NUMBER 2005-37(R) ON THE 6th DAY OF DECEMBER,2005. Ma r of the ity Wylie, Texas Rg‘; ,E 8 ,,,ame: John Mondy `Attest: _ a 404. City ecretary °4r Print Name: Carole Ehrlich Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 6 of 6 ' Wylie Parks and Recreation Facilities Development Corp (4B) AGENDA REPORT Meeting Date: September 9, 2014 Item Number: 3 - 4B Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 25, 2014 Budgeted Amount: Exhibits: 4B Budget Subject Consider, and act upon, approval of the FY 2014-2015 4B Budget and authorize expenditures for the FY 2014- 2015 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve FY 2014-2015 4B Budget and authorize expenditures for the FY 2014-2015 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the % cent sales tax for parks and recreation projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Mayor pro tern Keith. Stephens Councilmember Bennie Jones Councilmember Nathan Scott Coda Hampton—Parks Board Member Daniel. Chesnut—Parks Board Member Jeff Harris—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." ���� SALES ��� �������UD� �DU��K� -��� ��x��~" n ��� ox�� �o�.�� FUND The Wylie PoMx and Recreation Facilities Development Corporation (the 4B Corporation) was established to promote economic development with the City of Wylie. The activities of the 4B Corporation are accounted for in two fund types. The two funds are titled the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The special revenue fund accounts for the use of the 48 Corporation sales tax revenue and is restricted by State legislation to improve the appeal of the City as a place to live, work, visit and to promote economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the [it 's boundaries. Of this 8.25% tax, 67Y6 of the 0.5Y6 of the Ot»'sshare goes to the 4B Sales Tax Revenue Fund. 1 y f yli Fund Summary 4B Sales Tax Revenue Fund Audited 4B Sales Tax Revenue Fund Ending Balance 09/30/13 $ 1,436,995 Projected '14 Revenues 1,862,224 Available Funds 3,299,219 Projected '14 Expenditures (2,070,439) Estimated Ending Fund Balance 09/30/14 1,228,780 Estimated Beginning Fund Balance- 10/01/14 $ 1,228,780 Proposed Revenues '15 1,978,052 Proposed Expenditures '15 (1,950,684) Use of Fund Balance- New/Replacement Fleet& Equipment (240,000) Estimated Ending Fund Balance 09/30/15 1,016,148 a) a) Policy requirement is 25%of budgeted sales tax revenue($1,947,992 x 25%=$486,998) 2 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND REVENUES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED TAXES 112-4000-40210 SALES TAX 1,854,171 1,856,035 1,856,035 1,947,992 TOTAL TAXES 1,854,171 1,856,035 1,856,035 1,947,992 INTERGOVERNMENTAL REVENUE 112-4000-43514 COUNTY PARK GRANTS 49,380 0 0 0 TOTAL INTERGOVERNMENTAL REVENUE 49,380 0 0 0 SERVICE FEES 112-4000-44152 RECREATION MERCHANDISE 0 0 0 0 112-4000-44156 RECREATION CLASS FEES 0 0 0 30,000 TOTAL SERVICE FEES 0 0 0 30,000 INTEREST INCOME 112-4000-46110 ALLOCATED INTEREST EARNINGS 1,101 1,200 1,200 60 112-4000-46140 TEXPOOL INTEREST 0 0 0 0 112-4000-46143LOGICINTEREST 0 0 0 0 TOTAL INTEREST INCOME 1,101 1,200 1,200 60 OTHER FINANCING SOURCES 112-4000-49111 TRANSFER FROM GENERAL FUND 0 4,989 4,989 0 112-4000-49320 G.O.BOND PROCEEDS 0 0 0 0 112-4000-49401 BOND PREMIUM/DISCOUNT 0 0 0 0 TOTAL OTHER FINANCING SOURCES 0 4,989 4,989 0 TOTAL REVENUES 1,904,652 1,862,224 1,862,224 1,978,052 3 4B SENIOR ACTIVITIES Under the Public Services Department, this division supports the operation of the Wylie Senior Recreation Center. The Wylie Senior Recreation Center supports general recreation programming for all the citizens of Wylie ages 55 years and older. This division ensures ongoing planning and implementation of the Wylie Senior Recreation Center in addition to offering activities, wellness and educational opportunities for senior citizens of Wylie. This division provides support and supervisory assistance to all senior recreation programs. Accomplishments for FY2014 • Expand availability of transportation to the Center. • Enhance Guest experiences with additional program offerings. Objectives for FY2015 • Exceed Guest expectations for customer service by adjusting staffing levels to focus on facility and program participants. Strategic Goals:Health, Safety and Well-Being;Community Focused Government; Workforce • Enhance Guest experiences with additional and larger program offerings based on need and request. Strategic Goals:Health, Safety and Well-Being;Community Focused Government BUDGET BUDGET BUDGET BUDGET STAFFING 2011-2012 2012-2013 2013-2014 2014-2015 Recreation Supervisor 0.0 0.0 1.0 1.0 Rec. Programmer-Senior Activities 0.0 0.0 0.0 1.0 Guest Services Specialist 0.0 0.0 0.0 1.0 Recreation Attendant 0.0 0.0 1.75 0.0 Recreation Monitor 0.0 0.0 1.0 1.75 TOTAL 0.0 0.0 3.75 4.75 4 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND 4B SENIOR ACTIVITIES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 112-5613-51110 SALARIES 0 46,442 46,442 81,515 112-5613-51112 SALARIES-PART TIME 0 85,434 85,434 110,000 112-5613-51130 OVERTIME 0 0 0 0 112-5613-51140 LONGEVITY PAY 0 177 177 276 112-5613-51145 SICK LEAVE BUYBACK 0 0 0 0 112-5613-51160 CERTIFICATION INCENTIVE 0 163 163 163 112-5613-51210 CAR ALLOWANCE 0 0 0 0 112-5613-51220 PHONE ALLOWANCE 0 1,350 1,350 2,070 112-5613-51230 CLOTHING ALLOWANCE 0 0 0 0 112-5613-51310 TMRS 0 6,175 6,175 11,531 112-5613-51410 HOSPITAL&LIFE INSURANCE 0 8,694 8,694 21,494 112-5613-51420 LONE-TERM DISABILITY 0 265 265 465 112-5613-51440 FICA 0 8,206 8,206 11,901 112-5613-51450 MEDICARE 0 1,919 1,919 2,711 112-5613-51470 WORKERS COMP PREMIUM 0 1,285 1,285 2,408 112-5613-51480 UNEMPLOYMENT COMP(TWC) 0 1,350 1,350 1,890 112-5613-51510 TEMPORARY PERSONNEL 0 0 0 0 TOTAL PERSONNEL SERVICES 0 161,460 161,460 246,424 SUPPLIES 112-5613-52010 OFFICE SUPPLIES 0 1,764 1,764 1,964 112-5613-52130 TOOLS/EQUIP(NON-CAPITAL) 0 10,360 10,360 11,978 112-5613-52210 JANITORIAL SUPPLIES 0 1,925 1,925 1,925 112-5613-52250 MEDICAL&SURGICAL 0 7,600 7,600 3,100 112-5613-52310 FUEL&LUBRICANTS 0 11,183 11,183 11,910 112-5613-52610 RECREATIONAL SUPPLIES 0 6,092 6,092 8,740 112-5613-52650 RECREATION MERCHANDISE 0 545 545 1,030 112-5613-52710 WEARING APPAREL&UNIFORMS 0 150 150 150 112-5613-52810 FOOD SUPPLIES 0 10,880 10,880 16,310 TOTAL SUPPLIES 0 50,499 50,499 57,107 MATERIALS FOR MAINTENANCE 112-5613-54210 STREETS&ALLEYS 0 0 0 0 112-5613-54530 HEAVY EQUIPMENT 0 8,000 8,000 9,000 112-5613-54630 TOOLS&EQUIPMENT 0 500 500 2,500 112-5613-54650 COMMUNICATIONS 0 100 100 0 112-5613-54910 BUILDINGS 0 800 800 36,575 TOTAL MATERIALS FOR MAINTENANCE 0 9,400 9,400 48,075 CONTRACTUAL SERVICES 112-5613-56040 SPECIAL SERVICES 0 8,545 8,545 37,725 112-5613-56080 ADVERTISING 0 3,751 3,751 3,551 112-5613-56110 COMMUNICATIONS 0 600 600 600 112-5613-56140 REC CLASS EXPENSES 0 11,000 11,000 26,000 112-5613-56180 RENTAL 0 10,320 10,320 9,660 112-5613-56210 TRAVEL&TRAINING 0 5,000 5,000 6,776 112-5613-56250 DUES&SUBSCRIPTIONS 0 800 800 1,370 112-5613-56360 ACTIVENET ADMINISTRATIVE FEES 0 500 500 500 TOTAL CONTRACTUAL SERVICES 0 40,516 40,516 86,182 5 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND 4B SENIOR ACTIVITIES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 112-5613-58110 LAND-PURCHASE PRICE 0 0 0 0 112-5613-58150 LAND-BETTERMENTS 0 0 0 0 112-5613-58510 MOTOR VEHICLES 0 75,000 75,000 27,000 112-5613-58530 HEAVY EQUIPMENT 0 0 0 0 112-5613-58830 FURNITURE&FIXTURES 0 50,375 50,375 0 112-5613-58840 OUTDOOR FURNITURE&EQUIP 0 0 0 0 112-5613-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 112-5613-58910 BUILDINGS 0 0 0 0 TOTAL CAPITAL OUTLAY 0 125,375 125,375 27,000 TOTAL 413 SENIOR ACTIVITIES 0 387,250 387,250 464,788 6 4B PARKS The 48 Parks is responsible for the development and maintenance of parks. This is a division of the Public Services Department. The 4B Sales Tax Revenue Fund, 48 Parks, is a supplemental cost-center to the General Fund's Parks Department. The sales tax revenue is restricted by State legislation to improving the appeal of the City as a place to live, work, and visit and promoting economic development. Accomplishments for FY2014 • Continued development of engineering and plans related to the Municipal Center Trails project. • Replaced several aging trucks and pieces of heavy equipment in the Parks Division fleet. • Continued quality maintenance to the City's parks, open spaces, playgrounds, athletic fields, and public buildings. Objectives for FY2015 • Coordinate the construction of the Municipal Trails Project. Strategic Goals:Health, Safety and Well-Being;Infrastructure • Identify new development opportunities at existing parks and dedicated park land. Strategic Goals:Infrastructure;Planning Management; Community Focused Government • Continue providing quality maintenance of parks and open spaces. Strategic Goals:Health, Safety and Well-Being;Community Focused Government BUDGET BUDGET BUDGET BUDGET STAFFING 2011-2012 2012-2013 2013-2014 2014-2015 Parks& Recreation Superintendent 0.0 0.5 0.5 0.5 Field Supervisor 1.0 1.0 1.0 1.0 Maintenance Worker 2.0 3.0 3.0 3.0 TOTAL 3.0 4.5 4.5 4.5 7 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND 4B PARKS 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 