02-12-2008 (City Council) Agenda Packet Wylie City Council
CITY oFWYLIE NOTICE OF MEETING
Regular Meeting Agenda
February 12, 2008 — 6:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
John Mondy Mayor
M.G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Merrill Young Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wvlietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Proclamation for Severe Weather Awareness Week. (Captain S. Seddig, Fire
Marshal)
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.
February 12,2008 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 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 from the January 22, 2008 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2008-04(R) ordering a General Election to
be held jointly with the Wylie Independent School District on May 10, 2008 for the
purpose of electing a Mayor and two City Council members, Places 5 and 6, to the
Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary)
C. Consider, and act upon, a Joint Election Contract between the City of Wylie and
Wylie Independent School District (WISD); and a Joint Election Agreement to
include Collin County Community College District to be administered by the Collin
County Elections Administrator for the May 10, 2008 Wylie General Election. (C.
Ehrlich, City Secretary)
D. Consider, and act upon a release of escrowed funds, in the amount of$581,646.56,to
the Wylie Independent School District(WISD) for the construction of Hensley Lane.
(C. Hoisted, City Engineer)
E. Consider, and act upon, authorizing the City Manager to enter into an agreement
with AppliedTech Group for technology consulting services for telecommunications,
data infrastructure, and security infrastructure and systems for the new Wylie Civic
Center. (.1 Butters, Assistant City Manager)
F. Consider, and act upon, Ordinance No. 2008-04 for the annexation of a 0.1079 acre
tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County,
Texas, generally located south of F.M. 544, west of Maxwell Creek Road, and
adjacent to Woodbridge North Development. (R. 011ie, Planning Director)
G. Consider, and act upon, Resolution No. 2008-05(R) authorizing the City Manager to
enter into an Entertainment Agreement, in the amount of 70,000.00, with Stewart
Schwensen Productions for entertainment/staging for the 2008 Summer Concerts
and Wylie Independence Day Fireworks Celebration. (R. Diaz, Superintendent, Parks
and Recreation)
H. Consider, and act upon, a Preliminary Plat creating seventeen (17) commercial lots
on 64.69 acres, generally located south of FM 544 between McCreary Road and
Springwell Parkway. (R. 011ie, Planning Director)
REGULAR AGENDA
Public Hearings
1. Hold a Public Hearing and consider, and act upon, Zoning Case 2008-01, regarding
a request for a Specific Use Permit (SUP) for an Auto Repair, Major use on one lot on
February 12,2008 Wylie City Council Regular Meeting Agenda Page 3 of 5
0.648 acres (Regency Business Park Phase I, Block B, Lot 1) generally located east of
Regency Drive and south of Steel Road (101 Regency Drive). (R. 011ie, Planning
Director)
Executive Summary
The subject property is located within the Regency Industrial district at the southeast corner of Regency
Drive and Steel Road (101 Regency Drive) and totals 0.648 acres. The property is currently zoned Light
Industrial and has been used for miscellaneous light & heavy industrial uses, including salvage yard,
contract construction and open storage uses. An 800 sq. ft. metal building occupies the southern region of
the property along with a fenced open storage area towards the rear. Light Industrial districts are intended
to provide for less-intensive assembly, warehousing and distribution of products from previously prepared
materials and parts. The primary focus should be industrial and commercial uses that serve regional, state
and national markets. The applicant proposes an automotive paint and body repair facility, which is
designated/defined as an Automotive Repair,Major use by the Zoning Ordinance. Auto Repair, Major use
is defined as a facility used for maintenance, repair, and restoration or rebuilding of vehicles under 6,000
pound gross vehicle weight.This includes engine rebuilding,body work and painting.
2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2008-05 adopting
the Standards of Care for Youth Programs. (R. Diaz, Superintendent, Parks and
Recreation)
Executive Summary
Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed
yearly and adopted as an ordinance in order to comply with the Texas Senate Bill 212, Human Resource
Code,Section 42.041 (b)(14).
General Business
3. Consider, and act upon, Ordinance No. 2008-06 amending Ordinance No. 2007-29
(2007-2008 Budget) and approving an appropriation of funds in the amount of
$212,073.03 for the revised final statement of cost for the extension of SH 78 from
Eubanks to Spring Creek. (C. Holsted, City Engineer)
Executive Summary
On September 24, 2002, Council approved a Master Advance Funding Agreement (MAFA) with TxDOT
for the extension of SH 78 from Eubanks Ln. to Spring Creek Parkway. Also, a Local Project Advance
Funding Agreement (LPAFA) was approved on June 8, 2004 for the project. The MAFA contains
statewide contract standards generally agreeable to all cities and the LPAFA contains project specific
provisions. The SH 78 extension project was completed by Site Concrete and accepted by TxDOT in 2006.
4. Consider, and act upon, Resolution No. 2008-06(R) authorizing the City Manager to
enter into an Interlocal Agreement with the North Texas Municipal Water District
for the relocation of approximately 3,400 feet of 14-inch water pipeline along FM
1378. (C. Holsted, City Engineer)
Executive Summary
The North Texas Municipal Water District(NTMWD) operates a 14-inch water pipeline generally located
along the west side of FM 1378 from FM 544 to Brown Street. The existing pipeline will be in conflict
with the proposed City facilities as well as portions of the future reconstruction of FM 1378. The line must
be constructed and in service prior to the start of construction of the new City buildings. The proposed
agreement specifies that the City provide an easement for the relocated water line as well as reimburse the
district for the project cost.
February 12,2008 Wylie City Council Regular Meeting Agenda Page 4 of 5
5. Consider, and act upon, an Engineering Services Agreement, in the amount of
$62,000.00, with Halff Associates, Inc. for the design of the FM 1378 detour. (C.
Hoisted, City Engineer)
Executive Summary
The location of the new City facilities is proposed to be just east of the future alignment of FM 1378 and on
the existing alignment of the roadway as shown on the attached site plan. The construction of the new City
facilities is scheduled to begin in August 2008 which is prior to the construction of FM 1378; therefore, a
temporary detour is necessary to allow the construction of all three building to start at the same time.
6. Consider,and act upon, Resolution No.2008-07(R) recommending a project funding
schedule for the 2007 Collin County Bond Projects. (C. Hoisted, City Engineer)
Executive Summary
The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which
included five street projects in the City of Wylie. Collin County has asked Cities to submit a project
funding schedule identifying the funds needed for each project over the next five years. The County
expects to sell bonds yearly with the first issuance being in the first quarter of this year.
7. Consider, and act upon, Ordinance No. 2008-07 approving the petition of Oncor
Electric Delivery Company LLC to modify its lighting service tariff pursuant to the
Energy Policy Act of 2005. (M. Manson, City Manager)
Executive Summary
Oncor Electric Delivery recently provided notice that on December 11, 2007, a tariff revision was filed
with the Public Utility Commission to close new mercury vapor street light installations and implement a
plan to replace mercury vapor fixtures when the fixture and/or ballast must be changed. The PUC has since
approved this tariff and Oncor is now seeking approval of the proposed tariff from cities that have retained
their original jurisdiction.
8. Consider, and act upon, Ordinance No. 2008-08 endorsing the Settlement
Agreement between ACSC and Atmos regarding the Company's Statement of
Intent to increase rates and to approve tariffs that implement the terms of the
Settlement Agreement. (M. Manson, City Manager)
Executive Summary
The City,along with 150 other cities served by Atmos Energy Mid-Tex Division("Atmos"or"Company"),
is a member of the Atmos Cities Steering Committee ("ACSC"). Since October, ACSC members have
worked diligently with Atmos representatives to explore options to address Atmos'latest request to increase
rates by $52 million and to resolve other outstanding issues.The ordinance and tariffs(Attachment B to the
Ordinance)reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos'requested
increase by more than 80 percent and ensure that the Company is able to provide safe and reliable natural
gas service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for
customers by resolving outstanding appeals, creates a new process for expedited rate review by the cities,
eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses associated with the GRIP
surcharge cases, and avoids the necessity of costly litigation. The ACSC Executive Committee
recommends that ACSC members approve the Settlement Agreement.
9. Discussion regarding an amendment to Ordinance No. 98-16 (Consolidated Fees and
Charges/Fee Schedule Ordinance), Section 1.00 (Water and Sewer Rates and Fees,
Subsection 1.03 (Sewer Collection and Treatment Rates); providing for repealing,
savings and severability clauses; providing for an effective date of the ordinance and
providing for the publication of the caption of this ordinance. (L. Williamson,
Finance Director)
February 12,2008 Wylie City Council Regular Meeting Agenda Page 5 of 5
Executive Summary
Three years ago the City's Utility Billing Department had 5 separate water routes. Each route had its own
billing, collection and cutoff cycle. If there was a problem with one cycle, the other cycles would get
pushed back. As a consequence, customers would get a bill that covered 4 weeks one month and 6 weeks
the next month. This would prompt calls from customers wanting to know why their water and sewer bills
amounts had changed so much. This was not good for customer service and it added greatly to the phone
call traffic received in Utility Billing.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§551.072 To deliberate the purchase,exchange, lease or value of real property
generally located at:
• Purchase of Right-Of-Way for F.M. 1378
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 8th day of February, 2008 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Governor f// Code and that the appropriate news media was
111 Y contacted. As a courtesy, this agenda is also posted eh�� � yyyyyy���� WPy�lie website: www.wvlietexas.gov.
°
4.'. — J1Sfc: K
Carole EhrF i, 1 Secretary • ," Date Notice Removed
0miiiiiHale`'
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: Presentation
(City Secretary's Use Only)
Department: Fire
Prepared By: Randy Corbin Account Code:
Date Prepared: February 4, 2008 Budgeted Amount:
Exhibits: 1
Subject
Presentation of Proclamation declaring February 24, 2008 —March 1, 2008 as Severe Weather Awareness Week
in the City of Wylie.
Recommendation
Motion to declare February 24, 2008 —March 1, 2008 as Severe Weather Awareness Week in the City of Wylie.
Discussion
Wylie Fire-Rescue would like to encourage the City of Wylie's City Council Members to follow the lead of the
Governor's office and declare February 24, 2008 — March 1, 2008 Severe Weather Awareness Week. In
addition to recognizing the importance of preparing for severe weather, the City of Wylie should acknowledge
the teams of volunteers working for them in emergency preparedness.
Bill Blanton & the other volunteers of the City of Wylie's Community Emergency Response Team (CERT)
Program educate people about disaster preparedness for hazards that may impact their area and train them in
basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster
medical operations. Using the training learned in the classroom and during exercises, CERT members can assist
others in their neighborhood or workplace following an event when professional responders are not immediately
available to help.
Jon Bodie & the other volunteers of SkyWarn are part of the National Weather Service (NWS) program of
trained volunteer severe weather spotters. SkyWarn volunteers support their local community and government
by providing the NWS with timely and accurate severe weather reports. These reports, when integrated with
modern NWS technology, are used to inform communities of the proper actions to take as severe weather
threatens. Currently, Wylie SkyWarn has a communications position in our 9-1-1 center, giving direct severe
weather observations to our public safety personnel, enabling earlier warnings.
Approved By
Initial Date
Department Director RC 2/4/0
V�� I > ,(
City Manager ; i! 1 �'� -
Page 1 of 1
I/II Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, January 22, 2008 — 6:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor
Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman
Rick White, Councilman Merrill Young and Councilman Carter Porter.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance
Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire
Chief, Randy Corbin; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Wylie
Economic Development Executive Director, Sam Satterwhite; Public Information Officer, Craig
Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Girl Scout Troops #559 and #2094 led the Pledge of
Allegiance.
PRESENTATIONS
• Presentation on fiber cements siding and backer board (Hardie board). (D. Tresch,
National Director of Government Affairs)
Mr. Dan Tresch, National Director of Government Affairs presented information
regarding the use of fiber-cement siding. (Hardie Board). He explained the sustainability
of the product and the cost savings to builders and homeowners and the flexibility of the
product. He requested Council to consider the inclusion of this type of material as an
acceptable exterior residential building material.
Minutes—January 22, 2008
Wylie City Council
Page 1
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
There were no citizens present to address Council during Citizen Comments.
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 from the January 8, 2008 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Ordinance No. 2008-02 amending Zoning Ordinance 2006-
04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial,
establishing regulations specifying the location of Major Automobile Repair uses.
(R. 011ie, Planning Director)
C. Consider, and act upon, Ordinance No. 2008-03 amending Ordinance No. 2005-11,
Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill
Distribution), Subsection I (Inhabited Premises ) Amendment to Ordinance No.
2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and
Handbill Distribution) Subsection I (Inhabited Premises). (J. Duscio, Police Chief
D. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the
periods ending October 31, 2007,November 30, 2007 and December 31, 2007. (L.
Williamson, Finance Director)
E. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of November 30, 2007 and December 31,
2007. (S. Satterwhite, Executive Director, WEDC)
Councilmember Young noted that he believed the City needed to take into consideration the
current economy regarding property values for future updates of the City's long term financial
plan. He also noted his appreciation of monthly financial reports to the City Council.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
Minutes—January 22, 2008
Wylie City Council
Page 2
REGULAR AGENDA
Public Hearing
1. Hold the second Public Hearing for the annexation of a 0.1079 acre tract of land
situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas,
generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to
Woodbridge North Development. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that this annexation is at the request of the City of
Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to
Woodbridge North Development. Before a municipality may begin annexation proceedings, the
governing body of the municipality must conduct two (2) public hearings at which persons interested in
the annexation are given the opportunity to be heard. Mayor Mondy asked Planning Director 011ie if the
property owner had been notified. Ms. 011ie replied that pursuant to state law, the publications in the
newspaper had been made however contact with the property owner was not required. Mayor Mondy
asked that a letter be sent to the property owner stating the City Council meeting date (February 12,
2008) for consideration of the ordinance annexing the property, as a courtesy. Planning Director. 011ie
stated that she would contact the property owner. She noted that WEDC Executive Director Satterwhite
had sent a message via e-mail to the property owner with no response.