112-5614-51110 SALARIES 184,917 203,054 203,054 211,286 112-5614-51130 OVERTIME 3,822 12,000 12,000 9,000 112-5614-51140 LONGEVITY PAY 1,700 1,604 1,604 1,804 112-5614-51145 SICK LEAVE BUYBACK 0 0 0 0 112-5614-51160 CERTIFICATION INCENTIVE 1,656 1,500 1,500 1,890 112-5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 112-5614-51210 CAR ALLOWANCE 0 0 0 0 112-5614-51220 PHONE ALLOWANCE 1,200 1,350 1,350 1,200 112-5614-51230 CLOTHING ALLOWANCE 2,880 2,880 2,880 3,240 112-5614-51310 TMRS 25,001 29,088 29,088 31,919 112-5614-51410 HOSPITAL&LIFE INSURANCE 45,315 45,464 45,464 37,713 112-5614-51420 LONG-TERM DISABILITY 345 1,075 1,075 1,204 112-5614-51440 FICA 10,546 13,704 13,704 14,065 112-5614-51450 MEDICARE 2,551 3,205 3,205 3,290 112-5614-51470 WORKERS COMP PREMIUM 1,316 3,409 3,409 4,584 112-5614-51480 UNEMPLOYMENT COMP(TWC) 39 1,215 1,215 1,215 112-5614-51510 TEMPORARY PERSONNEL 5,278 0 0 0 TOTAL PERSONNEL SERVICES 286,566 319,548 319,548 322,410 SUPPLIES 112-5614-52130 TOOLS/EQUIP(NON-CAPITAL) 0 12,698 12,698 39,000 112-5614-52250 MEDICAL&SURGICAL 0 0 0 0 112-5614-52310 FUEL&LUBRICANTS 0 3,750 3,750 150 112-5614-52710 WEARING APPAREL&UNIFORMS 0 0 0 0 112-5614-52810 FOOD SUPPLIES 46 0 0 0 TOTAL SUPPLIES 46 16,448 16,448 39,150 MATERIALS FOR MAINTENANCE 112-5614-54530 HEAVY EQUIPMENT 0 1,250 1,250 1,200 TOTAL MATERIALS FOR MAINTENANCE 0 1,250 1,250 1,200 CONTRACTUAL SERVICES 112-5614-56040 SPECIAL SERVICES 3,500 0 0 25,500 112-5614-56110 COMMUNICATIONS 0 0 0 0 112-5614-56210 TRAVEL&TRAINING 2,348 2,495 2,495 2,500 112-5614-56250 DUES&SUBSCRIPTIONS 223 320 320 310 TOTAL CONTRACTUAL SERVICES 6,071 2,815 2,815 28,310 CAPITAL OUTLAY 112-5614-58110 LAND-PURCHASE PRICE 0 0 0 0 112-5614-58150 LAND-BETTERMENTS 0 0 0 0 112-5614-58510 MOTOR VEHICLES 0 25,000 25,000 88,500 112-5614-58530 HEAVY EQUIPMENT 0 0 0 0 112-5614-58570 ENGINEERING/ARCHITECTURAL 11,217 40,000 40,000 10,000 112-5614-58830 FURNITURE&FIXTURES 0 0 0 0 112-5614-58840 OUTDOOR FURNITURE&EQUIP 45,050 0 0 0 112-5614-58850 MAJOR TOOLS&EQUIPMENT 0 28,447 28,447 15,500 112-5614-58910 BUILDINGS 0 0 0 0 TOTAL CAPITAL OUTLAY 56,267 93,447 93,447 114,000 TOTAL 4B PARKS 348,950 433,508 433,508 505,070 8 4B BART PEDDICORD COMMUNITY CENTER Under the Public Services Department, this division supports recreation administrative and programming functions of the Bart Peddicord Community Center. The Bart Peddicord Community Center provides space for recreation programs, city functions, special events, private rental revenue and non-profit meeting space. The division is funded by 4B Sales Tax revenue. Accomplishments for FY2014 • Enhanced rental experience by offering daytime rental hours. Objectives for FY2015 • Minimize budgetary impact while continuing to provide desirable meeting and party rental space. Strategic Goals:Health, Safety and Well-Being;Community Focused Government;Financial Health BUDGET BUDGET BUDGET BUDGET STAFFING 2011-2012 2012-2013 2013-2014 2014-2015 Recreation Supervisor 1.0 1.0 0.0 0.0 Recreation Attendant 2.75 2.75 1.0 0.0 Recreation Monitor 1.0 1.0 0.0 1.0 TOTAL 4.75 4.75 1.0 1.0 9 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND 4B BART PEDDICORD CTR 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 112-5615-51110 SALARIES 48,039 0 0 0 112-5615-51112 SALARIES-PART TIME 75,266 28,024 28,024 15,000 112-5615-51130 OVERTIME 0 0 0 0 112-5615-51140 LONGEVITY PAY 132 0 0 0 112-5615-51145 SICK LEAVE BUYBACK 0 0 0 0 112-5615-51160 CERTIFICATION INCENTIVE 6 0 0 0 112-5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 112-5615-51210 CAR ALLOWANCE 0 0 0 0 112-5615-51220 PHONE ALLOWANCE 1,200 0 0 0 112-5615-51230 CLOTHING ALLOWANCE 300 0 0 0 112-5615-51310 TMRS 6,702 0 0 0 112-5615-51410 HOSPITAL&LIFE INSURANCE 9,679 0 0 0 112-5615-51420 LONG-TERM DISABILITY 148 0 0 0 112-5615-51440 FICA 8,724 1,738 1,738 930 112-5615-51450 MEDICARE 1,955 407 407 218 112-5615-51470 WORKERS COMP PREMIUM 978 463 463 303 112-5615-51480 UNEMPLOYMENT COMP(TWC) 360 540 540 540 TOTAL PERSONNEL SERVICES 153,490 31,172 31,172 16,991 SUPPLIES 112-5615-52010 OFFICE SUPPLIES 1,704 804 804 780 112-5615-52070 COMPUTER SOFTWARE 0 0 0 0 112-5615-52130 TOOLS/EQUIP(NON-CAPITAL) 3,286 9,435 9,435 930 112-5615-52210 JANITORIAL SUPPLIES 1,150 1,000 1,000 600 112-5615-52250 MEDICAL&SURGICAL 0 2,310 2,310 250 112-5615-52310 FUEL&LUBRICANTS 4,811 0 0 0 112-5615-52610 RECREATIONAL SUPPLIES 5,473 580 580 580 112-5615-52650 RECREATION MERCHANDISE 0 0 0 0 112-5615-52710 WEARING APPAREL&UNIFORMS 30 0 0 0 112-5615-52810 FOOD SUPPLIES 7,620 0 0 0 112-5615-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 24,074 14,129 14,129 3,140 MATERIALS FOR MAINTENANCE 112-5615-54210 STREETS&ALLEYS 8,716 0 0 0 112-5615-54510 MOTOR VEHICLES 0 0 0 0 112-5615-54530 HEAVY EQUIPMENT 4,444 0 0 0 112-5615-54630 TOOLS&EQUIPMENT 0 500 500 0 112-5615-54650 COMMUNICATIONS 0 0 0 0 112-5615-54810 COMPUTER HARD/SOFTWARE 0 0 0 0 112-5615-54910 BUILDINGS 9,965 0 0 0 TOTAL MATERIALS FOR MAINTENANCE 23,124 500 500 0 CONTRACTUAL SERVICES 112-5615-56040 SPECIAL SERVICES 5,493 9,320 9,320 7,475 112-5615-56080 ADVERTISING 734 200 200 0 112-5615-56110 COMMUNICATIONS 390 0 0 0 112-5615-56140 REC CLASS EXPENSES(COMM CTR) 3,296 0 0 0 112-5615-56180 RENTAL 3,713 4,680 4,680 3,720 112-5615-56210 TRAVEL&TRAINING 2,427 0 0 0 112-5615-56250 DUES&SUBSCRIPTIONS 414 680 680 1,500 112-5615-56360 ACTIVENET ADMINISTRATIVE FEES 0 0 0 0 TOTAL CONTRACTUAL SERVICES 16,467 14,880 14,880 12,695 10 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND 4B BART PEDDICORD CTR 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 112-5615-58150 LAND-BETTERMENTS 0 0 0 0 112-5615-58810 COMPUTER HARD/SOFTWARE 0 0 0 0 112-5615-58830 FURNITURE&FIXTURES 0 8,000 8,000 0 112-5615-58850 MAJOR TOOLS&EQUIPMENT 9,049 0 0 0 112-5615-58910 BUILDINGS 31,450 0 0 0 112-5615-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 40,500 8,000 8,000 0 TOTAL 4B BART PEDDICORD CTR 257,655 68,681 68,681 32,826 11 4B SALES TAX REVENUE COMBINED SERVICES This department reflects expenditures incurred by the City's 4B Sales Tax Revenue Fund, as a single entity, in the conduct of its operations. These expenditures include debt service payments, etc. 12 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 112-4B SALES TAX REVENUE FUND COMBINED SERVICES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED OTHER FINANCING(USES) 112-5000-59125 TRANSFER TO RECREATION FUND 697,596 650,000 650,000 650,000 112-5000-59132 TRANSFER TO 4B DEBT SERVICE 568,000 531,000 531,000 538,000 TOTAL OTHER FINANCING(USES) 1,265,596 1,181,000 1,181,000 1,188,000 TOTAL COMBINED SERVICES 1,265,596 1,181,000 1,181,000 1,188,000 13 Fund Summary 4B Debt Service Funds Audited 4B Debt Service Funds Ending Balance 09/30/13 $ 203,081 Projected '14 Revenues 531,000 Available Funds 734,081 Projected '14 Expenditures (530,627) Estimated Ending Fund Balance 09/30/14 $ 203,454 Estimated Beginning Fund Balance- 10/01/14 $ 203,454 Proposed Revenues '15 538,000 Proposed Expenditures '15 (537,619) Estimated Ending Fund Balance 09/30/15 $ 203,835 153 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 312-4B DEBT SERVICE FUND 1996 REVENUES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED INTEREST INCOME 312-4000-46110 ALLOCATED INTEREST EARNINGS 156 0 0 0 312-4000-46140 TEXPOOL INTEREST 0 0 0 0 312-4000-46143LOGICINTEREST 0 0 0 0 312-4000-46210 BANK MONEY MARKET INTEREST 1 0 0 0 TOTAL INTEREST INCOME 157 0 0 0 OTHER FINANCING SOURCES 312-4000-49131 TRANSFER FROM SPECIAL REVENUE 0 0 0 0 312-4000-49132 TRANSFER FROM 4B REVENUE 147,000 150,000 150,000 148,000 312-4000-49133 TRANSFER FROM 4B DEBT SERVICE 0 0 0 0 TOTAL OTHER FINANCING SOURCES 147,000 150,000 150,000 148,000 TOTAL REVENUES 147,157 150,000 150,000 148,000 154 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 312-4B DEBT SERVICE FUND 1996 COMBINED SERVICES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED DEBT SERVICE&CAP.REPL 312-5000-57110 DEBT SERVICE-BOND DEBT 120,000 130,000 130,000 135,000 312-5000-57210 DEBT SERVICE-INTEREST 26,085 19,148 19,148 11,794 312-5000-57310 DEBT SERVICE-FISCAL AGENT FEES 716 720 720 900 TOTAL DEBT SERVICE&CAP.REPL 146,801 149,868 149,868 147,694 TOTAL COMBINED SERVICES 146,801 149,868 149,868 147,694 155 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 313-4B DEBT SERVICE FUND 2005 REVENUES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED INTEREST INCOME 313-4000-46110 ALLOCATED INTEREST EARNINGS 105 0 0 0 313-4000-46140 TEXPOOL INTEREST 0 0 0 0 313-4000-46143LOGICINTEREST 0 0 0 0 313-4000-46210 BANK MONEY MARKET INTEREST 0 0 0 0 TOTAL INTEREST INCOME 105 0 0 0 OTHER FINANCING SOURCES 313-4000-49131 TRANSFER FROM SPECIAL REVENUE 0 0 0 0 313-4000-49132 TRANSFER FROM 4B REVENUE 421,000 381,000 381,000 390,000 313-4000-49300 BOND PREMIUM FROM DEBT ISSUE 173,591 0 0 0 313-4000-49500 BONDS ISSUED 3,440,000 0 0 0 TOTAL OTHER FINANCING SOURCES 4,034,591 381,000 381,000 390,000 TOTAL REVENUES 4,034,697 381,000 381,000 390,000 156 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2014-2015 313-4B DEBT SERVICE FUND 2005 COMBINED SERVICES 2012-2013 2013-2014 2013-2014 2014-2015 ACTUAL BUDGET PROJECTED PROPOSED DEBT SERVICE&CAP.REPL 313-5000-57110 DEBT SERVICE-BOND DEBT 245,000 255,000 255,000 300,000 313-5000-57210 DEBT SERVICE-INTEREST 100,439 125,459 125,459 89,925 313-5000-57310 DEBT SERVICE-FISCAL AGENT FEES 0 300 300 0 313-5000-57420 BOND ISSUE COSTS 44,539 0 0 0 TOTAL DEBT SERVICE&CAP.REPL 389,977 380,759 380,759 389,925 OTHER FINANCING(USES) 313-5000-59132 TRANSFER TO 4B DEBT SERVICE 0 0 0 0 313-5000-59400 PAY TO REFUNDING AGENT 3,641,437 0 0 0 TOTAL OTHER FINANCING(USES) 3,641,437 0 0 0 TOTAL COMBINED SERVICES 4,031,414 380,759 380,759 389,925 157 CITY OF WYLIE 4B SALES TAX SUPPORTED DEBT DEBT SERVICE REQUIREMENTS FISCAL YEAR 2014-2015 Required Required Total Principal Interest Required 2014-2015 2014-2015 2014-2015 SALES TAX REVENUE BONDS (FUND 312): 1996 135,000 11,794 146,794 TOTAL 135,000 11,794 146,794 GENERAL OBLIGATION BONDS (FUND 313): 2013 35,000 84,625 119,625 TOTAL 35,000 84,625 119,625 COMBINATION TAX&REVENUE CERTIFICATES OF OBLIGATION(FUND 313): 2005 265,000 5,300 270,300 TOTAL 265,000 5,300 270,300 160 CITY OF WYLIE 4B SALES TAX SUPPORTED DEBT TOTAL DEBT SERVICE REQUIREMENTS Period Total Ending Principal Interest Debt Service SALES TAX REVENUE BONDS(FUND 312): 9/30/2015 135,000 11,794 146,794 9/30/2016 145,000 4,024 149,024 TOTAL 280,000 15,818 295,818 GENERAL OBLIGATION BONDS(FUND 313): 9/30/2015 35,000 84,625 119,625 9/30/2016 305,000 81,988 386,988 9/30/2017 310,000 75,050 385,050 9/30/2018 325,000 67,150 392,150 9/30/2019 325,000 60,650 385,650 9/30/2020 335,000 54,050 389,050 9/30/2021 345,000 47,250 392,250 9/30/2022 345,000 38,625 383,625 9/30/2023 360,000 28,050 388,050 9/30/2024 370,000 17,100 387,100 9/30/2025 385,000 5,775 390,775 TOTAL 3,440,000 560,313 4,000,313 COMBINATION TAX&REVENUE CERTIFICATES OF OBLIGATION(FUND 313): 9/30/2015 265,000 5,300 270,300 TOTAL 265,000 5,300 270,300 164 OF hitt fi y 1Wylie City Council :7,-; ,= AGENDA REPORT g 411s$ or v Meeting Date: September 9, 2014 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 20, 2014 Budgeted Amount: Exhibits: 6 Subject Hold a Public Hearing and consider, and act upon a change in zoning from Agricultural (A/30) and Planned Development 93-29 to Planned Development-Single-Family(PD-SF), for single-family residential development on approximately 38 acres, located east of W.A. Allen Blvd. and north of Stone Road, immediately east of Stone Grove Addition. ZC 2014-05 Recommendation Motion to approve amending the zoning from Agricultural (A/30) and Planned Development 93-29 to Planned Development-Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located east of W.A. Allen Blvd. and north of Stone Road, immediately east of Stone Grove Addition. ZC 2014-05 Discussion Owner: Donald L. &Marilyn Light; Robert&Elaine Schraplau,Betty Housewright Applicant: Douglas Properties,Inc. The applicant is requesting to establish permanent zoning on approximately 38 acres of land, of which 18 acres was recently annexed into the city. The subject property shall be developed in accordance with attached planned development conditions (Exhibit "B") to create a residential development of single family dwellings, and to provide connections to existing Stone Grove Phase I Addition to the west. Stone Grove Phase I was zoned in the early 1990s to allow for single family dwellings in accordance with the SF-1 District guidelines. SF-1 Districts allows for minimum 10,000 square foot lots,with a minimum dwelling size of 1,800 s.f. The PD established and set a minimum dwelling size of 2,000 square feet, and that no garage entry shall face or open to any street. The subject PD specifies minimum lot size of 8,500 s.f with dwelling sizes range from a minimum of 1,800 sf to 2,200 sf, with 50% being 2,200 sf or greater. Maximum number of lots not to exceed 140 lots. No alleys are required within the subdivision. All lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder. Maintenance of the park area will be the responsibility of the HOA. The subject tract will connect to S. W. A. Allen to the west and to Stone Road to the south. An eight foot Hike & Bike Trail will connect City parkland in the Avalon Addition and continue to W.A. Allen. The Parks Board unanimously approved the dedication of parkland with the stipulation that the developer would try to install an eight-foot wide Hike and Bike trail at the rear of the lots on Street A instead of the five-foot wide trail in front of the lots on Street A. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Notification/Responses: Seventy-Nine (79) notifications were mailed; with three (3) written responses returned favoring the request and five(5)responses opposing the request at the time of posting. PLANNING& ZONING COMMISSION DISCUSSION: The Commissioners heard from several residents within the surrounding area their concerns regarding drainage and flooding issues. The applicant stated that a flood study would be conducted prior to any work being done on the property and must be approved by the City Engineer. Staff further explained the development process, i.e., platting & the submission and approval of civil drawings. All plats are approved subject to additions and alterations as required by the City Engineer. Part of that process also includes requirements for erosion control and proper maintenance of roadways during construction. The Planning and Zoning Commission voted 5-0 to recommend approval. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 ‘4..< I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014,6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name2ife.,76 (please t� Address: Ga d 5 '5 6( (6' Signature: /16.4 Date: 7-- 2.- ' ' l COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 / 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014,6:30 pm Municipal Complex,300 Country Club Road, Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Name: '�- . 4 r t' ,e5 . /7[1 c,4. S 44 W'/'-- • 9 f'i i- -. (please print) ✓ Address: /70 ,/3 la ra ,�`T a,�,� Signature: , ariz „e„.►y Date: ( e„, 6!/ COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014, 6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Name: r t- ° �.� -c (please print) Address: _ ertik Signature: -Ck Date: 1s1 St COMMENTS: LED AUG 11 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014,6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: SO- CQ10 Q. (please print) Address: 005 F x woo A, Lk. L,,7t c. 7 . -75Q943 Signature: Date: 8 i 1 1 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#20I4-05. I am AGAINST the requested zoning as explained on the attached public notice for ZoniaCase#2014-05 Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,20I4, 6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road, Building 100, Wylie,Texas tt Name: FIJIIP 0-6 $ AVA Yl t'4 't 41C'I, (please print) } � R Address: J.m. VC? �..k O L tl�, propetij I Fs•- 1 / 0 UHOike-, '75° 9 g Signature: ' l�l&A)4d 1.1�,� ���,, , 5 Date: SI- `-i- i y COMMENTS: IA 4r _ be. c-tioi.vvR . 10 Y A. ('. 1 �_ i,4.•4 -4- G 0,ce GaitY joA ig '.1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014=05. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date, Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Dr Name: a,- , a_ (Pleas rind _ �a Address: I Ifs i,, t Signature: Date: AL-tit COMMENTS: '6 l A I- '..D AUG 1 1 2014 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August I9,2014,6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie, Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Name: ' f t fr 1 ( (``- (please print) �/ Address: y`zooL�' LeL., 7 Signature: Date: 1431111)4 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2014-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2014-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 19,2014,6:30 pm Municipal Complex,300 Country Club Road,Building 100, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 9,2014,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: AO r' n tJ A orol° () 01 1 at-cif (please3 0 print)-) 1::0 LJ D C LA Address: W �Sii•-. 7 --7c09V Signature: 01 r-+---✓ 6.) - I. %-i- � 0 (�,0 r: n c, 1� >< rJ d r Date: 14 1 i 9 i a,a l y COMMENTS: ,-. 1 • il rjt t1jJ .. . ! d— niifr s i1i11�1�lt riaillmit !� Tamp' Cy��' nnlj1ipm d tam Subject11 II_.-1(I}LI�m�?� � .Property it111111€1��. I I U -C - C- �' �tm'n�In111II lit 8 �1� p nI nnnmm�Cfir 1 �p�•..IInIIummi nuu inlll ni/� 5 - i ■� `��. 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't{ z}sttt =4t E?31 }"y tAaio 4t - r �+ t z}sS 11z1"y <sz .z{ turt�I }.. {4 xI 4 €t rrri i rI 1 s£t z J+jibs 3 ` sP1{s s{ # �t i `;' V « ,.1`}i '':: 4 40„ ,xSztj , �z,r 1..><',.1l vai g t� t42 rt r; .,it }{ ' ^#rz - "!:yS 1 #u!. }�Nt t € ;? __., y , - ,,,z», ,.