Public Hearing
Mayor Mondy opened the second Public Hearing at 6:35 p.m. asking anyone present wishing to
address council on the item to come forward and state their name and address.
No one came forward to address Council during the second Public Hearing on the annexation of
0.1079 acres tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County
Texas.
Mayor Mondy closed the second Public Hearing at 6:36 p.m.
No action was taken on this item. Consideration of the adoption of an Ordinance annexing the
property will be held on February 12, 2008 at 6:00 p.m. at the Regular City Council meeting.
General Business
2. Consider, and act upon, Resolution No. 2008-03(R) casting its vote for the fourth
member of the Board of Directors of the Dallas Central Appraisal District. (C.
Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich reported that at the November 13, 2007 Council meeting, City Council approved
Resolution No. 2007-39(R) casting a vote for Dwayne Gentsch as a member of the Board of Directors of
the Dallas Central Appraisal District. The City has been informed by the Dallas County Central Appraisal
District that no candidate of the suburban cities that participated in the election received a majority vote.
R. Scott Wheeler of Addison received nine (9) votes. Dwayne Gentsch of Garland received six (6) votes
and Michael Hurtt of Desoto received six (6) votes. A coin flip between the two candidates who share the
second highest number of votes, Dwayne Gentsch and Michael Hurtt, resulted in Michael Hurtt securing a
Minutes—January 22, 2008
Wylie City Council
Page 3
place on the ballot. Therefore, a runoff election will be held for the two candidates that received the
highest number of votes, Scott Wheeler of Addison, Texas and Michael Hurtt of DeSoto, Texas.
Mayor Pro Tern Byboth stated that he believed the City of DeSoto (Michael Hurtt) was more typically
aligned with the residents of the City of Wylie.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve
Resolution No. 2008-03(R), denoting the choice of Michael Hurtt as the City of Wylie vote for the
fourth member of the Board of Directors of the Dallas Central Appraisal District. A vote was
taken and passed 7-0.
3. Consider, and act upon, accepting the resignation of Robert Wieneke and the
appointment of a new member to the Library Advisory Board to fill the unexpired
term of July 1, 2007 to June 30,2009. (R. Orozco, Library Director)
Council Comments
Mayor Mondy stated that Eric LeJeune was a teacher in the Wylie school system and Courtney Gober
was a teacher Plano ISD. Mayor Pro Tern Byboth noted that during the Board interviews, he
remembered Mr. LeJeune being a very good candidate. Councilman Goss concurred.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Young to accept the
resignation of Robert Wieneke from the City of Wylie Library Advisory Board and appoint Eric
LeJeune to fill the unexpired term of July 1, 2007 to June 30, 2009. A vote was taken and
passed 7-0.
4. Consider, and act upon, authorizing the Mayor to enter into a Retail Development
Agreement with Woodbridge Crossing, L.P. (S. Satterwhite, Executive Director,
WEDC)
Staff Comments
Wylie Economic Development Corporation Executive Director Satterwhite addressed Council stating that
he apologized for the delay in the presentation of the draft agreement. He reported that most of the
agreement was the same as the "letter of intent" issued last month. He explained some of the business
points within the agreement which included a few changes:
Initial phase would consist of 280,000 sq. ft. by August 1, 2009. He reported that the original 530,000 sq.
ft. requirement within the first phase was not an obtainable goal and would require the inclusion of the
second anchor on the east side of the property. Mr. Satterwhite noted that in his opinion this was not
achievable, as a second anchor to date, has not been secured and not sought for the project and would
be unreasonable in the first phase. It would however include a proposed Target Anchor and all the
adjacent in-line area and the two "L" shaped pads fronting the development. Additionally they are
committing to include 1,000 parking spaces to support the second anchor and the in-line development on
the east side of Woodbridge Crossing which was not included in the initial discussions. This is an
additional $3.5 to $4 million dollar investment to the developer.
Second phase would consist of cumulative space of 530,000 sq. ft no later than August 1, 2011. The
development would guarantee $83,000,000 in ad valorem valuation no later than the first tax year
following completion of the second phase of the development.
Infrastructure improvements would include McCreary Road of 6,500 linear feet, 4 lanes to the south
property line of the landfill and 2 lanes to Sachse Farms. Springwell Parkway would be constructed at
1,030 linear feet to the southern property line as a 4 lane highway, traffic signals at McCreary, Springwell,
Minutes—January 22, 2008
Wylie City Council
Page 4
and the central entrance would be completed by the developer. Underground electric would be laid,
fronting F.M. 544
Incentives would include:
Years 1-4 — 85% of the sales taxes generated from Woodbridge Crossing, based upon the collection of
the 1% sales tax currently dedicated to the General Fund would be waived.
Years 5-12—65% of the sales taxes generated would be waived
Waiver of all development fees associated with lots 1, 2,6,7,8,9,14 and 17 as per the Development Plan
No fees will be waived for Lots 3,4,5,10,11,12,13,15 and 16.
Cumulative sales taxes reimbursed by the City and WEDC are capped at $12 million subject to an
addendum to this agreement increasing the cap by the net cost of placing the overhead utilities
underground.
Terms of the agreement include:
Start Date—60 days following the issuance of a CO for Super Target
End Date— 12 years from the start date subject however to the $12 million cap
Mr. Satterwhite reported that the city acknowledges that portions of this property will be sold to third
parties. The City also acknowledges that should the law change disallowing this type of incentive
agreement, the City, WEDC, and the developer will negotiate in good faith to meet the intent of the
agreement. He noted that Target is not a party to this agreement and the agreement will be terminated
should the performance measures not be met by the developer with future sales tax reimbursements
being discontinued.
Mayor Mondy asked Mr. Satterwhite if the agreement presented tonight was as agreed to in the letter of
intent with the exception of the before mentioned items. Mr. Satterwhite stated it was and the developer
was committed to the requirements of this agreement.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Young to amend the
proposed Retail Development Agreement such that the Waiver of City fees provided for in
paragraph 3 shall apply to the Initial Phase and the Second Phase, and to authorize the mayor to
enter into the Retail Development agreement with Woodbridge Crossing, L.P. A vote was taken
and passed 7-0.
5. Consider, and act upon, authorizing the Wylie Economic Development Corporation
(WEDC) to enter into a Performance Agreement between the WEDC and
Woodbridge Crossing, L.P. (S. Satterwhite, Executive Director, WEDC)
Staff Comments
Wylie Economic Development Corporation Executive Director Satterwhite addressed Council and
reported that the Wylie Economic Development Corporation met this morning and approved the
Performance Agreement between the WEDC and Woodbridge Crossing, L.P. contingent to approval by
the City Council.
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to authorize the
Wylie Economic Development Corporation (WEDC) to enter into a Performance Agreement
between the WEDC and Woodbridge Crossing, L.P. A vote was taken and passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
Minutes—January 22, 2008
Wylie City Council
Page 5
City Secretary Ehrlich read the captions of Ordinance No. 2008-02 and 2008-03 into the official
record.
Mayor Mondy recessed into Work Session at 7:12 p.m.
WORK SESSION
• Presentation, update, discussion, and direction related to revisions to the design
development and construction of the new Library, Recreation Center and City
Hall including "LEEDS" (Leadership in Energy & Environmental Design).
(ARCHITEXAS, Architect/Holzman Moss, Architecture)
Craig Melde, Principal for ArchiTexas opened the presentation explaining that at the last work
session, the design for the new buildings was reviewed and Council directed the design team to
move forward with the proposed design with one major exception. Council asked the design
team to explore some alternatives to the exterior treatment of the east, west, and north sides of
the building in lieu of the proposed metal panels which did not comply with current codes. Doug
Moss, Principal for Holzman Moss Architects explained that the design team had utilized the
original metal panels because of the design look and cost effectiveness of the material. He
reported that Council had suggested a different material due to current zoning regulations. He
reported that the team had researched the issue and is presenting tonight three alternatives to
the metal panels. He displayed samples of each option and pictures of buildings that
incorporated these materials into their building design. The options included: textured copper,
fired clay bricks of a terra cotta color, and stone much the same in color and texture as that
proposed for the front of the building but consisting of smaller blocks of various sizes. He
presented corresponding costs associated with each alternative. He reported that the copper
would be the most expensive and would run an additional $790,000. He reported the clay block
material would cost approximately $600,000 in additional funding and the stone blocks would
cost approximately $550,000 in additional funding.
Mayor Mondy asked Mr. Moss which material the team recommended. Mr. Moss reported that
they recommended the copper as a first choice because of the stately and traditional
appearance, the clay blocks as the second choice which give contrast to the front stone wall
which is a powerful focal point of the building design; and the smaller stone blocks as the third
choice. He displayed pictures of Cedar Hill Municipal Complex which utilized the clay blocks on
a portion of their building and the City of Frisco which used the stone blocks on the back of the
municipal building, connecting to the proposed parking garage. Mr. Craig Melde reported, in
order to build the municipal buildings, it would more than likely require a Planned Development.
Councilman White asked about the maintenance with a copper product. Mr. Melde reported
that the copper would turn color but would last for years. Mayor Mondy asked Mr. Melde if the
copper could be damaged. Mr. Melde replied that there could be some issues with dents caused
by hail or vandalism and suggested using a combination of materials with the cooper higher up
on the building to protect it. He also noted that a large awning cover would encompass the back
portion of the building. Councilman Goss stated that he would prefer to see the building with the
same stone as the front wall. Mr. Moss replied that, in his opinion, a contrast was needed
between the prominent front stone and the remainder of the exterior areas. Councilman Goss
had concerns regarding the clay blocks, stating that when the light hit the constructed blocks it
would show the small imperfections of the clay. Doug Moss replied that the process of installing
the blocks in uneven lines would help mitigate that issue.
Minutes—January 22, 2008
Wylie City Council
Page 6
Mayor Mondy asked about the water retention cisterns. Mr. Moss replied that the reason behind
having the cisterns above ground was for economics. He explained that to place them
underground would be quite expensive. He suggested placing them on a stone pedestal, planter
or bench. He stated that greenery could be grown up the cisterns to make them less noticeable.
Mr. Moss explained that in addition to presenting alternatives for the exterior treatment of the
building, the team was also presenting an option to pay for the additional funding and stay within
the design budget. He reported that in the City Hall on day one the design was to include a third
floor. He explained that the design was created to accommodate the City for 25 years out. All
the space would not be utilized in the first few years. He suggested shelling out the third floor
which could be a savings of $800,000 and would allow for the changes in any of the proposed
exterior materials. He reported that there were currently three departments that would utilize
the third floor: Human Resources, Parks and Recreation Administration and Information
Technology. He suggested moving those departments to other areas within the first two floors
of the city hall or to outside locations for the time being. Finance Director Williamson reported
that if the City Council wished to finance the additional $600,000 for the clay exterior, it would
compute to approximately $50,000 per year in additional debt. The copper would be around
$70,000 per year.
Direction from Council was to move forward using the clay block exterior design and construct
the buildings as previously planned without shelling the third floor of the City Hall. City Manager
Manson reported that she would obtain pictures of the clay material used on the Cedar Hill
Municipal Complex and send them to the Council members.
RECONVENE INTO OPEN SESSION
Take any action as a result from Work Session.
Mayor Mondy reconvened into Open Session at 8:16 p.m. He announced there would be a 5
minute break
Mayor Mondy recessed into Executive Session citing Section 551:074 Personnel Matters, to
deliberate the Evaluation of the City Manager at 8:22 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.074 Personnel Matters; Closed Meeting
• To deliberate the Evaluation of the City Manager
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Mondy reconvened the City Council into Open Session at 11:00 p.m.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tem Byboth to
approve a 4% increase in pay to City Manager Mindy Manson. A vote was taken and passed
7-0.
Minutes—January 22, 2008
Wylie City Council
Page 7
ADJOURNMENT
With no further business before Council, Mayor Mondy adjourned the meeting at 11:02 p.m.
Consensus of Council was to adjourn.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes—January 22, 2008
Wylie City Council
Page 8
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: B
(City Secretary's Use Only)
Department: City Secretary
Prepared By: Carole Ehrlich Account Code: N/A
Date Prepared: January 22, 2008 Budgeted Amount: N/A
Resolution,Notice of
Exhibits: Election,Election Calendar
Subject
Consider, and act upon, Resolution No. 2008-04(R) ordering a General Election to be held jointly with the
Wylie Independent School District and Collin County Community College on May 10, 2008 for the purpose of
electing a Mayor and two City Council Members, Places 5 and 6, to the Wylie City Council to fill expired
terms.
Recommendation
A motion to approve Resolution No. 2008-04(R) ordering a General Election to be held jointly with the Wylie
Independent School District and Collin County Community College on May 10, 2008 for the purpose of
electing a Mayor and two City Council Members, Places 5 and 6, to the Wylie City Council to fill expired
terms.
Discussion
The offices of Mayor and Council Places 5 and 6 will expire in May of 2008. By the proposed Resolution, the
City Council will order a General Election to be held jointly with the Wylie Independent School District and
Collin County Community College on May 10, 2008. There will be one election for a Mayor and Places 5 and 6
for the Wylie City Council positions appearing on one ballot.
This Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also
outlines the early voting by personal appearance locations. Early voting by personal appearance shall be
available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie
Municipal Complex, 2000 N. Highway 78, Wylie, Texas beginning on Monday, April 28, 2008 through
Tuesday, May 6, 2008 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours
on Thursday, May 1, 2008 from 8:00 a.m. to 7:00 p.m., Saturday, May 3, 2008 from 8:00 a.m. to 5:00 p.m.
and May 5, 2008 and May 6, 2008 from 7:00 a.m. to 7:00 p.m. Applications for a ballot by mail shall be
requested from and mailed to the Collin County Elections Administration Office, Attn: Elections
Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must
be received no later than the close of business on May 2, 2008.
Approved By
Initial Date
Department Director CE 1/22/08
City Manager !Y [1. )05
Page 1 of 1
RESOLUTION NO. 2008-04(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY,TEXAS,ORDERING THE GENERAL ELECTION TO
BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL
DISTRICT AND COLLIN COUNTY COMMUNITY COLLEGE AND
ADMINISTERED BY THE COLLIN COUNTY ELECTIONS
ADMINISTRATOR ON MAY 10,2008,FOR THE PURPOSE OF ELECTING
THE POSITION OF MAYOR AND TWO(2)MEMBERS,(PLACE 5 AND 6),
TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF
THREE YEARS; DESIGNATING LOCATIONS OF POLLING PLACES;
DESIGNATING FILING DEADLINES; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION
WITH SUCH ELECTION.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THAT:
SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent
School District and Collin County Community College on Saturday, May 10,2008,for the purpose of
electing a Mayor and two (2) City Council members to fill the following expiring terms on the Wylie
City Council; Mayor and Place 5 and Place 6.
SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such
locations in the City of Wylie, 2008 General Municipal Election are as follows:
County Election Precincts- Polling Place
Precinct 25, 144, 153 & 159 (Collin Co.) Southfork Mobile Home Park
216 Southfork Blvd.
Wylie, Texas
Precincts 27, 33, 41, 56, 83,133 (Collin Co.) Wylie Bible Church
Precincts lA (Rockwall Co.) 109 W. Jefferson
Precinct 2601 (Dallas Co.) Wylie, Texas
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
SECTION 3: Early voting by personal appearance shall be available at the Collin County
Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex,
2000 N. Highway 78, Wylie, Texas, beginning on Monday, April 28, 2008 through Tuesday, Mav 6,
2008 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on
Thursday,May 1,2008 from 8:00 a.m.to 7:00 p.m.,Saturday.May 3,2008 from 8:00 a.m.to 5:00 p.m.
Resolution No. 2008-04(R)
Order of May 10,2008 General Election Page 1
and May 5,2008 and May 6, 2008 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be
requested from and mailed to the Collin County Elections Administration Office, Attn: Elections
Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by
mail must be received no later than the close of business on May 2, 2008.
SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines
accordingly.Candidate Packets are available in the City Secretary's Office.The candidate filing periods
for the General Election for Mayor and Place 5 and 6 are as follows:
General Election Filing for Mayor and Place 5 and 6
Beginning: February 11, 2008 at 8:00 a.m.
Ending: March 10, 2008 at 5:00 p.m.
Candidates must file in the City Secretary's Office located at 2000 Highway 78
North, Wylie, Texas.
SECTION 5: Direct Record Electronic (DRE) voting machines shall be used in this election
for early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for
early voting by mail.
SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,in the
time and manner prescribed by law,all notices required to be so published and/or posted in connection
with the conduct of this election. The Collin County Election contract shall designate the election
judges for the joint election. The election,including providing notice of the election,shall be conducted
in accordance with the Texas Election Code and other applicable law, and all resident qualified and
registered voters of the City shall be eligible to vote at the election.
SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and conducting
the election, whether or not expressly authorized herein.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas
and Rockwall Counties, Texas, on this the 12th day of February, 2008.
John Mondy,Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2008-04(R)
Order of May 10,2008 General Election Page 2
NOTICE OF GENERAL ELECTION
To the registered voters of the City of Wylie, Texas:
Notice is hereby given that the City of Wylie, Collin County, Texas, has ordered a General Election to be held on May 10, 2008 for the
purpose of electing a Mayor and Council members for Place 5 and 6. The polling places listed below will be open from 7:00 a.m. to 7:00
p.m. on May 10,2008.
CANDIDATE FILING SCHEDULE
General Election Filing for a Mayor and Council members for Place 5 and 6
February 11,2008—March 10,2008 at 5:00 p.m.
LOCATIONS OF POLLING PLACES
Precinct 25 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas
Precinct 144 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas
Precinct 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Precinct 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Precinct 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct lA(Rockwall Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 2601 (Dallas Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Early voting by personal appearance will be conducted each weekday at the following two locations:
Main Early Voting location: Branch Early Voting location:
Collin County Elections Administration Office Wylie Municipal Complex
2010 Redbud Blvd., Suite 102 2000 Highway 78 North,
McKinney,Texas 75069 , Wylie,Texas 75098
You may vote between the hours of 8:00 a.m. and 5:00 p.m. beginning on Monday, April 28, 2008 through Tuesday, May 6, 2008
during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, May 1,2008 from 8:00 a.m.to 7:00
p.m., Saturday,May 3,2008 from 8:00 a.m.to 5:00 p.m.and May 5,2008 and May 6,2008 from 7:00 AM to 7:00 PM. Applications for
ballot by mail shall be mailed to:
Collin County Elections Administration Office
Attention: Elections Administrator
2010 Redbud Blvd., Suite 102 McKinney, Texas 75069
Applications for ballots by mail must be received no later than the close of business on May 2,2008.
Issued this the 12`"day of February 2008 by the Wylie City Council.
Signature of Presiding Officer(Oficial que Preside)
AVISO DE ELECCION GENERAL
A los votantes registrados de 1a Ciudad de Wylie, Texas:
Se da aviso por la presente que la Ciudad de Wylie, Condado de Collin, Estado de Texas, ha ordenado una ElecciOn General que se
llevara acabo el 10 de mayo, 2008 con el proposito de elegir a el alcalde y miembros del Concilio para el Puesto 5 y 6. Los centros
electorales apuntados abajo estaran abiertos de 7: 00 a.m.-7: 00 p.m.el 10 de mayo,2008.
HORARIO PARA LA CLASIFICACION DEL CANDIDATO
Expediente de la eleccion general para el Alcalde v miembros del Puesto 5 v 6
Empezando el 11 de Febrero,2008 hasta las 5:00p.m. el 10 de Marzo,2008
LOCALES DE LOS CENTROS ELECTORALES
Recinto 25 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 144 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto IA(Residentes de Wylie-Condado de Rockwall) Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 2601(Residentes de Wylie-Condado do Dallas) Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Votacion temprana por apariencia personal se conducira cada dia laboral en los proximos dos locales:
Local principal de votacion temprana: Sucursal en Wylie Municipal Complex
Condado de Collin 2000 Highway 78 North,
Administracion de elecciones del Condado de Collin Wylie, Texas
2010 Redbud Blvd.,Suite 102,
McKinney,Texas
Usted puede votar entre las horas de trabajo de 8: 00 a.m. - 5: 00 p.m., empezando el lunes,28 de april,2008 y terminando el martes, 6 de
mayo, 2008 con horas extendidas para votacion el jueves 1 de mayo, 2008 dentro de las horas de 8:00 a.m.—7:00 p.m. y el sabado 3 de
mayo, 2008 dentro las horas de las 8:00 a.m. - 5:00 p.m. y el 6 de mayo, 2008 dentro de las horas de 7:00 a.m. —7:00 p.m. Solicitudes
para boletos de votacion por correo deben ser enviadas a:
Collin County Elections Administration Office
Attention: Elections Administrator
2010 Redbud Blvd., Suite 102 McKinney,Texas 75069
Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 2 de mayo,
2008.
Publicado este 12 de Enero,2008 por el concilio de la Ciudad de Wylie.
Signature of Presiding Officer(Oficial que Preside)
TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM
•`EpKS CFq i.
+ as
•
Election Calendar
For a City's General Election on May 10, 2008
This calendar indicates the dates for actions necessary in a general election of city officers
to be held on May 10, 2008. It includes all major actions for which the Election Code
prescribes a specific date or deadline for performance, but it does not include all actions (e.g.,
preparation of ballot boxes and other election equipment and of sets of precinct election
forms) for which the beginning date for performance can vary from one city to another
depending on local factors. Each city secretary should use the chart in M §9.02 of the Texas
Municipal Election Law Manual in conjunction with this calendar to fill in those dates on the
city secretary's personal election calendar created in accordance with local conditions [see M
§9.03]. The city secretary's personal calendar should also reflect dates that the city secretary
prefers in place of the discretionary dates recommended in this calendar.
Column 5 indicates the time interval between the date of the action and election day. For
example, the notation "53`d" in the entry for March 18 means that the last day for a candidate
to withdraw is the 53`d day before election day; the notation " +5" in the entry for May 15
means that the last day for receiving a ballot from outside the United States is the 5' day
after election day.
When there is a statutory provision prescribing the last day for the performance of an act,
the number in Column 5 reflects that day. If the statutory day must be moved because of a
Saturday, Sunday, or state or national holiday, the resulting date is designated in Columns 1
and 2 and Column 5 indicates, in parentheses and italics, the actual number of days measured
from election day.
In preparing a personal calendar, the city secretary should remember the rule in EC §1.006
that if the last day for performance of an action falls on a Saturday, Sunday, or a state or
national holiday, the deadline date is usually extended to the next regular business day
whether the day is a city holiday or not [see M §2.16(a)]. When a deadline is extended for this
reason, the extended date is used for determining other dates that are calculated in relation
to the event of the extended date. Exceptions are noted in this calendar.
Major steps are in ALL CAPS. Steps for early voting are in ITALICS.
By or With Manual Column
Date Action Whom Taken Ref. § 5
Jan 7 Obtain a supply of the following forms: City Secretary 7.11 *124th
candidate's application for place on et seq.
ballot; appointment of campaign trea- 18.10
surer (candidate and specific-purpose
committee); report of contributions and
expenditures (candidate-officeholder
and specific-purpose committee); appli-
cation for mail ballot, and a set of
administrative forms if ordered from a
supply house. (Set up schedule for
ordering precinct sets and other forms
if they are to be ordered later.)
*An asterisk in Column 5 indicates the time stated is not required by statute.
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Jan 7- Review recommendation for following City Secretary 9.02 *124th
Feb 1 steps listed in M §9.02 for possible and City Council 20.06 thru
needed or desired action and 14.03 *99th
submission for preclearance under
federal Voting Rights Act: Steps 1
through 5 (revising election precincts;
designating polling places; changing
method of voting if equipment is
available but not adopted for use or if
acquisition of equipment by city is
desired); Step 12 (establishing or
changing terms of election judges);
also, any other action already taken by
council for which preclearance is
required but not yet submitted,
including new single-member districts.
Jan 15 Last day for timely filing of semi-annual City Secretary 18.05 Jan 15
report of contributions and expendi-
tures.
Jan 28 - Recommended period for CALLING Mayor l'l 10.03 *103rd
Feb 12 ELECTION AND POSTING NOTICE of 10.12 to
ELECTION on bulletin board. *88th
Jan 28 - Recommended period to submit City Secretary 20.06 *103rd
Feb 15 requests for PRECLEARANCE for any to
required matters. *85th
Feb 9 FIRST DAY FOR FILING APPLICATION City Secretary 11.05 92nd
for place on ballot. 30th day before filing (91S`)
deadline is Sat, Feb 9. (See Notes
below.)
Feb 9 FIRST DAY FOR FILING DECLARATION City Secretary 11 .10 92nd
OF WRITE-IN CANDIDACY. (91St)
NOTES:
(1) Since a person may not file earlier
than the 30th day before the deadline, and
the deadline is extended to the 61 St day, the
91 St day rather than the 92' day becomes
the first day for both of these actions.
(2) The City Secretary's Office is not
required to be open on Sat or Sun for either
of these activities.
*An asterisk in Column 5 indicates the time stated is not required by statute.
II
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Feb 12 Recommended LAST DAY FOR ORDER City Council 3.07 *88th
DESIGNATING ELECTION PRECINCTS
AND POLLING PLACES. (Preclearance
may be needed.)
Feb 25 Recommended beginning date for City Secretary 4.08 *75th
preliminary work on appointment of
election judges.
Mar 4 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 67th
is held in conjunction with the general
election, and the SPECIAL ELECTION
was called before the 70th day before
the election, this is the LAST DAY FOR
FILING AN APPLICATION for a place on
the ballot in the SPECIAL ELECTION.
Mar 7 Recommended last day to POST 72 City Secretary 8.06 *64th
HOUR NOTICE OF DRAWING for order
of names on ballot.
Mar 8 Remove candidate's name from ballot if City Secretary 11 .25 64th
the candidate dies on or before Mar 8. (63'd)
This date occurs on the 63" day rather
than the 64th day because the deadline
for filing is extended to the 61st day.
Mar 10 STATUTORY LAST DAY FOR Mayor '11 10.03 62"
ORDERING ELECTION.'2' 62nd day is on (61Sr)
Sunday, Mar 9. This action is extended to
Mar 10 (615t day►.
Mar 10 LAST DAY FOR FILING APPLICATION City Secretary 11 .05 62nd
FOR PLACE ON BALLOT (must be 11 .06 (61St)
received by 5 p.m.). City secretary's
office should stay open until 5 p.m.