� �y ., , ,.,, ,.,> .., r, .t.2 l r {a zuzrs � S✓.a. �: IIU� nut ti FTeris 11 1 giI , _ _ Fil ' U NOTIFICATION REPORT APPLICANT: Jim Douglas with Douglas Properties, Inc. APPLICATION FILE #2014-05 2309 Avenue K#100 Plano, Texas 75074 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Jim Douglas 2309 Avenue K#100 1 Douglas Properties,Inc. Plano,Texas 75074 16 Las Cruces Circle 2 Abst 688 Tract 206 R-6688-005-2060-1 Don Light Wylie,Texas 75098 PO Box 174 O 3 Abst 688 Tract 123 R-6688-005-1230-1 Betty Housewright Wylie,Texas 75098 PO Box 573 4 Abst 688 Tract 122 R-6688-005-1220-I Robert Schraplau Wylie,Texas 75098 300 Country Club Road#100 5 Sndy 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098 Stone Grove 300 Country Club Road#100 6 --- Lot 1 R-2248-000-0010-1 City of Wylie Wylie,Texas 75098 Stone Grove 300 Country Club Road#100 7 --- Lot 2 R-2248-000-0020-1 , City of Wylie Wylie,Texas 75098 Stone Grove 315 Foxwood Lane 8 Blk B Lot 21 R-2248-OOB-0210-1 Charles Osborne Wylie,Texas 75098 Stone Grove 313 Foxwood Lane 9 Blk B Lot 22 R-2248-00B-0220-1 Bobby Bennett Wylie,Texas 75098 Stone Grove 311 Foxwood Lane 10 Blk B Lot 23 R-2248-00B-0230-1 Jake Morrow Wylie,Texas 75098 Stone Grove 309 Foxwood Lane 11 Blk B Lot 24 R-2248-00B-0240-1 Gregory Termine Wylie,Texas 75098 Stone Grove 307 Foxwood Lane 12 BIk B Lot 25 R-2248-00B-0250-1 Norine Alexander Wylie,Texas 75098 Stone Grove 305 Foxwood Lane X 13 BIk B Lot 26 R-2248-OOB-0260-1 Scott Cape Wylie,Texas 75098 Stone Grove 303 Foxwood Lane 14 Blk B Lot 27 R-2248-OOB-0270-1 Michael Wietecha Wylie,Texas 75098 Stone Grove 301 Foxwood Lane 15 Blk B Lot 28 R-2248-OOB-0280-1 Mark Garner Wylie,Texas 75098 Stone Grove 1023 Foxwood Lane 16 Blk B Lot 7 R-2248-00B-0070-1 John Knackstadt Wylie,Texas 75098 Stone Grove 513 Foxwood Lane 17 Blk B Lot 8 R-2248-00B-0080-1 Kevin Belew Wylie,Texas 75098 Stone Grove 511 Foxwood Lane 18 Blk B Lot 9 R-2248-00B-0090-1 Paul Davis Wylie,Texas 75098 Stone Grove 509 Foxwood Lane 19 B&B Lot 10A R-2248-00B-010A-1 Paul Curtis Wylie,Texas 75098 Stone Grove 505 Foxwood Lane 20 Blk B Lot 12 R-2248-00B-0120-1 Michael Crump Wylie,Texas 75098 Stone Grove 503 Foxwood Lane X 21 Blk B Lot 13 R-2248-00B-0130-1 Harold Williams Wylie,Texas 75098 Stone Grove 501 Foxwood Lane 22 Blk B Lot 14 R-2248-OOB-0140-1 Andy Sawyer Wylie,Texas 75098 Stone Grove 411 Foxwood Lane 23 Blk B Lot 15 R-2248-OOB-0150-1 Mary Barbee Wylie,Texas 75098 Stone Grove 409 Foxwood Lane 24 Blk B Lot 16 R-2248-OOB-0160-1 Brian Edgar Wylie,Texas 75098 Stone Grove 407 Foxwood Lane 25 Blk B Lot 17 R-2248-00B-0170-1 Robert Endsley Wylie,Texas 75098 Stone Grove 405 Foxwood Lane 26 Blk B Lot 18 R-2248-00B-0180-1 Joseph Zaborsky Wylie,Texas 75098 Stone Grove 403 Foxwood Lane 27 Blk B Lot 19 R-2248-00B-0190-1 Christopher Driscoll Wylie,Texas 75098 Stone Grove 401 Foxwood Lane 28 Blk B Lot 20 R-2248-00B-0200-1 William Cobb Wylie,Texas 75098 Stone Grove 1022 Foxwood Lane 29 Blk A Lot 21 R-2248-00A-0210-1 John Jackson Wylie,Texas 75098 Stone Grove 1022 Foxwood Lane 30 Blk A Lot 22 R-2248-00A-0220-1 John Jackson Wylie,Texas 75098 Stone Grove 215 S.WA Allen Boulevard 31 Blk G Lot 2 R-2248-00G-0020-1 Ted Burdett Wylie,Texas 75098 Bozman Farms 1323 Valley Stream Circle 32 Blk A Lot 27 R-8907-OOA-0270-1 Diana Soliz Wylie,Texas 75098 Bozman Farms 1325 Clear Creek Drive 33 Blk A Lot 28 R-8907-OOA-0280-1 Beverly Ballard Wylie,Texas 75098 Bozman Farms 102 Briar Oak Drive 34 Mk A Lot 29 R-8907-00A-0290-1 Angelica Hernandez Murphy,Texas 75094 Bozman Farms 1329 Clear Creek Drive 35 Blk A Lot 30 R-8907-00A-0300-1 Mark Hendrickson Wylie,Texas 75098 Bozman Farms 9030 Lorton Station Boulevard#434 36 B1k A Lot 31 R-8907-OOA-0310-1 Robert Benson Lorton,VA 22079 Bozman Farms 1333 Clear Creek Drive 37 Blk A Lot 32 R-8907-OOA-0320-1 Robert Kliewer Wylie,Texas 75098 Bozman Farms 300 Country Club Road#100 38 Blk A Lot 33 R-8907-00A-0330-1 City of Wylie Wylie,Texas 75098 Kreymer Estates 226 Lyndhurst Drive 39 Blk C Lot 14 R-10377-00C-0140-1 David Buchta Wylie,Texas 75098 Eastridge Addn 1111 Surrey Circle 40 Blk D Lot 24 R-2114-00D-0240-1 Dawn Rossomando Wylie,Texas 75098 Eastridge Addn 1113 Surrey Circle 41 Blk D Lot 25R R-2114-00D-025R-1 Angela Cheshier Wylie,Texas 75098 Eastridge Addn 1203 Surrey Circle 42 Blk D Lot 26R R-2114-00D-026R-1 Robert Shewmake Wylie,Texas 75098 Eastridge Addn 1205 Surrey Circle 43 Blk D Lot 27 R-2114-00D-0270-1 David Bertrand Wylie,Texas 75098 Eastridge Addn 1207 Surrey Circle 44 Blk D Lot 28 R-2114-00D-0280-1 Jerry Norman Wylie,Texas 75098 Eastridge Addn 1209 Surrey Circle 45 Blk D Lot 29 R-2114-OOD-0290-1 Melissa Peel Wylie,Texas 75098 Eastridge Addn 1211 Surrey Circle 46 Blk D Lot 30 R-2114-00D-0300-1 Kelly Harden Wylie,Texas 75098 Eastridge Addn 1213 Surrey Circle 47 Elk D Lot 31 R-2114-00D-0310-1 Gary Lightsey Wylie,Texas 75098 Eastridge Addn 209 S.WA Allen Boulevard 48 Elk E Lot 13R R-2114-00E-013R-1 Adriel Garcia Wylie,Texas 75098 Eastridge Addn 213 S.WA Allen Boulevard 49 Elk E Lot 15 R-2114-00E-0150-1 Jermaine Williams Wylie,Texas 75098 Eastridge Addn 1202 Surrey Circle 50 Blk G Lot 6 R-2114-00G-0060-1 Hillary Mueller Wylie,Texas 75098 Eastridge Addn 1204 Surrey Circle 51 Elk G Lot 7 R-2114-00G-0070-1 Galen McClintock Wylie,Texas 75098 Eastridge Addn 1206 Surrey Circle 52 Blk G Lot 8 R-2114-OOG-0080-1 Donna Lozano Wylie,Texas 75098 Eastridge Addn 1208 Surrey Circle 53 Elk G Lot 9 R-2114-OOG-0090-1 David Drummond Wylie,Texas 75098 Eastridge Addn 1210 Surrey Circle 54 Blk G Lot 10 R-2114-00G-0100-1 Judson Hardage Wylie,Texas 75098 Oak Meadow 205 S.Rolling Meadow Drive 55 Blk E Lot 12 R-4290-00E-0120-1 Paolo Mannaferro Wylie,Texas 75098 Oak Meadow 207 S.Rolling Meadow Drive 56 Elk E Lot 13 R-4290-00E-0130-1 Gail Jones-Allen Wylie,Texas 75098 Oak Meadow 209 S.Rolling Meadow Drive 57 Blk E Lot 14 R-4290-00E-0140-1 Mark Foster Wylie,Texas 75098 Oak Meadow 404 Seleta Drive 58 Blk E Lot 15 R-4290-00E-0150-1 Dale Hughes Murphy,Texas 75094 Oak Meadow 111 S.Bending Oak Lane 59 Blk F Lot 11 R-4290-00E-0110-1 Steven Ash Wylie,Texas 75098 Oak Meadow 6707 Prairie Fire Road 60 Blk G , Lot 3 R-4290-00G-0030-1 Camilo Orozco Arlington,Texas 76002 Oak Meadow lA 205 Chatelain Drive-St Albert Ab 61 Blk G Lot 4 R-4290-OOG-0040-1 K2 Real Estate LP T8N 5A4,Canada Oak Meadow 108 S.Bending Oak Lane 62 Blk G Lot 5 R-4290-00G-0050-1 Darlene Boykin Wylie,Texas 75098 Oak Meadow PO Box 1223 63 Blk G Lot 6 R-4290-00G-0060-1 Sean Reising Wylie,Texas 75098 Oak Meadow 112 S.Bending Oak Lane 64 Blk G Lot 7 R-4290-00G-0070-1 Elizabeth McBride Wylie,Texas 75098 Oak Meadow 114 S.Bending Oak Lane 65 Blk G Lot 8 R-4290-00G-0080-1 Mary Hahn Wylie,Texas 75098 Oak Meadow 116 S.Bending Oak Lane X 66 Blk G Lot 9 R-4290-OOG-0090-1 Ginger McLean Wylie,Texas 75098 Oak Meadow 118 S.Bending Oak Lane 67 Blk G Lot 10 R-4290-OOG-0100-1 Kelly Kaplan Wylie,Texas 75098 Oak Meadow 120 S.Bending Oak Lane 68 Elk G Lot 11 R-4290-00G-0110-1 Titus O'Bryant Wylie,Texas 75098 Oak Meadow 122 S.Bending Oak Lane 69 Blk G Lot 12 R-4290-00G-0120-1 Dean Short Wylie,Texas 75098 Oak Meadow 124 S.Bending Oak Lane 70 Blk G Lot 13 R-4290-00G-0130-1 Leatrice Arlie Wylie,Texas 75098 Oak Meadow 3616 Tree Shadow Trail 71 Blk G Lot 14 R-4290-00G-0140-1 Brian Evans Plano,Texas 75074 Oak Meadow 204 S.Rolling Meadow Drive 72 Blk G Lot 15 R-4290-00G-0150-1 William Dauria Wylie,Texas 75098 Oak Meadow 206 S.Rolling Meadow Drive 73 Blk G Lot 16 R-4290-00G-0160-1 Ronald Freeman Wylie,Texas 75098 Oak Meadow 208 S.Rolling Meadow Drive 74 Blk G Lot 17 R-4290-00G-0170-1 Mary Johnston Wylie,Texas 75098 Avalon Addn Avalon Owners Association 2500 Legacy Drive 75 Elk X Lot 8 R-9031-00X-0080-1 do Lone Star Management Frisco,Texas 75034 Avalon Addn 203 Kings Court 76 Blk J Lot 4 R-9031-00J-0040-1 Maria Leinen Wylie,Texas 75098 Avalon Addn 205 Kings Court 77 Blk J Lot 5 R-9031-00J-0050-1 Robert Cunningham Wylie,Texas 75098 Avalon Addn 2047 Kings Court 78 Blk J Lot 6 R-9031-00J-0060-1 Evan Brown Wylie,Texas 75098 Avalon Addn 300 Country Club Road#100 79 Elk J Lot 7 R-9031-00J-0070-1 City of Wylie Wylie,Texas 75098 EXHIBIT A WILSON CREEK Wylie, Texas Tipton Engineering, Inc. 07/16/14 Description Unit Qty Price Amount PARK IMPROVE ENTS Phase I 8 ' Hike and Bike Trail LF 1,675 41.67 69,791.67 1 t adnl H & B trail in front of houses LF 3,410 5.21 17,766.10 Retaining walls for the H & B trail LS 1 18,000.00 18,000.00 irrigation LS 1 25,000.00 25,000.00 Trash Receptacles EA 2 800.00 1,600.00 Trail crossing W.A. Allen EA 1 20,000.00 20,000.00 Park Benches EA 4 1,875.00 7,500.00 Picnic Tables EA 1 2,250.00 2,250.00 New fence at Avalon Park LS 1 12,000.00 12,000.00 around cemetery Underbrush and hand clearing LS 1 40,000.00 40,000.00 at Avalon Park Grass seeding and Sod park area LS 1 20,000.00 20,000.00 Handicap Ramps EA 4 800.00 3,200.00 Engineering /Staking LS 1 25,000.00 25,000.00 Total Park Improvements $262,107.77 PARK LAND DEDICATION Park Land Provided 2.8 acres Wylie-Wilson Creek Parks 02013 Westwood Professional Services, Inc. FIELD NOTES / / 7 \ / THENCE in a Northeasterly and Northerly direction along said curve to the left and the East line a' X / / \ / / / / \ BEING a tract or parcel of land situated in the Francisco De La Pine Survey Abstract No. 888, of said WA. Allen Boulevard and the West line of said Don and Marilyn Light tract, having a S.H. No. 786 ,/ �/ 14 \ / ,\ 5 7 3 \ 2 / 9 .� // \ \ / JQ� L it v City of Wylie, Collin County Texas and being more particularly described as follows central angle of 44°5840 a radius of 27859 Feet, and an arc length of 21870 feet to a 5/8 o ne H o y \ inch capped iron rod set for corner, stamped "ADAMS SURVEY RPLS 5610" (IRSC), at the m Ho m iv N, \ / �% 7 0 / \ / BEGINNING at a 1/2 iron rod Found For corner at the Southeast corner of Lot $ Block B of intersection of the East line of said WA. Allen Boulevard with the South line of a 15 foot alley P °? 6 \ HYfiL-ON ADL`ll/_ION I�H, ,57 // / ° Stone Grove, Phase !, said point being the Southwest corner of a tract of land conveyed to said South line also being the South line of Eastridge Addition as recorded in cabinet F, Slide z `n E. Drown Street m 15 fl //A � _AJ 12 William W Housewnght as described in Volume 2808, Page SOS, Deed Records, Collin County 715, Plot Records Collin County Texas 1� 4 0 Volume 2006, Page �OJ / V ,$O�°,�3. S01 629 { ' �_ 8 Texas and being in the North right-of-way line of Stone Road (0 40 ROW at his point), a 16 1�� A3'p 8706 '�/� �p / ATHENCE along the South line of said Eastridge Addition and the North line of said Don and d o Hp \ MEADOWS 7e 5 �i' 13 THENCE North 00°7956' East a distance of 88575 Feet allow the East line of said Stone Grove, Marilyn, Light tract, South 88°48'S3' East a distance of 864.70 Feet to a 5/8 inch IRSC or w 3 7 SO 7e, 1 Stit/ Q \ Phase l and the West line of said William W. Housewright tract, to a 5/8 inch iron rod found for corner, said point being the Southeast corner of Oak Meadows, Phase 2 as recorded in Cabinet \ PHASE ONe vs >>' / 6 ti/ \ corner, M Slide 2/7, Plat Records, Collin County, Texas cii2 n s�7s„ 1 OPEN SPACE V �1�q7, \/ one Drive CBb. l,-Pg. 614\ \� F ( / \ 14 THENCE North 25°02 50" East alongthe East line of Oak Meadows, Phase 2 and the most Z THENCE continuing in a northwesterly direction along the East line of said Stone Grove, Phase 1 - 8 p I 2.1092 acres / and the West line of a tract of Ion conveyed to Don Light and Spouse, Marilyn Light as easterly west line of said Don and Marilyn Light tract, a distance of 359 48 Feet to o 1/2 inch 10 \ Q Handicap described in Volume 4033, Page 1744 Document No.97-0094043, Official Public Records, Collin iron rod found for corner, said point being the most northerly Northeast corner of said Don and 7 SUBJECT \ �' --------------N88°55 03 W 6.51 County Texas bearing North 52°20'27" West a distance of 66389 Feet to a 3/8 inch iron rod Marilyn Light tract and the Northwest comer of a tract of land conveyed to William W o TRACT / RamAlanis Drive 9 _ p found or corner at the beginning of a tangent curve to the fight whose chord bears North Hoasewngh[ as described in Volume 1078, Page 97, Deed Records, Collin County, Texas; \ m ti� \ Cn `S000 Trash \ 36°0123" West at a distance of 14752 feet; 2 C �,.� 7 Receptacles THENCE along the East line of said William W Housewrigh£ tract and the West line of said / /A g �' �--� `979�, THENCE in a Northwesterly and Northerly direction along/said curve to the right and continuing Avalon Addition, Phase 11 the Following courses and distances to wit, c 3 \/ � 10 Q 8' Hike Qr WILLIAM a TALBERT along the east line of said Stone Grove, Phase l and/the West line of said on and Marilyn Light ° --� / / \ \ A Sly, Bike Trail / tract having a central angle of 32°38"16'; a radius 26250 feet, and an arc length of 14953 South 03 43'41` East a distance of 133.50 Feet to a 5/8 inch IRSC for corner, q �� Volume 6066, Page 556 Feet to a 3/8 lion rod found for corner, or VICINITY MAP \ fl South 00 5316 East a distance of l0/.77 Feet to a 5/8 inch IRSC For corner, v / OPEN SPACE NOT To SCALE 5 Q THENCE eon/8 inch in o northwesterly direction along the East line of soid Stone Grove, Phase l ° \ / V / and the West line of said Don and Marilyn Luse tract North West line/5` West a distance of 354/4 South 01 /6"29" West a distance of 8706 Feet to a 5/8 loch IRSC For comer; \ 6 0054 acres feet to a 1/2 inch iron rod found for corner at the beginning of a tangent curve to the left ° /A V / /A\ \C 12 North 88 5503` West a distance of 65! Feet to a 5/8 inch IRSC For comor, whose chord bears North 36'O28/5" West ( a distance of 28127 feet; V 7 lit TFIENCEinallortherlyandNorthwester directionalongsaidcurvetotheleftandcontinuingSouth00°79'79" Eastodistanceof43243Feettoa5/8inch (RSCForcomersaidpoint/ q A / r along fhe Ldst line of said Stone Gr e, Phase l and the of said Don and Marilyn being the South wort comer of Avalon Addition, Phase l! and the Northwest corner of o 2 ° o tract of land conveyed to William F. Talbert as recorded in Volume 6066, Page 556, 8 Light tract, having a central angle f 33 3205", a radius of 48750 Feet, and an arc length of \ �� \ 13 eSo j' Document No 2 0 0 5--01756 70, Official Public Records Collin County, Texas, / 5 / �\ \/ r1 __ O., ihethefefawht te a rd incheairon rod °47'und for corner at thee beginning o12 a non-tangent il curve to / 6 VI - _ / 7t the left whose chord bears North 23°4T22' East at a distance of 28L 27 feet, said point being THENCE South 00°2012' West along the East line of said Wiliam W Housewright tract and the V-/\ t� f Right-of-way line of WA Alen Boulevard (a 85' R0 W ; West line of said William P. Talbert tract, a distance of 1854-84 feet to a 5/8 inch IRSC for / / �A g y - ) theGRAPHIC SCALE 1 "=100' V THENCENorb. 89°1920" West alongthe North line of William R. Talbert tract and being In ____ _st corner, said point beingthe Southwest comer of sin \ \ 7 14 / �� / North right-of-way fine of said Scone Raad, / 17 `� / 8 / /A� V / 15 18E. Stone Road and the South line of said. 100 0 100 200 / /L„ \ / William Housewright tracts a distance of 399.05 feet to the POINT OF BEGINNING and / 18 2j "�/\ g C_ \ / j / containing37756 acres of land, more or less. Ve & / / / / 10 / n / A 17 4 : Trail / C. WILLIAM R. TALBERT 2� ��/ 20 / / \� / 12 �/ A A 2/ V/ / 13 / -7 lnstr. #20070621000849710 / 22 VA / 14 / / S, /V 7 \ / / 23 /\I l 15 - E-ASTR GE ADDITION * / _ �� 8 \C�. F/Pg. 715 \ Y / 24 � V / STR T � S / \ /\ 25 � 3. / 6 / IIP 1411 S'h 26 -e 7 /ie.1% I L___ /N 3\ // K 7 / 27rOD I *4// I 5' / / � 2 8 Bike Trail / 09 / cik \ Trail I eel / '9 \ /� 30 Y n 1 a q��� / / CITY OF WYLIE �/ / .e$ Volume 2177, Pg 527 / / v 8��� / / OPEN SPACESPACE �ETa' 1.4012 acres 4All*N, /N. — = 7859' 1.3374 acres 1P8, Hike Trash Receptacles \ / 15 T--175/33 / aArNI 6g3 89 / �' �o o Bike Trail kph12 CH _2 3. 12 s'. 8c * -----N522 07,9, y�' BOZEMANFARM / 13 \ \�- 4`�58'37" — Trail / ' Z, e / N23�4T22'E 12 n 6 3�� 5' ��°O STc bEo, P ss�a16 KRE MER ESTATES ° iii /� P E 1 14 2 \ N79 42>5"/y 354. 14' / 14 \ / 10 B ��� Q 3 Vol 21Pg. 177 / / R=48750' i I _-- -J / 9 �� 2 �� / \ I I P T=1485.33' 6.88' 16 15 �� 8 Q 30 / EXHIBIT C R=26250' \ Ram L=149.53' \ 4/ / OF 15 P CN=281.2T /� , / \ / I T T=76.86' — / 23 D 33°30' ' CH=147.52' 18 \ \ / 2r Q� \ 29 W[hSON CREEK — 8' e ,--- \ CB=N,36 2 15"W D- °3831 \ \STR OVE PH�,�' 24 / CO� / 2UT OF THE 8 �Q�� FRANCISCO DE LA PWA SURVEY, ABSTRACT NO. 688 Bike Trail27 � � 19 / Cab. G, P 3 \ Q / 26 25 ) CB=$36°0123'E — i 20 \ 25 / 7 / / 27 �' / COLLIN COUNTY, TEXAS 28 / 24 I ( / 26 \ 20 / A IN Existing 8 Hike \ / / 23 1 i NE / Q/ / & B1lce Trail / / ---� _a / 22 �.P'� 27 / 26 U� / OWNERS: \ V \� *100V \ >9 / 6 DON & MARILYN LIGHT BETTY HOUSEWRIGHT ROBERT SCHRAPLAU / / _- " _ I �0X - 28 7/ \ S. / 16 LAS CRUCES CIRCLE P.O. BOX 174 P.O. BOX 573 I__ __ / / Y / N / 25 �/ !GP WYLIE, TEXAS 75098 WYLIE, TEXAS 75098 WYLIE, TEXAS 75098 \ 1 / / \ \ �-� \ 29 \ \ 17 \ \/ \ / Uv / DEVELOPER: DOUGLAS PROPERTIES INC. ----_ 8 7 _ 30 \ 16 A 5 V / 4 ,,,,,,[ / / 2309 Avenue K, Suite 100 _ 7 / �/ Plano, TX 75074 \ — / TEE: 972-422-1658 �� '�� \ 4 3 1GQQ - -. 15 / �As / 3 4 / A 23 / ENGINEER/SURVEYOR: 1im.douglaspropserfies@gmail.com \ �� \ 2 11-111 Ox�OO -------\ >N V/ 2740 North Dallas Parkway �Cs ��QJ� / N r — \ , / / \ 717 1 TIPTON ENGINEERING site 280 Plana, renal loons \ V //� �� / 2 �� a division of Westwood (214) 473-4640 it . - 5 / 2 �Q' Q V / 13 / Firm No F-11756 vv / �� / / v / v , 7 , " / . N / � 1 / AUGUST 14, 2014 0003171 OP-1-1 Alternative.dwg 02013 Westwood Professional Services, Inc. FIELD NOTES / / 7 \ / THENCE in a Northeasterly and Northerly direction along said curve to the left and the East line a' X / / \ / / / / \ BEING a tract or parcel of land situated in the Francisco De La Pine Survey Abstract No. 888, of said WA. Allen Boulevard and the West line of said Don and Marilyn Light tract, having a S.H. No. 786 ,/ rE / / 14 \ / ,\ 5 3 \ 2 / 9 .� // \ \ / JQ� L it v City of Wylie, Collin County Texas and being more particularly described as follows central angle of 44°5840 a radius of 27859 Feet, and an arc length of 21870 feet to a 5/8 o ne H o y \ inch capped iron rod set for corner, stamped "ADAMS SURVEY RPLS 5610" (IRSC), at the m Ho m iv N, \ / �% 7 0 / \ / BEGINNING at a 1/2 iron rod Found For corner at the Southeast corner a( Lot $ Block B of intersection of the East line of said WA. Allen Boulevard with the South the of a 15 foot alley, P °? 