62' day is on Sunday, Mar 9. This action is
extended to Mar 10 (61 St day). [In a city
office having a 4-year term, if no candidate
files, this deadline is extended to 5:00 p.m.,
Mar 14 (57th day).]
Mar 11 LAST DAY TO DELIVER NOTICE TO City Council 10.16 60th
THE COUNTY ELECTION OFFICIAL of (City Secretary)
each county in which the election will
be held.
*An asterisk in Column 5 indicates the time stated is not required by statute.
III
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Mar 11 FIRST DAY TO ACCEPT APPLICA- City Secretary 16.51 60th
TIONS FOR VOTING BY MAIL BALLOT. et seq.
17.02
17.03
Mar 11 First day of the period Texas Ethics City Secretary/ 18.01 60th
Commission will defer investigation until Texas Ethics
after election (or runoff) if an allegation Commission
is filed.
Mar Recommended period to CONDUCT City Secretary 8.06 *59th
12-14 DRAWING FOR ORDER OF NAMES ON thru
BALLOT. Prepare ballot format and *57th
send it to printer.
Mar 14 Extended deadline to file for a place on City Secretary 11 .05 57th
the ballot in a city office having a 4-
year term if no one has filed by 5 p.m.
on March 10 (must be received by 5
p.m.).
Mar 17 LAST DAY FOR A WRITE-IN City Secretary 11 .10 56th
CANDIDATE TO DECLARE CANDIDACY (50)
by 5 p.m. City secretary's office should
stay open until 5 p.m. (The 5' day after
the filing deadline is Sat, Mar 15. The date
is moved to Mon, Mar 17.)
Mar Recommended period for APPOINTING City Council 11] 4.03 *54th
17-28 ELECTION JUDGES. 121 (Schedule for 4.04 thru
first council meeting after period if no 4.05 *43rd
meeting during period.) See M §10.15
on giving notice to election judges.
Mar 18 LAST DAY for candidate to withdraw City Secretary 8.05 53rd
(withdrawal request must be received 11 .22
by 5 p.m.). LAST DAY that a 11.23
declaration of ineligibility causes 11 .24
omission of candidate's name from
ballot. City secretary's office should stay
open until 5 p.m.
Mar 20 RECOMMENDED DATE TO PRINT City Secretary 8.16 *51st
BALLOTS which have been prepared
earlier.
Mar 21 Beginning date of period for mandatory City Secretary 2.15 50th
office hours.
*An asterisk in Column 5 indicates the time stated is not required by statute.
iV
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Mar 26 FIRST DAY TO MAIL EARLY BALLOTS, City Secretary 16.57 45th
IF AVAILABLE. Note the roster of
persons mailed ballots is not available to
the public until the first business day after
election day[See M §16.56(g)].
Apr 2 Last day to mail balloting materials for City Secretary 16.57 38th
early voting by mail, to persons who
applied 8 days or more before the 45th
day.
Apr 9 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 31 st
is held in conjunction with the general
election, under most circumstances
(election ordered after 70th day and not
later than 36th day), this is the LAST
DAY FOR FILING AN APPLICATION for
a place on the ballot in the SPECIAL
ELECTION.
Apr 10 Due date for filing first report of City Secretary 18.06 30th
campaign contributions and
expenditures by opposed candidates
and specific-purpose committees
supporting or opposing opposed
candidates by 5 p.m. or midnight if filed
electronically. City secretary's office
should stay open until 5 p.m.
Apr 10 Last day to order a SPECIAL ELECTION Mayor "1 13.04(f) 30th
to fill a vacancy except under special
circumstances.
Apr 10 Last day for submitting voter Registrar 6.23(g) 30th
registration application in time to vote 6.25(b)
at the election or for requesting transfer
of registration in time to vote in new
precinct not in the same county and
territory.
Apr 10 Recommended last day to notify Mayor 10.15 *30th
presiding judges of duty to hold
election.
Apr 10 Recommended last day to request voter City Secretary 6.32 *30th
registrar to prepare lists of registered 6.35
voters and furnish statement of 7.42
residence forms to be used in
conducting the election.
*An asterisk in Column 5 indicates the time stated is not required by statute.
V
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Apr 10- PERIOD FOR PUBLISHING NOTICE OF Mayor [11 10.12 30th
Apr 30 ELECTION. 20.04 thru
10th
Apr 11 Minimum 10th day to post continuous City Secretary 16.72 29th
notice if signature verification com-
mittee meets Apr 21.
Apr 14 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 26th
is held in conjunction with the general
election, this is the last day (by 5 p.m.)
for a write-in candidate to declare
candidacy for SPECIAL ELECTION, if
Apr 9 was filing deadline. City
secretary's office should stay open until 5
p.m.
Apr 18 Recommended last day to request City Secretary 9.45 *22nd
waiver of partial manual recount of
electronically counted ballots.
Apr 18- Possible period for posting notice City Secretary 16.22(k) 22nd
May 1 amending notice of branch early voting thru 9th
polling places.
Apr 19 LAST DAY for POSTING NOTICE OF City Secretaryw 10.12(c) 21st
(Apr 18 ELECTION on bulletin board for posting
Recom- notices of city council meetings. The
mended) 21st day is on Sat. Technically, the
notice can be delayed until Mon, Apr
21, but it is better practice to post no
later than Fri, Apr 18, which is the 22nd
day before the election.
Apr 20 Last day for applicant to submit a City Secretary 17.02(a) 20th
federal postcard application.
Apr 20 First day a signature verification City Secretary 16.72 20th
committee may begin work.
Apr 20 First day jail authority can deliver ballots City Secretary 16.51(a) 20th
in person.
Apr 23 Last day to post continuous notice of City Secretary 16.22(k) 17th
schedule for branch early voting polling
places.
*An asterisk in Column 5 indicates the time stated is not required by statute.
vi
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Apr 25 Last day to receive application from City Secretary 16.51(c) 15th
voter in person for a ballot to be voted
by mail (by close of business). This is
the last business day before the beginning
of early voting by personal appearance.
Apr 25 STATUTORY DEADLINE FOR NOTI- Mayor 10.15(a) 15th
FYING JUDGES OF DUTY TO HOLD
THE ELECTION.
Apr 25 Last day to challenge write-in candidate City Secretary 1 1 .10(i) 15'
for compliance.
Apr 26 Last day candidate may withdraw and City Secretary 11 .22 14'
have name removed from ballot if the
filing deadline was later than the 61st
day before election day. This deadline
applies to SPECIAL ELECTIONS and
remains on Sat.
Apr 28 FIRST DAY FOR EARLY VOTING BY City Secretary 16.21 12th
PERSONAL APPEARANCE. If voting 16.22(i)
will be conducted on Sat or Sun, May 3
or 4, notice of schedule must be posted
at least 72 hours before first hour of
the weekend voting.
Apr 30 LAST DAY FOR PUBLICATION OF Mayor 11] 10.12 10tn
NOTICE OF ELECTION.
May 1 First day for new illness or disability Voter 17.16 9th
allowing late application for late
(emergency) early voting.
May 2 Due date for filing second report of City Secretary 18.06(c) 8th
campaign contributions and 18.08(a)
expenditures by 5 p.m. or midnight if & (c)
filed electronically.
May 2 Last day to receive application by mail City Secretary 16.51(b) 7th
for a ballot to be voted by mail, by 12 16.55(b) (8th)
noon or close of business, whichever is
later. 7th day is on a Sat. Move date to
Fri, May 2 (8th day) (exception to
general rule).
*An asterisk in Column 5 indicates the time stated is not required by statute.
VII
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
May 4 Last day for publication of notice of first City Secretary 7.40(d) 6th
test of automatic tabulating equipment
to be used at a polling place if the first
test is on May 7. (48 hours before date
of test.)
May 5 First day for death in family to qualify City Secretary 17.31 5th
for late (emergency) early voting.
May 5 Last day for publication of notice of first City Secretary 7.40(b) & 5th
test of automatic tabulating equipment (d)
to be used at a central counting station
if the first test is on May 8. (48 hours
before date of test.)
May 6 LAST DAY OF REGULAR EARLY City Secretary 16.21(c) 4'
VOTING BY PERSONAL APPEARANCE.
May As soon as early voting is over, and City Secretary 16.74(a) 4t' thru
6-10 until 7:00 p.m. May 10, early voting close of
ballots may be delivered to the early polls
voting ballot board if notice
requirements have been followed.
May 7 Last day to receive an application to City Secretary 16.59(a) 3rd
cancel mail ballot.
May 7 Last day for conducting first test of City Secretary 7.40(c) & 3`d
automatic tabulating equipment to be (d)
used at a polling place (at least 48
hours before used for counting on
election day). To assure 48 hours
before 7 a.m. of election day, test must
be by 3`d day. Notice must be
published at least 48 hours before date
of test.
May Period to apply for late (emergency) City Secretary 17.33 3`d
7-9 early voting because of death in family thru 1st
May 5 or later.
May Prepare list of registered voters for early City Secretary 16.76 *3rd
7-9 voting ballot board if more than one thru 1"
early voting polling place.
May Period to apply for late (emergency) City Secretary 17.17 3`d thru
7-10 early voting because of illness or Election
disability originating on or after May 1. Day,
5 p.m.
*An asterisk in Column 5 indicates the time stated is not required by statute.
VIII
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
May 8 Last day for first test of automatic Presiding Judge 7.40(b) 2nd
tabulating equipment to be used at a
central counting station. Notice must
be published at least 48 hours before
date of test.
May 9 Recommended date for delivery of City Secretary 7.47 *1st
precinct early voting lists and supplies 16.83(j)
to presiding election judges.
May 9 Recommended date for delivery of City Secretary 7.48 *1st
equipment to polling places (statutory
deadline is 6 a.m. on election day).
May 9 RECOMMENDED DAY TO POST City Secretary 9.42 *1st
NOTICE OF COUNCIL MEETING to
canvass the returns if canvass will be
on 3rd day after election. Notice must
be posted at least 72 hours before time
of meeting.
May 9 Last day to submit an application (by City Secretary 17.33(b) 1st
close of business) for and vote a ballot
by personal appearance due to death in
immediate family that occurred May 5
or later.
May 10 ELECTION DAY. Polls are open 7 a.m. City Secretary 17.41 E Day
to 7 p.m. Voting by sick or disabled
voters at main early voting place, 7
a.m. to 7 p.m., where voting machines
are used at precinct polling place.
May 10 7 a.m. to 7 p.m. early voting clerk's City Secretary 9.23 E Day
office must remain open for early voting
activities.
May 10 5 p.m. deadline for late applications for City Secretary 17.16 E Day
ballots from voters who became ill or 17.17
disabled May 9th or later.
May 10 Deliver early voting ballots, etc., to City Secretary 16.73(a) E Day
early voting ballot board. Second key
to ballot box is delivered by chief of
police or marshal.
May 10 After regular mail delivery, check mail City Secretary 9.23(b) E Day
box for early voting mail ballots. 16.58(a)
*An asterisk in Column 5 indicates the time stated is not required by statute.
ix
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
May 10 Receive precinct records, voted ballots, City Secretary 9.33(d) E Day
etc. (Chief of police or marshal Mayor 9.34
receives keys to ballot boxes containing
voted ballots.)
May 10 UNOFFICIAL TABULATION OF City Secretary 9.35 E Day
RESULTS.
May 12 First day for public access to roster for City Secretary 16.56(g) +2
mailed early voting ballot materials.
Last day to deliver provisional ballots
May 12 to Voter Registrar. City Secretary 9.41 +2
May 13 PROVIDE OFFICIAL OATH AND City Secretary 12.32(d) *+3
STATEMENT OF ELECTED OFFICIALS
to candidates who appear to have won,
or may win.
May Period during which early voting ballot Early Voting 16.74(e) +3 thru
13-15 board may meet to count ballots Ballot Board +5
received from outside the United States
if the early voting clerk certifies that all
ballots mailed from outside the United
States have been received.
May PERIOD FOR OFFICIAL CANVASS. City Council/ 9.42 +3 thru
13-21 Mayor sets exact day and hour. City City Secretary 9.44 + 11
secretary records results in election
register as soon as practicable after
canvass. [Canvass may occur before 1 1th day
only if all FPCA ballots have been received and
the ballot board has completed the count of
provisional ballots.]
May Completion before canvass of report of City Secretary 16.87 +3 thru
13-21 early votes cast for each candidate or + 11
measure, by election precinct.
May AFTER CANVASS, ISSUE CERTIFICATE Mayor 12.23 +3 thru
13-21 OF ELECTION. + 1 1
May 13- Partial manual count of electronically City Secretary 9.45 +3 thru
Jun 2 counted ballots if waiver not obtained +21
from secretary of state. +21 St day is (+23)
Sat. Move the date to Mon, Jun 2
(+23`d day).
*An asterisk in Column 5 indicates the time stated is not required by statute.
X
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
May 15 Last day for receiving a ballot from City Secretary 16.58(b) +5
outside the U.S.
May 16 Early voting ballot board meets to count Early Voting 16.74(e) +6
ballots received from outside the United Ballot Board
States, if the early voting clerk did not
certify that all ballots mailed from
outside the United States had been
received earlier. (Provisional ballots
may be processed at this time if they
have been received.)
May 16 Type A elected officials may qualify and Candidate with 12.34 +6
assume duties of office [LGC §22.0061. City Secretary
The statute states 5th day after election,
excluding Sundays. The resulting day is
the 6th day after. Officials may not take
office until the canvass is complete
unless the election was cancelled.