6 AYfiL-ON ADL`IVON IPH4J // / ° Stone Grove, Phase !, sold point being the Southwest comer of a tract of land conveyed to said South /ine also being the South lino of Eastridge Addition as recorded in cabinet F, Slide z `n E. Drown Street m 15 / fl //A � _AJ A 12 William W Housewright as described in Volume 2808, Page 505, Deed Records, Collin County 715, Plat Records, Collin County Texas, 1� 4 0 Volume 2006, Page �OJ o / V ,$��0,�3. SDi 629 { ' �_ 8 Texas and being in the North right-of-way line of Stone Road (a 40 ROW at his point), a 16 1�� Q3 p 87 D6 '�/� V� / A THENCE along the South line of said Eastridge Addition and the North line of said Don and d °o Bp \ MEADOWS 7e 5 �i' o 13 THENCE North 00°7956' East a distance of 88575 Feet allow the East line of said Stone Grove, MarilynGLight tract, South 88°48'S3' East a distance of 864.70 Feet to a 5/8 inch IRSC or w 3 7 s'� JRJ 1 S Q \ Phase l and the West line of said William W. Housewright tract, to a 5/8 inch iron rod found for corner, said point being the Southeast corner of Oak Meadows, Phase 2 as recorded in Cabinet \ PHASE ONe vs >>' / 6 ti/ \ corner, M Slide 2/7, Plat Records, Collin County, Texas cii2 n s�7s„ 1 OPEN SPACE ' �l�q,, \o one Drive CBb. l,-Pg. 614\ \� F ( / \ 14 /HENCE North 25°0250" East alongthe East line of Oak Meadows, Phase 2 and the most Z THENCE continuing in a northwesterly direction along the East line of said Stone Grove, Phase 1 - 8 p I 21092 acres / and the West line of a tract of ion conveyed to Don Light and Spouse, Marilyn Light as easterly west line of said Don and Marilyn Light tract, a distance of 359 48 Feet to o 1/2 inch io \ Q Han�p described in Volume 4033, Page 1744 Document No.97-009404J, Official Public Records, Collin iron rod found for corner, said point being the most northerly Northeast corner of said Don and SUBJECT �' ---------------N88°55 03 W 6.51 County Texas bearing North 52°20'27" West a distance of 66389 Feet to a 3/8 inch iron rod Marilyn Light tract and the Northwest comer of a tract of land conveyed to William W o TRACT / RamAlanis Drive 9 _ p found or corner at the beginning of a tangent curve to the/right whose chord bears North Housewright as described in Volume 1078, Page 97, Deed Records, Collin County Texas; \ m \ �0 V `��0o Trash \ 36°0I'23" West at a distance of 14752 feet; 2 ,-.2_ o �,.� 1 Receptacles THENCE along the East line of sad William W Housewrigh£ tract and the West line of said / / 9 �' �--� `979„. THENCE in a Northwesterly and Northerly direction along/said curve to the right and continuing Avalon Addition, Phase 11 the Following courses and distances to wit; c 3 / 10 �, �rA Blk Hike & / WILLIAM a TALBERT along the east line of said Stone Grove, Phase 1 and/the West line of said on and Marilyn Light South 03°43'41` East a distance of 13350 Feet to a 5/8 inch IRSC for corner; \ �. tract having a central angle of 32 38"!6'; a radius f 26250 feet, and an arc length of 14953 q �� Volume 6066, Page 556 Feet to a 3/8 inch iron rod found for comer, or VICINITY MAP \ fl South 00 3316 East a distance of 101.77 Feet to a 5/8 inch IRSC For corner, / OPEN SPACE NOT To SCALE 5 /HENCE can timing in o northwesterly direction along the East line of said Stone Grove, Phase l ° \ V / and the West line of said Don and Marilyn Luse tract North 19°4275" West a distance of 354/4 South 01 l6"296 West a distance of 8706 Feet to a 5/8 loch IRSC For comer; 0.„, 6 ��54 acres feet to a 1/2 inch iron rod found for corner at the beginning of a tangent curve to the left ° /A V / /A\ 12 North 88 5503` West a distance of 65! Feet to a 5/8 inch IRSC For comor, / whose chord bears North 36°28/5" West t a distance of 28127 feet, V 7 lit THENCEinallortherlyandNorthwester directionalongsaidcurvetotheleftandcontinuingSouth00°79'79" Eastodistanceof43243Feettoa5/8inch (RSCForcomersaidpoint/ q o V / r along fhe Ldst line of said Stone Gr e, Phase l and the West, line of said Don and Marilyn being the Southwest comer of Avalon Addition, Phase l! and the Northwest corner of a 2 ° o tract of land conveyed to William F. Talbert as recorded in Volume 6066, Page 556, 8 Light tract, having a central angle f 33 3705", a radius of 48750 Feet, and an arc length of \ �� \ 13 eSo j' Document No 2 0 0 5--01756 70, Official Public Records, Collin County, Texas, // 5 o �\ \ +1 __ O., A ihethefefawht te a rd incheairono rod found for corner at thee beginning of a non-tangentil pocurveeto / 6 V - _ / 7t the left whose chord bears North 23°4T22' East at a distance of 281 27 feet, said point being THENCE South 00°2812' West along the East line of said Wiliam W Housewright tract and the V-/\ C' f Right-of-way line of WA AI en Boulevard a 85' R0 W ; West line of said William P. Talbert tract, a distance of 1854.84 feet to a 5/8 inch IRSC for / / �A cc % g ) theGRAPHIC SCALE r'=100' V THENCENorb. 89°1920" West alongthe North line of William R. Talbot tract and being In ____ _st corner, said point beingthe Southwest corner of sin \ ----„/ 7 /4 / �• / North right-of-way fine of said Stone Raad, / 17 0 / 8 / /A� . 15 16E. Stone Road and the South line of said. 100 0 100 200 / 14S \ - / William Housewright tracts a distance of 399.05 feet to the POINT OF BEGINNING and / 18 0/ ,"�/\ o y C_ \ / j / containing37756 acres of land, more or less. V � e & / / / / to / 11 V - 0 17 0 : Trail / 20 VA / / \ OPEN SPACE = 2.793 ACRES / / / \� 12 WILLIAM R. TALBERT \ "----N,. 21 V/ / off/ lnstr. #20070621000849710 2000LF HiKE & BIKE TRAIL ( 1 ADDITIONAL FOOT) / 3000LF HIKE & BIKE TRAIL (St WIDTH) Y / \ o / 22 \ /V 7" \ / / 23 /\ '� (I ' DENOTES PARK BENCH) - 4 \/ / son,-, , cxiSTR GE ADDITION\ (I <DENOTES PICNIC TABLE) 1 8 \C�. F/Pg715V / 24 VA stE T � t ss� ( 0 DENOTES TRASH RECEPTACLES) 2 V / 5 \ � � / A / / /\ l ..\ EXACT LOCATION OF THE HIKE a BIKE TRAIL TO BE DETERMINED �/ 25 BY THE DEVELOPER AND CITY OF WYLIE � / / 0 \4 // / 6 .� 1411/ 3 \ / \ 26 / I --_.—_ L___0 7 vo' / \ //*K V / / 27 ' *4 , 5, / / 2 s o Bike Trail / \ \/ T/K9NY / / \ 0 29 .E / / \ Trail / n 1 a q��� / / CITY OF WYLIE �/ \ I I- /. Volume 2177 P9 527 / 12 / v B� v / lik IIP[ OPEN SPACE OPEN SPACE / V O � _ sri r�_�_ ° 1.4012 acres �; 13374 acres o is = 78.59' Trash Receptacles \ , L=21 ..61 8' Hike o 0 15 7-175/33 663•89 ,I Bike Trail ` �CY �h / 12 \ CH _2 3. 12' l 8' & N52°2Ani"\14 00079 o y� BOZEMAN FARM / 13 -D- 4`�58'37" — Trail / o 8 / N23/164T22 E _ - 12 n 3��, 4>Ni* o°O ST csb�C, P s o16KREY�9ER ESSTTATES °P E 1 14 / 2 \ N79 42>5"W 354/ Ns / 14 \ / to ��� Q 3 2 Voi 2I Pg. 177 / / R=48750' i o / 9 0� / �� V / / ' ' i I Handicap T=1486.88' 16 15 i �� 8 Q 30 / EXHIBIT P R=262.50' Ram L=149.53' (s / 15 P CN=281.2T /� , / / T T=76.86' / / 23 D=33a3o' ' CH=147.52' l8 \ \ / 2r Q� 0 2s WiLSON CREEK — 8' e ,--- \ CB=N,36 2 '15"W D- °3831 �STO GROVE PHA,�' 24 \ o �� / 2UT OF THE 8 �Q�� FRANCISCO DE LA PWA SURVEY, ABSTRACT NO. 688 Bike Trail27 � i 19 / Cab. G, P 3 / \ Q / 26 25 ) CB=$36°D123'E ' 20 25 / < 7 / / 20 �' / COLLIN COUNTY, TEXAS 28 l 24 ) ( / 26 20 / IN Existing 8 Hike / / / 23 V i NE / Q/ / & Bike Trail / / ---� _a / 22 21 0 �•�/ 27 / 26 U� / OWNERS: / --- �� �GO� 19 / 6 o o DON & MARILYN LIGHT BETTY HOUSEWRIGHT ROBERT SCHRAPLAU / / N / _-,-- _ I / fQX - 28 \ \/ \ S. / 16 LAS CRUCES CIRCLE P.O. BOX 174 P.O. BOX 573 _ __ ,--/ / Y / /\ 25 \/ !GP WYLIE, TEXAS 75098 WYLIE, TEXAS 75098 WYLIE, TEXAS 75098 1 / / \ \ -_� \ 29 \ \ 17 \ \/ \ \ / \ / Uv / DEVELOPER: DOUGLAS PROPERTIES INC. ----_ 8 7 _ 30 7- 16 5 7 ,/ 0 24 \ / 2309 Avenue K, Suite 100 _ 7 / �/ Plano, TX 75074 N / < / / TEL: 972-422-1658 �� '�� / 4 3 / Q - -. 15 / �As / 3 4 / A 23 / ENGINEER/SURVEYOR: hm.douglaspropserfies@gmail.cam \ �� \ �x/0� o V/ \� s � �� / / / \ jn� TIPTON ENGINEERING Srae 280 Plano, Texas 75093 \ V //X �� / 2 �� a division of Westwood (214) 473-4640 �/� \ 5 / 2 �Q' Q V /, 13 IIC / Firm No F-11756 v � � / / / vi o / / / . N / � 1 / AUGUST 14, 2014 0003171 OP-1-1 Alternative.dwg EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2014-05 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10 District (SF-10) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 - Single Family8.5 District (SF-8.5) Lot Size (Minimum) Lot Area (sq. ft.) 8,500 Lot Width (feet) 70 Lot width of corner Lots (feet) 90 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations (Minimum Square Footage) 15% of the lots 1,800 35% of the lots 2,000 50% of the lots 2,200 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements (Min.)—Main Structures Front Yard(feet) 25 Front Yard (feet) if 8' trail along the creek is 15 installed Side Yard (feet) 7 Side Yard of Corner Lots (feet) 15 Side Yard of Corner Lots (feet) on key lots 25 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 30 Lot Coverage 45% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 140 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the property. 5. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 7. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 8. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 9. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association. (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system and test all backflow devices annually as per City requirements. e. Maintain benches, tables, concrete trail, and any other installed improvements, per Exhibit "P". Coordinate with the City Park Department prior to the replacement or removal of any improvement for consistency with City Park standards. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. b. Schedule pavilion reservations for the public. 10. All Park Amenities as described in Exhibit "P" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Exhibit "P" and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Exhibit "P" as adopted by this ordinance. (a) 8' Hike & Bike Trail to be installed in the rear of lots along the creek, pending engineering evaluation. 