May ORDERING OF RUNOFF ELECTION, if City Council 14.04 +8 thru
18-27 necessary, not later than 5th day after or + 16
canvass. If the 5th day is Sat, Sun, or Mayor i'1 (+ 17)
Memorial Day (May 26), the deadline is
extended to the next business day (May
27).
May 19 Last day for early voting ballot board to Early Voting 9.41 +7
verify and count provisional ballots. Ballot Board 16.77 (+9)
(The 71h day after the election is Sat,
May 17. The date is moved to Mon,
May 19.) The secretary of state recommends
counting provisional ballots on the 6th day after
the election, Fri, May 16, if possible.
May 23 - Period during which notice of disposi- Presiding 16.77 By 10th
Jun 2 tion of provisional ballots must be Judge of day after
mailed to voters. If 10th day is Sat or EVBB canvass
Sun, last day is Mon.
Jun 2 Last day for mailing results of manual City Secretary 9.45 +21
count to secretary of state, if no waiver (+23)
is obtained. +21 St day is Sat. Move to
Mon, Jun 2 (+23`d day).
Jun 2- POSSIBLE PERIOD FOR RUNOFF City Secretary/ 14.03 20th-45th
July 5 ELECTION, depending on date of official City Council day afte'
canvass, unless a charter provides for a canvass
later date.
*An asterisk in Column 5 indicates the time stated is not required by statute.
xi
ELECTION CALENDAR FOR MAY 10, 2008, Continued
By or With Manual Column
Date Action Whom Taken Ref. § 5
Jun 9 Last day to transmit election results by Mayor 9.44 +30
city precinct in electronic form to (Presiding Officer
secretary of state. of the Canvassing
Committee)
Jun 19 LAST DAY OF MANDATORY OFFICE City Secretary 2.15 +40
HOURS.
July 10 First day for transfer of voted ballots City Secretary 9.50 +61
from the locked ballot box to another
secure container.
July 15 Last day for timely filing of semiannual City Secretary 18.05 July 15
report of contributions and
expenditures.
Mar 10 Last day of preservation period for +22
2010 , ballots and other precinct election City Secretary 9.50(g) months
records of main election.
Endnotes
[1] Follow home-rule city's charter provision, if any.
[2] The city's governing body may choose to conduct a mock student election under EC
§276.007. The major steps taken for a general election should be taken for a student
election. The student election may be held on the first day before the election, but results
must not be published until after the polls close on election day.
NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION
To prepare a calendar for a special election to fill a vacancy in office, see M §13.02; for
a special election on a measure, see M §15.02; for a runoff election, see M §14.03.
NOTE ON CONTEXT
When reading a section of the Election Code, remember to read the chapter and
subchapter titles to determine if the section you are reading applies to cities.
*An asterisk in Column 5 indicates the time stated is not required by statute.
xii
Wylie City Council
CITY OF WYLIE AGENDA REPORT
q
Meeting Date: January 23, 2007 Item Number: C
(City Secretary's Use Only)
Department: City Secretary
Prepared By: Carole Ehrlich Account Code: 100-5113-56070
Date Prepared: January 12, 2007 Budgeted Amount: $9,600.00
CCEA Contract/Cost
Exhibits: Estimates
Subject
Consider, and act upon, a Joint Election Contract between the City of Wylie and Wylie Independent School
District (WISD); and a Joint Election Agreement to include Collin County Community College District to be
administered by the Collin County Elections Administrator for the May 10, 2008 Wylie General Election.
Recommendation
Motion to approve a Joint Election Contract between the City of Wylie and Wylie Independent School District;
and a Joint Election Agreement to include Collin County Community College District to be administered by the
Collin County Elections Administrator for the May 10, 2008 Wylie General Election.
Discussion
By the terms of this contract, the City of Wylie and the Wylie Independent School District do hereby agree,
pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election to be
held on Saturday May 10, 2008. Exhibit "D" of this contract also contains a Joint Election Agreement with the
Collin County Community College District.
All entities will contract with the Collin County Elections Administrator to perform various duties and
responsibilities on behalf of the three entities. This contract, once executed will formalize the Joint Election for
May 10, 2008 between the entities and approve the equally shared cost for the General Election. Under the
terms of the contract, it is noted that if one entity cancels their election, a charge of$75.00 will be accessed and
the other entity will assume the full cost for the election.
Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any
County for any lawful purpose for the advancement of the interests of its inhabitants. HB 945 passed in the last
legislative session requires Independent School Districts that are located wholly or partly within the boundaries
of a city and/or hospital district to hold their elections on the same date jointly with the city or hospital district.
CCEA will hold the election for residents residing in the City of Wylie in Collin, Rockwall and Dallas
counties.
Approved By
Initial Date
Department Director CE 01-12-07
City Manager
Page 1 of 1
May 10, 2008
Joint General Election
Contract for Election Services
Wylie City/School
May 10, 2008
Joint General Election
Table of Contents
I Duties and Services of Contracting Officer
II Duties and Services of City and School District
III .Cost of Election
IV Joint Election Agreement
V General Provisions
Exhibits
Exhibit A Early Voting Schedule and Locations
Exhibit B Election Day Polling Locations
Exhibit C Cost of Services
Exhibit D Joint Election Agreement
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 2
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN §
CITY- SCHOOL WYLIE ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD
OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter
referred to as the "SCHOOL DISTRICT," and SHARON ROWE, Elections
Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"
pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas
Election Code, agree to the following particulars in regard to coordination, supervision
and running of the City and School District's May 10, 2008 Joint General Election.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election),training and compensation of all presiding judges, alternate
judges, the judge of the Central Counting Station and judge of the Early Voting Balloting
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the City and the School
District will be the accepted guidelines for the number of clerks secured to
work in each polling place. The presiding election judge of each polling
place, however, will use his/her discretion to determine when additional
manpower is needed during peak voting hours. The Contracting Officer
will determine the number of clerks to work in the Central Counting
Station and the number of clerks to work on the balloting board.
Election judges shall be secured by the Contracting Officer with the
approval of the City and the School District.
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 3
b. Election judges shall attend the Contracting Officer's school of
instruction(Elections Seminar)to be held Thursday, May 8, 2008, at the
Collin County 380 Courts Bldg., Central Jury Room, 1800 N. Graves St.,
McKinney,TX at 2:00 PM.
c. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup
and delivery of supplies will be $25.00.
d. The Contracting Officer shall compensate each election judge and
worker. Each judge shall receive $12.00 per hour for services rendered.
Each alternate judge and clerk shall receive $10.00 per hour for services
rendered.
B. The Contracting Officer shall procure, prepare, and distribute voting
machines, election kits and election supplies.
a. The Contracting Officer shall secure election kits which
include the legal documentation required to hold an election and all
supplies including locks, pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the central counting station.
c. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required
by law. The Election Day list of registered voters shall be arranged in
alphabetical order by polling place, in lieu of alphabetic by each precinct
in each polling place.
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
May 10.2008 Joint General Election—Wylie City and ISD
01/15/08—Page 4
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and tote boxes.
2. Supplies include smart cards, sample ballots, early
voting mail ballots, pens, tape, markers, etc.
C. The Contracting Officer, Sharon Rowe, shall be appointed the Early
Voting Clerk by the City and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the City and School
District's May 10, 2008, Joint General Election shall be conducted during
the time period and at the locations listed in Exhibit"A", attached and
incorporated by reference into this contract.
c. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the City
or School District shall immediately be faxed to the Contracting
Officer for timely processing. The original application shall then
be forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 5
Code. The presiding judge of this Board shall be appointed by the
Contracting Officer.
D. The Contracting Officer shall arrange for the use of all Election Day
polling places. The City and School District shall assume the responsibility of remitting
the cost of all employee services required to provide access, provide security or provide
custodial services for the polling locations. The Election Day polling locations are listed
in Exhibit"B", attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty
Seals.
a. The tabulation supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted.
c. Election night reports will be available to the City and School
District at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the City and School District as soon as possible after
all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
1. Pending no litigation and as prescribed by law, the voted
ballots shall be shredded 22 months after the election.
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 6
2. The City and School District can obtain the list of
registered voters from the Elections Administration Office after
this retention period. Pending no litigation and if the City or
School District does not request the lists, the Contracting Officer
shall destroy them.
f. The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the City and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(E) of the aforementioned code.
II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The
City and School District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions,
notices,justice department submissions, official canvass and other pertinent documents
for adoption by the appropriate office or body. The City and School District assumes the
responsibility of posting all notices and likewise promoting the schedules for Early
Voting and Election Day.
B. The City and School District shall provide the Contracting Officer with an
updated map and street index of their jurisdiction in an electronic or printed format as
soon as possible but no later than Friday, March 21, 2008.
C. The City and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation in an electronic format.
a. The City and School District shall deliver to the Contracting
Officer as soon as possible, but no later than Tuesday, March 11, 2008, the
official wording for the City and School District's May 10, 2008, Joint
General Election.
b. The City and School District shall approve the "blue line" ballot
format prior to the final printing.
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 7
D. The City and School District shall post the publication of election notice
by the proper methods with the proper media.
E. The City and School District shall prepare and submit to the U. S.
Department of Justice under the Federal Voting Rights Act of 1965, any required
submissions on voting changes.
F. The City and School District shall compensate the Contracting Officer for
any additional verified cost incurred in the process of running this election or for a
manual count this election may require, consistent with charges and hourly rates shown
on Exhibit"C" for required services.
G. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to Friday, March 28, 2008. The Contracting
Officer shall place the funds in a"contract fund" as prescribed by Section 31.100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time frame
to:
Collin County Treasury
200 S. McDonald, Suite 310
McKinney, Texas 75069
ATTN: Alice Dobecka
H. The City and School District shall pay the cost of conducting said election,
less partial payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit "C."
IV. JOINT ELECTION AGREEMENT. See Exhibit"D."
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the City and
May 10.2008 Joint General Election—Wylie City and ISD
01/15/08—Page 8
School District's May 10, 2008, Joint General Election is to be filed or the place at which
any function is to be carried out, or any nontransferable functions specified under Section
31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the City and School
District.
C. If the City and/or School District cancel their election pursuant to Section
2.053 of the Texas Election Code,the Contracting Officer shall be paid a contract
preparation fee of$75. An entity canceling an election will not be liable for any further
costs incurred by the Contracting Officer in conducting the May 10, 2008, Joint General
Election. All actual shared cost incurred in the conduct of the election will be divided by
the actual number of entities contracting with the Contracting Officer and holding a May
10, 2008, Joint General Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County, Texas.
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 9
WITNESS BY MY HAND THIS THE DAY OF 2008.
Sharon Rowe
Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS THE DAY OF 2008.
By: Attest:
John Mondy, Mayor Carole Ehrlich, City Secretary
City of Wylie City of Wylie
WITNESS BY MY HAND THIS THE DAY OF 2008.