5' Hike & Bike Trail in front of dwellings, achieving link in city trail system. (b) Open Space Improvements, including 4 Benches, 1 Picnic Tables, Under brushing and Cleaning of Avalon Park and a trail connection from Avalon Park through Wilson Creek to Kreymer Estates. (c) Distinctive striping and buttons or similar approved by city engineer shall be installed at trail crossings. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on. land that does not abut the development. b. Desirable Design Attributes Single-loaded Street along open space and access per Exhibit "P". 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Exhibit "P" and coordinate improvements of Stone Road with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Exhibit"C" The following trees and shrubs are recommended for landscaping and screening purposes: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American. Elm Willow Sycamore b. Desirable Design Attributes None 3. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) Benches with backs installed per Exhibit"P" (2) Provide decorative paving and cross-walks at street connectors; 7 ft wide at interior street connectors per Exhibit "P". (3) 8' wide distinctive striping and buttons or similar approved by city engineer at main entry. b. Desirable Design Attributes (1) 4 Benches, I Picnic Tables, Under brushing and Cleaning of Avalon Park and a trail connection from Avalon Park through Wilson Creek to Kreymer Estates per Exhibit "P", to be coordinated with Parks Department. (2) 8' wide decorative stamped concrete crossing or similar approved by city engineer at main entry; B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Wrought iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). a 0.Yt "'��a .- w. ,, '' ' "!' ,ate r t and pay^ u 1 " 4'4+"{.,l' 004- sofrl .4.„„ 2. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 8 feet wide at trail crossings with decorative pavers and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation. system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of distinctive striping and buttons or similar approved by city engineer at Main Entry Trail Crossings. 4. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 5. Mail Boxes a. Base Standard Mail boxes shall be paired at the lot line where applicable and shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Same stone as house exterior trim to mail boxes. 6. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential. Developments, providing low illumination with. solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in. an effort to achieve the best lighting arrangement possible. w, r x Lu b. Desirable Design Attributes: None 7. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. A minimum of 60 percent of the total area shall be on the 1st floor of all 2 story dwellings. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco, with 20 percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. o p n '''k A N W MXMy; 4 v ti uKi nrci AXM'v N �" PM 1 M# R H '„ � M Yl { p 4 ?, j 1 , , , §�4/ 4 t l 4 t 0/4 f0{{0t)'44,#�0 e)4 3 } 1, 1�1',3,ii"egiR 7g11,{',„X,11 I 4 r �Tr,/,e,' c„, �i tt s itt�t}t Sf y iy,,,il, sz ,r. ,k','':uA ^'� d rk" t','„ i/ i t/r Ott j� 5711 p;f k r6 rl 1 Ids t ar 44F u ro i M t �µn,mw .::'.4 sstizio, "'.; ' j tt M' i n F ,dA,�RF .kr: r A.Y. m , h A #„, a p� J� y� h •' , s9 � „, r „S" . tiM '''a Fu' w h''' u Clow',', :! ° 'I " " .. i„ X7X I.WV Jn e�W"1 X' b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 140 total square feet of floor area. To enhance livable outdoor space front porches shall be a minimum of 50 s.f. with railings, columns or other architectural features for all dwellings that have front facing garages with cedar doors. h• li & ,w, p4"'atl ""k $`v' Pr"'F � P k k' ^ 'Ww�'' w{ � x a-, e k 4 , 'I' W IN .Wti JI rx'n X b. Desirable Design Attributes: 50 square feet or larger front entry, or connected wrap-around on two or more sides, or pitched cover incorporated into the roof line of the house. 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing-Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, doriiiers or a combination of hip and gable roofing. T2:T2 nimum Roof e 12 Pith Allowed °12 82 41, b. Desirable Design Attributes: None 7. Roofs and Roofing-Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing-Roof Eaves a. Base Standard No wood fascia or soffits are permitted. •I • `� t ht9 '��{?l - �, W~!wR k `^.F"v 1 ti G \ ^" • u ,4,4 � • .�"o ..n w.. „ ~a max; , PIa•� W" T " mT', w°"°� T r '� L " p,�j 7' a. b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of seven (7) platted residential lots must be skipped on the same side and four (4) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. .I I. . _L. L . . 'i— f 1'—i"'T'T''i—'i—i'—T .T''i—'I I T'T'- . . . . . . . . . . . . . . NO 7 6 5 4 3 2 1 2 3 4 6 7 4 LO S IPP ED O�_OSITE•�IDE OF STREET �� I I 6 ,I 4 LOTS SKIP'EO E®I�DE OF STREET I I 4 I 7�N0 1 °K 1 II I I I I 1 °K 1 I II I II I T'i—('T'T'T'TI-('T'T' -r'T'T'- Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with wood grain look insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 400 square feet. kOnel N fd"e pu ti ti t k 1� � kA d • j 7 ; d s t'141, 1444 S p7: poi''�1�r1i1Yp�1I�'it'@`����"�R�� b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall be (15%) of the houses 1,800 s.f. , (35%) of the houses 2,000 s.f. , (50%) of the houses 2,200 s.f. measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of wrought iron next to open space, and shall be maximum 6 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by down-light (tree or house mounted) or up-light (house mounted), and front and side yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. Each residential dwelling unit shall be equipped with Energy Star appliances. b. Desirable Design Attributes None III. DESIGN REGULATION CHART: A. Land Design Requirements A.Land Design Requirements (In Accordance with Exhibit"P") ELEMENT a.BASE STANDARD(ALL DEVELOPMENT b. DESIRABLE STANDARD MUST COMPLY FULLY WITH ALL LISTED (THE FOLLOWING DESIRABLES WILL BE BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Public Open Space a. Trail shall be constructed to the City's Improvements in Avalon Park and Trail standards. Connection from Kreymer Estates to the b. 8ft. hike &bike trail and open space Avalon Park. improvements,per Exhibit "P". c. Provide benches per Exhibit"P". Perimeter Walkways and Coordinate with City of Wylie Landscape Lighting and Furnishings along a. 4 Benches with backs per Exhibit"P". a. 4 Benches, 1 Picnic Tables, Under open space easements and trails b. Distinctive striping and buttons or similar brushing and Cleaning of Avalon Park approved by city engineer at main entry. and a trail connection from Avalon Park c. 7 ft decorative pavers at interior street through Wilson Creek to Kreymer connectors. Estates ,per Exhibit"P". b. 8 ft wide when it crosses the street. B. Street and Sidewalk Requirements B. Street and Sidewalk Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY (THE FOLLOWING DESIRABLES WILL BE WITH ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Entry Features and Architectural features on stone monument (no Decorative fence accent panels, or 2 or more Signage at Entries brick) with landscaping and incorporated into different type/color of stone or brick (can be open space area and illuminated by means other synthetic or cultured). than street lights. Street Name Signs Including block numbers, incorporated with street lighting coordinated throughout. Pedestrian Crosswalks Connected system 8' wide decorative paving at 8 ft. wide, connected system of distinctive striping Trail Crossings per Exhibit "P". and buttons or similar approved by city engineer at Trail Crossing at Main Entry. Sidewalk Locations 4 ft concrete, both sides of street. Mail Boxes Paired at lot line where applicable. Number Stone same as house exterior trim. plaque, brick same as resident. Perimeter Alleys No alleys are required. C. Architectural Requirements C. Architectural Requirements (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH (THE FOLLOWING DESIRABLES WILL BE ALL LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Building Bulk and Articulation Minimum 25% of street facade offset minimum 2 ft, minimum 60% total area on 1s` floor of all 2-story House Numbers Lighted front stone wall plaque beside main entry. Exterior Facade Material 80% brick or masonry stucco, with 20% stone or decorative brick accent Porch 140 square feet combined total covered front entry, 50 square feet or larger front entry, or rear entry or side entry. Minimum of 50 s.f. for front connected wrap-around two or more sides, or porch on dwellings with front facing garages. pitched cover incorporated into roof lines of house Chimneys Chimney enclosed with masonry matching exterior 40% stone to match house accent material for walls and capped houses with Chimneys. Roof Pitch 8:12 minimum roof pitch; with articulation, dormers or hip/gable Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles, Paint rooftop accessories to match Roof Eaves No wood