By: Attest:
Brian Miller, Asst. Superintendent Joyce Wood, Secretary
Wylie Independent School District Wylie Independent School District
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 10
Exhibit"A"
MAY 10, 2008, JOINT GENERAL ELECTION
City of Wylie, Wylie ISD
Early Voting Locations and Hours
Polling Place Address City
Collin County Election Office 2010 Redbud Blvd., #102 McKinney
(Main Early Voting Location)
Wylie Municipal Complex 2000 N. Hwy 78 Wylie
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Apr 27 April 28 April 29 April 30 May 1 May 2 May 3
8am—5pm 8am—5pm 8am—5pm 8am - 7pm 8am - 5pm Sam - 5pm
Mayo Mays May 6 May 7 May 8 May 9 May 10
7am—7pm
7am—7pm 7am—7pm Election Day
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 11
Exhibit"B"
MAY 10, 2008
JOINT GENERAL ELECTION
City of Wylie, Wylie ISD
Election Day Polling Locations
Precincts Location Address City
25, 144, 153, 159 Southfork Mobile Home Park 216 Southfork Blvd. Wylie
27, 33, 41, 56, 83, 133 Wylie Bible Church 109 W. Jefferson Wylie
1 A (Rockwall County)
2601 (Dallas County)
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 12
ESTIMATED CHARGES FOR THE CITY OF WYLII
May 10,2008
Exhibit"C"
SUPPLY COST
Number of Early Voting Locations 1
Number of Election Day Locations 2
Units Cost WCTY Units Cost WCTY/WISD/CCCC
Sample Ballots $0.0870 each 125 $10.88 275 $23.93
Early Voting Mail Ballots $1.20 each 5 $6.00 15 $18.00
Precinct Ballot Setup $10.00 each 1 $10.00 1 $10.00
Precinct Ballots $0.1870 each 100 $18.70 150 $28.05
Early voting and election day kits $25.00 each 0 $0.00 3 $75.00
Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00
County Precinct Maps $12.00 each 0 $0.00 3 $36.00
Printer Labels for EV $15.95 each 0 $0.00 3 $47.85
Total $45.58 $288.83
Number of Entities Sharing Costs 1 3
SubTotal $45.58 $96.28
Grand Total $141.85
EQUIPMENT RENTAL COST
Number of Early Voting Locations 1
Number of Election Day Locations 2
Units Cost WCTY Units Cost WCTY/WISD/CCCC
Voting Machines $200.00 each 0 $0.00 14 $2,800.00
Machine Drayage $30.00 each 0 $0.00 14 $420.00
L&A Equipment Testing $22.00 each 0 $0.00 14 $308.00
Transfer Cases $5.00 each 0 $0.00 2 $10.00
Metal Signs $1.00 each 0 $0.00 6 $6.00
Wood Signs $2.00 each 0 $0.00 3 $6.00
Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00
Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00
Tote Box $1.00 each 0 $0.00 2 $2.00
Early Voting Computer $300.00 each 0 $0.00 1 $300.00
Total $0.00 $3,907.00
Number of Entities Sharing Costs 1 3
SubTotal $0.00 $1,302.33
Grand Total $1,302.33
EARLY VOTING
Number of Early Voting Locations 1
Workers each location 4
Units Cost WCTY Units Cost WCTY/WISD/CCCC
EV Ballot Board Fluctuates 1 $75.00 0 $0.00
Mailed Ballot Kits $1.00 each 0 $0.00 15 $15.00
Postage for Ballots $0.58 each 0 $0.00 10 $5.80
Assemble EV Location $50.00 each 0 $0.00 1 $50.00
Total Judge Hours $12.00 each 0 $0.00 90 $1,080.00
Total Alt.Judge&Clerk Hours $10.00 each 0 $0.00 270 $2,700.00
Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00
Total $75.00 $3,875.80
Number of Entities Sharing Costs 1 3
SubTotal $75.00 $1,291.93
Grand Total $1,366.93
ELECTION DAY
Number of Election Day Locations 2
Workers each location 4
Units Cost WCTY Units Cost WCTY/WISD/CCCC
Total Judge Hours $12.00 each 0 $0.00 28 $336.00
Total Alt.Judge&Clerk Hours $10.00 each 0 $0.00 78 $780.00
Election Day Technical Support $100.00 each 0 $0.00 2 $200.00
Pickup&Delivery of Supplies $25.00 each 0 $0.00 2 $50.00
Total $0.00 $1,366.00
Number of Entities Sharing Costs 1 3
SubTotal $0.00 $455.33
Grand Total $455.33
ADMINISTRATIVE EXPENSES
Number of Early Voting Locations 1
Number of Election Day Locations 2
Units Cost WCTY Units Cost WCTY/WISD/CCCC
Deposit for Manual Recount $60.00 each 1 $60.00 0 $0.00
Process Pollworker Checks $1.50 each 0 $0.00 8 $12.00
Process Election Judge Notices $1.50 each 0 $0.00 6 $9.00
Total $60.00 $21.00
Number of Entities Sharing Costs 1 3
SubTotal $60.00 $7.00
Grand Total $67.00
TABULATION
Tabulation Network $4,000.00
Programming $2,050.00
Audio Services $1,000.00
Notice of Inspection/Tabulation Test $500.00
Total $7,550.00
Number of Entities 30
Total Per Entity $251.67
CENTRALIZED COSTS
Cost for Central County Workers $1,500.00
FICA on Election Workers $2,500.00
Assemble EV Location $50.00
Early Voting Machines in McKinney(8) $1,600.00
L&A Testing of Equipment(8) $176.00
Early Voting Computer in McKinney $300.00
Early Voting Personnel in McKinney $4,500.00
Ballot Style Setup Fee (Printer) $60.00
Printer Labels for Early Voting $80.00
County Overtime and Temporaries $18,000.00
FICA& Retirement for County Employees $2,000.00
Total $30,766.00
Number of Entities 25
Total Per Entity $1,230.64
Total for Tabulation &Centralized Costs $1,482.31
SUMMARY OF COSTS FOR CITY OF WYLIE
SUPPLY COST $141.85
EQUIPMENT RENTAL COST $1,302.33
EARLY VOTING $1,366.93
ELECTION DAY $455.33
ADMINISTRATIVE EXPENSES $67.00
TABULATION/CENTRALIZED COSTS $1,482.31
Total $4,815.75
10%Administrative Fee $481.58
Total $5,297.33
90% Deposit Due by 3/21/08 $4,767.59
Exhibit"D"
JOINT ELECTION AGREEMENT
between
The City Council of the City of Wylie, Texas(the City)and the Board of Trustees of the Wylie
Independent School District(the School),and the Board of Trustees of the Collin County
Community College District(the College).
BY THE TERMS OF THIS AGREEMENT,the City,the School,and the College do hereby agree,
pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the
City and General Election of the School and College District to be held on Saturday,May 10,2008. All
entities have contracted with the Collin County Elections Administrator(Election Administrator)to perform
various duties and responsibilities on behalf of the three entities.
The three entities shall share equally in the expense of the polling locations,election officials, supplies,
ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices
reflecting the total of such election.
An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for
costs incurred by the Elections Administrator in conducting the May 10,2008,Joint General Election;they
will be liable only for the contract preparation fee of$75.00.
APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the
day of ,2008 and executed by its authorized representative.
By: Attest:
John Mondy, Mayor Carole Ehrlich,City Secretary
APPROVED ON BEHALF OF THE MCKINNEY INDEPENDENT SCHOOL DISTRICT in its
meeting held the day of ,2008, and executed by its authorized representative.
By: Attest:
Brian Miller,Asst. Superintendent Joyce Wood, Secretary
APPROVED BY THE BOARD OF TRUSTEES OF THE COLLIN COUNTY COMMUNITY
COLLEGE DISTRICT in its meeting held the day of ,2008, and executed by its
authorized representative.
By: Attest:
Dr. Cary Israel,President Brenda Kihl,Assistant to the President
May 10,2008 Joint General Election—Wylie City and ISD
01/15/08—Page 13
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: D
(City secretary's Use Only)
Department: Engineering
Prepared By: Chris Hoisted Account Code:
Date Prepared: January 29, 2008 Budgeted Amount: N/A
Exhibits: 3
Subject
Consider, and act upon, a release of escrowed funds, in the amount of$581,646.56, to the Wylie Independent
School District (WISD) for the construction of Hensley Lane.
Recommendation
Motion to approve a release of funds, in the amount of$581,646.56, to the Wylie Independent School District
(WISD) for the construction of Hensley Lane.
Discussion
In 2005, WISD escrowed $519,686.00 for the future construction of Hooper Road and Hensley Lane. On July
10, 2007 Council approved an Interlocal Cooperation Agreement between the City and WISD. The agreement
specifies that WISD will construct Hensley Lane from Raymond Cooper Junior High School to the City of
Wylie Public Service Center. WISD has request release of the funds previously escrowed so that they may
begin design and construction of the roadway.
Approved By
Initial Date
Department Director CH 12/21/07
�r Q
City Manager �1111 ��' \ 5
Page 1 of 1
1ff)
WYLIE INDEPENDENT SCHOOL DISTRICT
H.John Fuller,Ed.D. Brian E.Miller,CPA
Superintendent Assistant Superintendent
for Business Operations
Check number 050000 from Wylie Independent School District in the amount of
$519,686.00 has been received by the City of Wylie. Proceeds from this check will be
placed in escrow for the future construction of Hensley Road and Hooper Road that are
adjacent to the school site owned by Wylie Independent School District. These funds
will be placed in an interest bearing account with all interest earned added to the Wylie
ISD escrow fund. Any and all funds remaining in the escrow account not expended
within two years from this date will be returned to Wylie ISD.
Signature Date
u
L.I
J _.may • (�' C-_.'1 �J
W
a--.-9
P.O.Box 490 * Wylie,Texas 75098-0490* (972)442-5444*FAX(972)442-5368
WYLIE INDEPENDENT SCHOOL DISTRICT
H. John Fuller,Ed.D. Brian E.Miller,CPA
Superintendent Assistant Superintendent
for Business Operations
January 10, 2008
Jeffrey T. Butters
Assistant City Manager
City of Wylie
2000 State Highway 78 North
Wylie, TX 75098
Dear Mr. Butters:
We are requesting the return of the funds held in escrow by the City of Wylie for the
future construction of Hensley and Hooper Roads. We are requesting the original amount
deposited in escrow, $519,686.00, plus interest earned since September 2, 2005 in
accordance with the attached receipt. The return of the escrowed funds will allow Wylie
ISD to begin the engineering and construction of Hensley Road.
When the check is ready, please call me at 972-429-3015, and someone from Wylie ISD
will pick up the check.
Sincerely,
Brian E. Miller, CPA
Assistant Superintendent
for Business Operations
P.O. Box 490 * Wylie,Texas 75098-0490 * (972)442-5444 * FAX(972)442-5368
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE:CITY OF WYLIE,TEXAS AND THE
WYLIE INDEPENDENT SCHOOL DISTRICT
This INTERLOCAL COOPERATION AGREEMENT("Agreement") is executed as of this the 26th
day of June, 2007, by and between the Board of Trustees of the Wylie Independent School District, an
independent school district and political subdivision of the State of Texas ("District"), and the City of Wylie,
Texas, a political subdivision of the State of Texas ("City"), acting by and through their duly authorized
representatives.
WHEREAS, the District is constructing school facilities within the City on property located at Hooper
Road and Hensley Lane as shown on Exhibit A attached hereto and incorporated herein for all purposes
("District Property");
WHEREAS,the City requires two points of access to the District Property;
WHEREAS, the City will permit a second point of access across certain City property described on
Exhibit A, between points C and D, ("Hensley Lane Property") provided that the District will construct a street
on the Hensley Lane Property;
WHEREAS, the City will construct certain improvements to Hooper Road adjacent to the District
Property;
WHEREAS, the District has placed in escrow the sum of$519,686.00 as security for the construction
of streets as required by the City;
WHEREAS,the City previously paid to the District one half of the cost of construction of a parking lot
at the District's stadium in return for the District's agreement to pay one half of the cost of construction of a
future parking lot at Founders Park(City Park);and
WHEREAS, the Board of Trustees finds that the continuing benefits to be received by entering this
Agreement will serve a lawful purpose of the District, and that the terms of this Agreement provided sufficient
control over District resources so as to ensure that the public purposes set forth herein will be fulfilled;
NOW, THEREFORE, for and in consideration of the covenants, conditions and undertakings
hereinafter described, and the benefits to accrue to the citizens of the District and the City, the parties contract,
covenant and agree as follows:
ARTICLE 1
PERFORMANCE BY THE CITY
1.1 Hooper Road Improvements. The City will design and construct improvements to Hooper
Road and no cost to the District,located as shown on Exhibit A between points A and B.
1.2 City Park Parking Lot. The City will use its best and reasonable efforts to complete
improvements in the City Park within eighteen (18) months of the date of this Agreement. Based on bids or
Interlocal Cooperation Agreement Between
The City of Wylie,Texas and the Wylie
Independent School District Page 1 of 5
proposals for construction of the improvements to the City Park received by the City,the City and District will
determine the cost of the parking lot in the City Park.
13 Maintenance and Operation. From and after the completion of construction of improvements
to the City Park, the City will operate and maintain the City Park, including the parking lot at no cost to the
District.
1.4 Hensley Lane Temporary Right-of-Entry. The City hereby grants to the District a temporary
construction right-of-entry on and across the Hensley Lane Property, as reasonable needed, for construction of
Hensley Lane by the District.
1.5 Hensley Lane Maintenance. Upon completion of construction of Hensley Lane and
acceptance by the City,Hensley Lane shall be a part of the public streets of the City and the City shall maintain
Hensley Lane at no cost to the District.
ARTICLE 2
PERFORMANCE BY'1'HE DISTRICT
2.1 Hensley Lane Construction. The District will construct a street at no cost to the City on the
Hensley Lane Property, and such street shall be constructed in accordance with the City's engineering and
design standards for streets. The street will be 39 feet wide,with 8 inch reinforced concrete pavement on 7 inch
thick lime stabilized sub grade including associated earthwork, and underground storm drainage improvements.
The District will use it's best and reasonable effort to complete Hensley Lane within one year of the completion
of Draper Intermediate School.
ARTICLE 3
PAYMENT
3.1 Cost of Improvements. The Cost of Improvements means the District funds held in escrow as
security for the construction of streets as required by the City in the amount of$519,686.00,plus one half of the
cost of the parking lot in the City Park.
3.2 Cost of Construction. "Cost of Construction"means all direct costs of design and construction
incurred by a Party, including architectural and engineering design, construction costs, and contract
administration costs paid to architects, engineers, or other consultants. Cost of Construction does not include
costs of administration by City or District staff.
3.3 Allocation of Cost.
3.3.1 If the District's Cost of Construction of Hensley Lane is greater than the Cost of Improvements,
the City will pay the difference to the District. Such payment by the City will be by a credit against future
building and impact fees which would otherwise be payable by the District to the City.
3.3.2 If the District's Cost of Construction of Hensley Lane is less than the Cost of Improvements,
the District will pay the difference to the City. Such payment by the District shall be within twelve(12)months
after the later of: (1) completion of construction of Draper Intermediate School or (2) completion of
construction of improvements to the City Park.
Interlocal Cooperation Agreement Between
The City of Wylie,Texas and the Wylie
Independent School District Page 2 of 5 6/25/2007
ARTICLE 4
TERM OF AGREEMENT AND RENEWAL
4.1 Terms of Agreement. The term of this Agreement shall begin on the date first written above
and shall terminate when all obligations have been performed and all payments have been made pursuant to
Article 3.
ARTICLE 5
GOVERNMENTAL FUNCTIONS
5.1 Terms of Agreement. Notwithstanding any provision to the contrary herein,this Agreement is
for and with respect to the performance of governmental functions by governmental entities.
ARTICLE 6
MISCELLANEOUS
6.1 Other Services. Nothing in this Agreement shall be deemed to create, by implication or
otherwise, and duty,responsibility or right as to either the District or the City, except with respect to the City
Park,Hooper Road and Hensley Lane as specifically set forth herein. This Agreement does not and shall not be
interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein.
6.2 No General Liability. Nothing contained in the Agreement shall be construed as incurring a
pecuniary liability or charge upon the general credit of the City or the District or against their taxing power,nor
shall the breach of any provision contained in the Agreement impose any pecuniary liability upon the City or the
District or any charge upon their general credit or against their taxing power.
63 Jurisdiction. Nothing in this Agreement shall be deemed to extend or increase the jurisdiction
or authority of either the City or the District except as necessary to give effect to this Agreement. All the
governmental functions and services of the City shall be and remain the sole responsibility of the City. All
governmental services and functions of the District shall be and remain the sole responsibility of the District.
6.4 Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or
amend any legal defense available at law or in equity to either the City or the District nor to create any legal
rights or claims on behalf of any third party. Neither the City nor the District waives,modifies, or alters to any
extent whatsoever the availability of the defense of governmental immunity under the laws of the State of
Texas. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party,as
creating the relationship or principal and agent,partners,joint venturers, or any other similar such relationship
between the parties hereto.
6.5 No Third Party Beneficiary. This Agreement inures to the benefit of and obligates only the
parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a
party to it. The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to
claim any benefit,protection,release or other consideration under this Agreement.
6.6 Entire Agreement. This Agreement supersedes any and all other agreements,either oral or in
writing, between the parties with respect to the subject matter of this Agreement, and contains all of the
covenants and agreements between the parties with respect to such subject matter. Each party to this Agreement
Interlocal Cooperation Agreement Between
The City of Wylie,Texas and the Wylie
Independent School District Page 3 of 5 6/25/2007
acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been
made by any party,or anyone acting on behalf of any party, that are not set forth in this Agreement,and that no
agreement, statement, or promise not contained in this Agreement shall be valid or binding. Exhibit A is
attached hereto and incorporated as if fully set forth herein.
6.7 Amendments and Modifications. This Agreement may not be amended or modified except in
writing executed by the City and District and authorized by both governing bodies.
6.8 Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof,but rather this entire Agreement will be construed as if not containing the particular
invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be
construed and enforced in accordance therewith. The parties hereto acknowledge that if any provision of this
Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be
reformed and construed on such a manner this it will, to the maximum extent practicable, be deemed to be
validated and enforceable.
6.9 Construction of Agreement. This Agreement shall be construed without regard to the identity
of the person or persons who drafted the provisions contained herein. Moreover, each and every provision of
this Agreement shall be construed as if each party hereto participated equally in the drafting hereof. As a result
of the foregoing, any rule of construction that the document is to be construed against the drafting parties shall
not be applicable to this Agreement.
6.10 Gender.Number of Headings. Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular number shall be held to include the plural,
unless the context otherwise requires. The headings and section numbers are for convenience only and shall not
be considered in interpreting or construing this Agreement.
6.11 Execution in Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall be considered fully executed when all
parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same
counterpart.
IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers
thereunto duly authorized as of the date first written above.
THE BOARD OF TRUSTEES OF THE THE CITY OF WYLIE,
WYLIE INDEPENDENT SCHOOL TEXAS
DISTRICT
By&--- ,u.�.-Q By: "'/
Name: $USc►vl S l.taae•c Name: k Af fl o .scI y
Title: �ea R niece Title: A.yat
Interlocal Cooperation Agreement Between
The City of Wylie,Texas and the Wylie
Independent School District Page 4 of 5 6/25/2007
Exhibit A �- r. ._.- „- i, F -
rn.
4
i 1
-?. ' he
2
:..,.,a,,._,.,;-,-,,,I.:..
g4g
r
01
,
i
, Iiii
t 5.
I
,04„,-,f.','?.-:-.'-.!;Ift-H,,,,,,ty,..:-.,:,,74',..:,;,,4 )1,,,,,,, ,I 1,-,. ' : . .
I
la
7 �iAik-
- _ t_ -
I
Inter f Viz®
ait
f S
r"` v I ,y is
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: E
(City Secretary's Use Only)
Department: City Manager
Prepared By: Jeff Butters Account Code:
Date Prepared: 01-24-08 Budgeted Amount: $ 95,300
Exhibits: Proposal
Subject
Consider, and act upon, authorizing the City Manager to enter into an agreement with AppliedTech Group for
technology consulting services for telecommunications, data infrastructure, and security infrastructure and
systems for the new Wylie Civic Center.
Recommendation
Motion authorizing the City Manager to enter into an agreement with AppliedTech Group for technology
consulting services for telecommunications, data infrastructure, and security infrastructure and systems for the
new Wylie Civic Center.
Discussion
AppliedTech Group was recommended by Architexas as a consulting firm to complete the design for
telecommunications, data infrastructure, and security infrastructure and systems for the Wylie Civic Center.
AplliedTech Group has submitted a proposal for these services.
References of other Cities that AppliedTech Group has consulted for were checked by Shone Doville, IT
Supervisor; Shane Colley, Construction Project Manger; and I and we received nothing but outstanding reviews.
We also met with AppliedTech Group and all of us were extremely impressed. Our collective recommendation
is that we contract with AppliedTech Group for the listed services on the new buildings.
Approved By
Initial Date
Department Director JB 1/24/08
City Manager iq)0g
Page 1 of 1
AppliedTech Group LLC TECHNOLOGY CONSULTANTS
October 29, 2007
Mindy Manson
City Manager
City of Wylie
2000 State Highway 78 North
Wylie, Texas 75098
Project: City of Wylie Municipal Complex
Subject: Proposal for Technology Consulting Services for Telecommunications and
11 Data Infrastructure;and Security Infrastructure and Systems
' vr
Austin
12059 Lincolnshire
Austin,Texas 78758 Dear Ms Manson,
512 577 2468 v
512 837 8603 f
Dallas Thank you for the opportunity to provide consulting services for the City of Wylie
6010 Clear Bay
Dallas,Texas 75248 Municipal Complex project. Based on our communications with ARCHITEXAS and
469 688 3800
972 248 3609 f Holzman Moss Architecture, AppliedTech Group is providing a proposal for design
services for the following systems:
It Telecommunications and Data Infrastructure
a Security Access Control/Surveillance Infrastructure and Systems
AppliedTech Group's design work will comprised of an accelerated Schematic Design and
Design Development phase, proceeding through the delivery of Construction Document
drawings and Divisions 27 and 28 specifications for the referenced systems. AppliedTech
Group will also provide Bidding&Acquisition and Construction Administration support
services associated with these systems.
Our scope of services will be consistent with the information contained in the program
documents and current set of drawings. The Municipal Complex is comprised of a 3-story
City Hall, a 2-story Recreation Center and a 1-story Library, approximately 45,000 SF each,
all located on the same site.
Wylie Municipal Conlpie> Era Cir' 1 Gi 6 t (_9.200
AppliedTech Group LLC TECHNOLOGY CONSULTANTS
•
Technology Systems' Associated Tasks
AppliedTech Group will adhere to the project schedule and coordinate with the design
team as appropriate to ensure that the technology infrastructure designs are properly
integrated into the project.
The following services form the basis of AppliedTech Group's responsibilities and
deliverables for this project:
• Establish baseline design parameters and guidelines by reviewing the City of
Wylie's latest established technology design guidelines.
• Interview city representatives to determine design requirements to confirm
design guidelines and augment them where necessary for each system.
• Coordinate technology designs with the architects, the civil engineer, the MEP
and other consultants on the design team.
• Attend design and coordination meetings as necessary.
Design each system and its associated cabling distribution. This will include
system components as appropriate, defining installation and acceptance
requirements.
• Identify outside plant pathways and capacities to support inter-building
connectivity for all systems.
• Design riser or backbone distribution for each system identifying pathway and
conduit requirements for coordination with other consultants on the A/E team.
• Identify cabling endpoints and proposed vertical and horizontal cable routing.
✓ Develop detailed designs of the equipment rooms including elevations of the
equipment racks.
• Generate incremental design documents and 100%Construction Documents
comprised of Technology Series drawings and Divisions 27 and 28
specifications.
• Assist in the bid review process. To facilitate bid evaluations, AppliedTech
Group may develop bid response forms for technology systems to be included
in the request for bid documents.
VVyhe Municipal Comp eY Page 2 of E.' I6.2f''.2007
AppliedTech Group LLC TECHNOLOGY CONSULTANTS
• Conduct detailed review of bids and make recommendations as appropriate.
• Provide Construction Administration services including periodic onsite
inspections of work for each system.
• Assist in the review of technology related submittals during installation.
Prepare and submit a punch list of work items to be completed by the
contractors prior to the final acceptance.
• Inspect accuracy of vendors' as-builts and final documentation packages.
• Assist in the final acceptance of each system.
■
Technology Systems Detailed Tasks
AppliedTech Group will provide the following design services related to the
Telecommunications and Data Infrastructure; and Security Access Control/Surveillance
systems:
Voice and Data Network Cable Infrastructure
❑ Design of low voltage copper and fiber cable required to support both
voice and data communications and network systems.
Designs may include infrastructure for wireless access points (WAPs)
throughout the buildings.
Li Design of inside cable suspension systems, conduit system and
pathways for coordination with the architects and the MEP engineer.
Designs include riser and cable system backbone distribution.
E Detailed equipment room designs including the main equipment room
and any secondary equipment rooms distributed throughout each
building.
Designs include rack elevations indicating cabling termination locations
in patch panels and space allocations for anticipated owner provided
equipment.
J AppliedTech Group scope of work does not include design of telephone
or data network systems or electronic equipment.
Li Designs include workstation outlet placements identifying cable types
and quantities.
Vvyhe Municipa Compie> Page of G 10.29.2007
AppliedTech Group LLC TECHNOLOGY CONSULTANTS
❑ Designs include coordination with the architects and the civil engineer
for outside cable plant conduit routing between the three buildings and
to the property perimeter.
L, Designs for the Voice and Data Network Cable infrastructure culminate
in a Technology set of drawings with associated CSI format
specifications.
Security Access Control/Surveillance Infrastructure
o Design of proximity card access control and management system as
programmed for the facility. This includes perimeter doors and other
high asset or secure areas.
o Designs include door management units to monitor open/close state.
Design of intrusion monitoring and notification system.
o Coordination with the architects, the MEP and door hardware consultant
for infrastructure required to support access control and door
monitoring.
o Design of CCTV surveillance camera infrastructure and digital video
recording system to supply required camera coverage at the building
perimeters and internal spaces as required.
o AppliedTech Group scope of work does not include design of parking
lot system of call boxes or surveillance cameras.
o Designs for the Security Access Control/Surveillance infrastructure and
systems culminate in a Technology set of drawings with associated CSI
format specifications.
Service Provider Access Coordination
Services include coordination with City of Wylie identified local service
providers to ensure the design of adequate pathways to accommodate
their facilities into the property point of demarcation.
o AppliedTech Group scope of work does not include negotiation of
service agreements with service providers or oversight of their
installation of services.
Wylie tviunsc pal Comex Page 4 of r= i C'.2b 200'
AppiiedTech Group LLC TECHNOLOGY CONSULTANTS
111
Not-To-Exceed Fee Proposal for the Technology Consulting Services
AppliedTech Group is presenting a not-to-exceed fee of $95,300 for the scope of services
described in this proposal. The fee summary table includes a breakdown by phase as well
as an estimate of overall project expenses. Progress payments will be based on the
proportion of the services performed in accordance with the following schedule of values
for each phase:
Project Fee Summary
Task Telecom/Data Security Access Control/ TOTAL BY PHASE
Surveillance
. Accelerated Schematic Design
through Design Development $6,800 $5,500 $12,300
Construction Documents $24,600 $19,250 j $43,850
Bidding&Acquisition $3,400 $3,800 $7,200
Construction Administration $14,500 $10,800 $25,300
Total Fees $49,300 $39,350 $88,650
Estimated Expenses $6,650
Total Fixed Project Cost $95,300
■
Project Assumptions
Our proposal includes the following assumptions:
e.'. AppliedTech Group efforts will support the project schedule: 100%
Construction Documents by May 2008; and project completion by Summer/Fall
of 2009.
A Expenses include travel associated with 14 consultant meetings/onsite reviews
throughout the duration of the project.
Wylie Municipal Compiex Page 5 of 5 10.2<;.2007
AppliedTech Group LLC TECHNOLOGY CONSULTANTS
Summary
Ms Manson, we appreciate the opportunity to provide these services to the City of Wylie
and team with ARCHITEXAS and Holzman Moss Architecture on this project. We
understand the production requirements necessary to support your objectives and to
complete the project successfully. Based on our experience, we will manage our schedule
and coordination of our work activities to ensure a properly integrated technology
infrastructure design for the facility.
I look forward to discussing this proposal with you. Upon your notification, we will
coordinate our schedules to support the project timeframe. Of course, we are flexible in
our approach should you want to discuss alternatives to the methodology we have
summarized.
Sincerely,
David Misko
AppliedTech Group LLC
Copy: Craig Melde - ARCHITEXAS
Roberto Mora- AppliedTech Group LLC
Wylie Municipal =Uompiex Page o of 6 10.2c) 2007
1'At Wylie City Council
CITY OF WYLIE AGENDA REPORT
•
Meeting Date: February 12, 2008 Item Number: F
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: November 14, 2007 Budgeted Amount:
Exhibits: Two
Subject
Consider, and act upon, Ordinance No. 2008-04 authorizing the annexation of a 0.1079 acre tract of land situated in
the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F. M. 544, west of
Maxwell Creek Road, and adjacent to Woodbridge North Development.