fascia or soffit Repetition of floor plan and 7 lots skipped on same side of street before elevation repeating similar floor plan and elevation, 4 lots skipped opposite side of street, and no identical or flipped floor plans side by side or directly across street c.Architectural Requirements Cont. (For all Residential Districts) ELEMENT BASE STANDARD b. DESIRABLE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL (THE FOLLOWING DESIRABLES WILL BE LISTED BELOW) ACHIEVED THROUGHOUT THE SUBDIVISION) Garage entry a. Garage doors can be located on primary street elevation of a single family residential unit with wood grain look insulated door with carriage hardware. Garage shall be a minimum of 400 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing a. Front: 4 ft maximum height, 50% transparent, wood or wrought iron. b. Side/Rear: 8 ft maximum height, wood w/metal posts & rails to inside. c. (No pressure treated wood). d. 6 foot Wrought Iron fence adjacent to the open space. Landscaping Sod front, rear, and side yards and minimum 2 trees Automated, subsurface irrigation system and 5 shrubs in front yard. Outdoor Lighting Front entry and drive/garage illuminated by standard Front façade and drive/garage illuminated by porch light down-light (tree-or house-mounted) or up- light (house-mounted), and front- and side- yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Building Code OF Wit, .,i Wylie City Council . Rzoo. AGENDA REPORT ,,;,..$ Meeting Date: September 9, 2014 Item Number: 2 Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 25, 2014 Budgeted Amount: Exhibits: Budget Cover Page Subject Consider, and act upon, approving the property tax increase reflected in the budget. Recommendation Motion to approve the property tax increase reflected in the budget. Discussion The tax rate needed to fund the FY 2014-2015 budget is $0.878900 per $100 of assessed valuation. Although this tax rate represents a decrease of$0.005 (one-half cent) from the tax rate in FY 2013-2014, there will be an increase in tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate vote to ratify this property tax increase that is reflected in the budget. Page 1 of 1 Due to the passage of H.B. 3195 during the 80th Legislative Session, the following statement must be included as the cover page for any budget document: "THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $1,683,617 OR 7.89%, AND OF THAT AMOUNT, $511,513 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR." r8 nFWit, Wylie City Council 4,..,R..... AGENDA REPORT ,,;,..$ Meeting Date: September 9, 2014 Item Number: 3 Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 26, 2014 Budgeted Amount: All Funds Summary, Budget Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2014-30 adopting a budget and appropriating resources for Fiscal Year 2014-2015,beginning October 1, 2014, and ending September 30, 2015. Recommendation Motion to approve Ordinance No. 2014-30 adopting the budget and appropriating resources for Fiscal Year 2014-2015,beginning October 1, 2014,. and ending September 30, 2015. Discussion The tax rate being proposed for Fiscal Year 2014-2015 is $0.8789 per$100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2014-2015 tax rate is presented as a separate agenda item. Page 1 of 1 ORDINANCE NO. 2014-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2014-2015, BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2014-2015; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 26, 2014, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2014-2015. Section 2. That the sum of seventy-seven million, thirty thousand, and one hundred ninety-three dollars, $77,030,193 is hereby appropriated for the City's FY 2014- 2015 Budget. These funds are for payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2014-2015 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2014-30 Approval of Budget FY2014-2015 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 9th day of September, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News-September 17,2014 Ordinance No.2014-30 Approval of Budget FY2014-2015 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2014-2015 BUDGET DEBT SERVICE FUNDS SPECIAL GENERAL REVENUE G 0 DEBT 4B DEBT FUND FUNDS SERVICE SERVICE ESTIMATED BEGINNING BALANCES $ 9,982,753 $ 4,007,809 $ 429,162 $ 203,454 REVENUES: Ad Valorem Taxes 16,540,254 - 7,773,058 - Non-Property Taxes 3,911,984 3,957,984 - - Franchise Fees 2,498,000 - - Licenses&Permits 638,000 34,000 - - Intergovernmental 774,061 - - - Service Fees 3,023,905 1,186,500 - - Court Fees 300,000 12,600 - - Interest&Misc.Income 203,000 226,033 400 - TOTAL REVENUES 27,889,204 5,417,117 7,773,458 - Transfers from Other Funds 1,961,899 695,000 400,000 538,000 TOTAL AVAILABLE RESOURCES 39,833,856 10,119,926 8,602,620 741,454 EXPENDITURES: General Government 8,754,662 14,500 - - Public Safety 14,972,986 42,000 - - Development Services 1,330,086 - - - Streets 2,094,441 - - - Community Services 3,596,484 2,754,258 - - Utilities - - - - Debt Service - - 8,122,745 537,619 Capital Projects - - - - Economic Development - 3,214,575 - - TOTAL EXPENDITURES 30,748,659 6,025,333 8,122,745 537,619 Transfers to Other Funds 400,000 1,233,000 - - ENDING FUND BALANCE * $ 8,685,197 $ 2,861,593 $ 479,875 $ 203,835 *Budgeted Use of Fund Balance for one time purchases of fleet and equipment. SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2014-2015 BUDGET PROPRIETARY FUND CAPITAL PROJECTS TOTAL ALL FUNDS UTILITY FUND FUNDS ESTIMATED BEGINNING BALANCES $ 17,112,784 $ 9,017,551 $ 40,753,513 REVENUES: Ad Valorem Taxes - - 24,313,312 Non-Property Taxes - - 7,869,968 Franchise Fees - - 2,498,000 Licenses&Permits - - 672,000 Intergovernmental 4,648,400 - 5,422,461 Service Fees 440,000 13,865,000 18,515,405 Court Fees - - 312,600 Interest&Misc.Income 500 46,400 476,333 TOTAL REVENUES 5,088,900 13,911,400 60,080,079 Transfers from Other Funds - - 3,594,899 TOTAL AVAILABLE RESOURCES 22,201,684 22,928,951 104,428,491 EXPENDITURES: General Government - - 8,769,162 Public Safety - - 15,014,986 Development Services - - 1,330,086 Streets - - 2,094,441 Community Services - - 6,350,742 Utilities - 12,103,110 12,103,110 Debt Service - 1,340,238 10,000,602 Capital Projects 14,074,590 483,000 14,557,590 Economic Development - - 3,214,575 TOTAL EXPENDITURES 14,074,590 13,926,348 73,435,294 Transfers to Other Funds - 1,961,899 3,594,899 ENDING FUND BALANCE $ 8,127,094 $ 7,040,704 $ 27,398,298 TOTAL REVENUES $ 63,674,978 NET DECREASE(INCREASE)IN FUND BALANCE 13,355,215 TOTAL APPROPRIABLE FUNDS $ 77,030,193 r. of tr Wylie City Council f� i�lr ..t '2,... AGENDA REPORT ,,;,.$ Meeting Date: September 9, 2014 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 29, 2014 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2014-31 fixing the tax rate/levy for Tax Year 2014 and Budget Year FY 2014-2015 at $0.87890 per$100 of assessed valuation. Recommendation Motion to approve Ordinance No. 2014-31 fixing the tax rate/levy for Tax Year 2014 and Budget Year FY 2014-2015 at $0.87890 per$100 of assessed valuation must be made as follows: "I move that the property tax rate be increased by the adoption of a tax rate of $0.878900, which is effectively a 5.72% increase in the tax rate." Discussion The tax rate needed to fund the FY 2014-2015 budget is $0.87890 per $100 of assessed valuation. The tax rate is broken down with $0.597978 being used for operations and maintenance and $0.280922 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$15,659,737 for the General Fund and $7,356,733 for the I & S Fund. The adopted Fiscal Year 2014-2015 budget requires the support of this ordinance for funding. The motion to approve the tax rate must be made in the above format due to state law requirements found in Section 26.05(b) of the Property Tax Code since the tax rate exceeds the effective tax rate of$0.831323. Page 1 of 1 ORDINANCE NO. 2014-31 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 7.16 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $4.67. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2014-2015; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2014-2015; and WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2014-2015 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property Ordinance 2014-31 Approval of Tax Rate Year 2014 and Budget Year FY2014-2015 1 which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2014, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of $0.8789 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax rate of $0.597978 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2015, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.280922 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an. Interest and Sinking Fund with which. to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2015. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2014-31 Approval of Tax Rate Year 2014 and Budget Year FY2014-2015 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 9th day of September, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—September 17, 2014 Ordinance 2014-31 Approval of Tax Rate Year 2014 and Budget Year FY2014-2015 3