Recommendation
Motion to adopt Ordinance No. 2008-04 for annexation of a 0.1079 acre tract of land situated in the H. Maxwell
Survey, Abstract No. 579, Collin County, Texas, generally located south of F. M. 544, west of Maxwell Creek Road,
and adjacent to Woodbridge North Development.
Discussion
This annexation is at the request of the City of Wylie. The property is located south of F. M. 544, west of Maxwell
Creek Road, and adjacent to Woodbridge North Development.
The City Council of Murphy, Texas has disannexed the subject property form its corporate city limits (Ordinance
07-11-737), as described in Exhibit A and further described in Exhibit B (attached),that the vacant 0.1079 acre tract
does not contain any residents of the City of Murphy.
Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two
(2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice
for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of
the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with
state law,the following schedule has been adhered to:
Notice published for Public Hearings December 26, 2007
First Public Hearing January 8, 2008
Second Public Hearing January 22, 2008
Adoption of Ordinance February 12, 2008
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is
being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code.
Upon annexation into the city limits, the 0.1079 acre tract will become part of the Maxwell Creek Road future Right-
of-Way.
Approved By
Initial Date
Department Director RO 11/14/07
City Manager {�Ii I' \ C L
Page 1 of 1
ORDINANCE NO. 2008-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS ANNEXING A CERAIN 0.1079 ACRE
TRACT OF LAND SITUATED IN THE H. MAXWELL
SURVEY, ABSTRACT NO. 579, COLLIN COUNTY, TEXAS
AND BEING ALL OF A 0.1079 ACRE TRACT OF LAND
DESCRIBED IN A DEED TO HELLEN PICKARD,
RECORDED IN COUNTY CLERK'S FILE NO. 96-0043722
OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie)
Home Rule Charter, investigated and determined that it would be advantageous and beneficial to
Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section 43.063,
Local Government Code, the City Council also investigated and determined that the Property has
been disannexed by the City of Murphy, Texas and is adjacent and contiguous to the existing city
limits of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service
plan that provides for the extension of full municipal services to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan has been prepared in full
compliance with Section 43.056, Local Government Code, and has been made available for
public inspection and was available for explanation to the inhabitants of the Property at the
public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the City Council finds that the public hearings were conducted on or after
the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the
annexation proceedings; and
Ordinance No.2008-04
Annexation
H.Maxwell Survey, Abstract No. 579
WHEREAS, the City Council finds it has completed the annexation process within
ninety (90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
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 2006-01
for mixed-uses including retail and residential uses (Retirement Housing), said property being
described in Exhibit "A", Exhibit "B" (Survey Map) 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
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
Ordinance No.2008-04
Annexation
H.Maxwell Survey,Abstract No. 579
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 12th day of February, 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Date of publication in The Wylie News—February 20,2008
Ordinance No.2008-04
Annexation
H. Maxwell Survey,Abstract No. 579
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
MCCREARY ROAD TRACT
ANNEXATION ORDINANCE NO.: Ordinance No. 2008-04
DATE OF ANNEXATION ORDINANCE: February 12, 2008
ACREAGE ANNEXED: 0.10792 acres
SURVEY, ABSTRACT & COUNTY: H. Maxwell Survey, Abstract No.
579, Collin County, Texas
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Wylie, Texas (the "City"), at the following levels and in
accordance with the following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the
Fire Department, within the limitations of available water and distances
from existing fire stations, and in a manner consistent with any of the
methods of the City, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire
and emergency ambulance equipment will be provided to furnish this area
the maximum level of fire services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are
furnished throughout the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES
1. Enforcement of the City's environmental health ordinances and
regulations, including but not limited to, weed and brush ordinances,
junked and abandoned vehicle ordinances and animal control ordinances,
shall be provided within this area sixty (60) days of the effective date of
the annexation ordinance. These ordinances and regulations will be
enforced through the use of existing personnel.
2. Complaints of ordinance or regulation violations within this area will be
answered and investigated within sixty (60) days of the effective date of
the annexation ordinance.
3. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with City codes and ordinances will
be provided within sixty (60) days of the effective date of the annexation
ordinance. Existing personnel will be used to provide these services.
4, The City's zoning, subdivision, sign and other ordinances shall be
enforced in this area beginning within sixty (60) days of the effective date
of the annexation ordinance.
5. All inspection services furnished by the City, but not mentioned above,
will be provided to this area beginning within sixty (60) days of the
effective date of the annexed ordinance.
6. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of
Environmental Health and Code Enforcement Services as are furnished
throughout the City.
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area
within sixty (60) days of the effective date of the annexation ordinance.
City planning will thereafter encompass this property, and it shall be
entitled to consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and Comprehensive Plan.
E. PARK AND RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty
(60) days of the effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will
be acquired, developed and maintained at locations and times provided by
applicable plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational
facilities within this property shall, upon dedication to and acceptance by
the City, be maintained and operated by the City of Wylie, but not
otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty (60) days of the effective
date of the annexation ordinance. Residents of this property utilizing
private collection services at the time of annexation shall continue to do so
until it becomes feasible because of increased density of population to
serve the property municipally. Commercial refuse collection services
will be provided to any business located in the annexed area at the same
price as presently provided for any business customer within the City,
upon request.
2. As development and construction commence in this property and
population density increases to the property level, solid waste collection
shall be provided to this property in accordance with the current policies
of the City as to frequency, changes and so forth.
3. Solid waste collection shall begin within sixty (60) days of the effective
date of the annexation ordinance.
G. STREETS
1. The City's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within
sixty (60) days of the effective date of the annexation ordinance. Unless a
street within this property has been constructed or is improved to the
City's standards and specifications, that street will not be maintained by
the City.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to
participation in the costs thereof, acceptance upon completion and
maintenance after completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City as is provided to City
streets throughout the City.
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies.
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in
accordance with existing City policies. Upon connection to existing
mains, water will be provided at rates established by City ordinances for
such service throughout the City.
2. As development and construction commence in this property, water mains
of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable ordinances and regulations.
City participation in the costs of these extensions shall be in accordance
with the applicable City ordinances and regulations. Such extensions will
be commenced within two (2) years from the effective date of the
annexation ordinance and substantially completed with four and one-half
(4 1/2) years after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by
the City of Wylie beginning within sixty (60) days of the effective date of
the annexation ordinance.
4. Private water lines within this property shall be maintained by their
owners in accordance with existing policies applicable throughout the
City.
I. SANITARY SEWER SERVICES
1. Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City
policies. Upon connection, sanitary sewage service will be provided at
rates established by City ordinances for such service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the
annexed area and are connected to City mains will be maintained by the
City of Wylie beginning within sixty (60) days of the effective date of the
annexation ordinance.
3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by
the City in providing services to the area will be maintained by the City
commencing upon the date of use or within sixty (60) days of the effective
date of the annexation ordinance, whichever occurs later.
2. General municipal administrative services of the City shall be available to
the annexed area beginning within sixty (60) days of the effective date of
the annexation ordinance.
3. Notwithstanding, anything set forth above, this Service Plan does not
require all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
4. The Service Plan is valid for ten (10) years from the effective date of this
Ordinance.
ORDINANCE NO. 07-11-737
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURPHY,
TEXAS, DISANNEXING CERTAIN CORPORATE TERRITORY, AS
FURTHER DESCRIBED AND DEPICTED HEREIN FROM THE CITY
OF MURPHY, TEXAS, AND RELEASING ALL RIGHTS TO SAID
DISANNEXED TERRITORY AS THE CITY OF MURPHY'S
EXTRATERRITORIAL JURISDICTION; PROVIDING FOR AMENDING
AND CORRECTING THE OFFICIAL MAP AND BOUNDARIES OF THE
CITY OF MURPHY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Murphy (the"City")is a home-rule municipality; and
WHEREAS, pursuant to the authority granted in Section 43.142 of the Texas Local
Government Code, as amended, a home-rule municipality may disannex an area in the
municipality according to rules as may be provided by the charter of the municipality and not
inconsistent with the procedural rules prescribed by state law;and
WHEREAS, Section 1.03 of the City of Murphy,Texas, Home-Rule Charter authorizes
the City to disannex an area of the City;and
WHEREAS, the City Council of the City of Murphy, Texas, finds and determines the
area to be disannexed, as described in Exhibit A and as further depicted in Exhibit B of this
Ordinance, consists of approximately 0.1079 acres, is uninhabited, and contains no residents of
the City of Murphy, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MURPHY,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. DISANNEXED TERRITORY
That the corporate territory, as described in Exhibit A, and as further depicted in Exhibit
B of this Ordinance, be and is hereby disannexed from the corporate limits of the City of
Murphy, Collin County, Texas, and the same is hereby no longer a part of the City. Further, the
City hereby simultaneously releases all rights to said disannexed territory, as described in
Exhibit A, and as further depicted in Exhibit B of this Ordinance, as the City's extraterritorial
jurisdiction("ETJ"), upon the City of Wylie,Texas, lawful annexation of said territory.
Section 3. AMENDMENT OF OFFICIAL MAP
That the official map and boundaries of the City heretofore adopted and amended be and
are hereby amended so as to exclude the area, as described in Exhibit A, and as further depicted
in Exhibit B of this Ordinance,from the corporate limits of the City.
Section 4. PERFORMANCE OF ALL NECESSARY ACTIONS
That the City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to effectuate this Ordinance, including any corrections to the official
map of the City to reflect the City's boundaries and ETJ as well as all appropriate filings with
any and all governmental agencies or entities so affected by the acts described in this Ordinance.
Section 5. SEVERABILITY CLAUSE
If any section, subsection, sentence, phrase, or word be found to be illegal, invalid,
unconstitutional or if any portion of said properties is incapable of being disannexed by the City
of Murphy, Texas, for any reason whatsoever, such adjudication shall not affect any other
section, sentence, phrase, word, paragraph or provision of this Ordinance, or the application of
any other section, sentence, phrase, word, paragraph or provision to any other person or portion
of said properties, situation or circumstance, nor shall such adjudication affect any other section,
sentence, phrase, word, paragraph or provision of any other ordinance of the City of Murphy,
Texas. The City Council declares that it would have adopted the valid portions and applications
of this Ordinance and would have disannexed the properties without the invalid part and invalid
properties and to this end the provisions of this Ordinance are declared to be severable.
Section 6. REPEALER CLAUSE
Any provision of any prior ordinance of the City whether codified or uncodified, which
are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the
conflict, but all other provisions of the ordinances of the City whether codified or uncodified,
which are not in conflict with the provisions of this Ordinance, shall remain in full force and
effect.
Section 7. EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage and publication as
required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Murphy,
Texas, on this the 5th day of November,2007.
j Bret M. Baldwin, ayor
City of Murphy
Page 2 of 5
<y`,':
ATTEST:
Aimee Nemer, City Secretary `'•,,FQ9g 2°',.1``‘
City of Murphy
APPROVED AS TO FORM AND LEGALITY:
Robert F. Brown, City Attorney
..f
1
1
Page 3 of 5
EXHIBIT "A"
RIGHT-OF-WAY FOR MAXWELL CREEK ROAD
0.1079 ACRES
H. MAXWELL SURVEY,ABSTRACT NO. 579
CITY OF MURPHY, COLLIN COUNTY, TEXAS
BEING a tract of land out of the H. Maxwell Survey,Abstract Number 579,in the City of Murphy,Collin County,
Texas, and being a part of a called 11.176 acre tract of land described in deed to Hellen Pickard,recorded in
County Clerk's File No.96-0043722 of the Land Records of Collin County,Texas,and being more particularly
described as follows:
BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of F.M.Highway 544 for southwesterly
corner of the 0.0572 acre tract of land described in deed to State of Texas for F.M.Highway 544,recorded in
Collin County Clerk File's No.96-0043722 of the Land Records of Collin County,Texas, same being the northerly
common corner of the beforemntioned 11,176 acre tract of tend and the called 61.746 acre tract of land
described in deed to Woodbridge North Development, LLC,recorded under instrument No.2006040500442250
. of the Official Public Records of Collin County,Texas.
•
THENCE with the said common line of the 11.176 acre tract and 61.746 acre tract,South 00°00'00"East,a
distance of 319.99 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the beginning of a
non-tangent curve to the left;
THENCE leaving the said common lines,the following courses and distances to wit: N
—Northerly,with the said curve to the lett, through a central angle of 10'22'15",having a radius of 790.00
feet and a chord bearing and distance of North 05°11'07"West, 142.80 feet, an arc distance of 142.99 feet to a
5/8-inch iron rod set with a plastic cap stamped"KHA"for the beginning of a non-tangent curve to the right;
--Northerly,with the said curve to the left, through a central angle of 10°21'07",having a radius of 878.00
feet and a chord bearing and distance of North 05`11'41"West, 158.42 feet,an arc distance of 158.64 feet to a
5/8-inch iron rod set with a plastic cap stamped"KHA"for the end of said curve;
--North 00°01'07"East,a distance of 20.00 feet to a 5/B-inch iron rod set with a plastic cap stamped"KHA"
for corner in the south right-of-way line of F.M.Highway 544; U
THENCE with the said south right-of-way line,North 89°59'24"East,a distance of 27.25 feet to the POINT OF
BEGINNING and containing 0.1079 acres(4,701 square feet)of land,more or less. o
X T
<VI
I
zeo
Bearing system based on the monuments found along the common line of the 11.176 acre tract of land described r a
in deed to Hellen Pickard,recorded in County Cleric's File No.96-0043722 of the Land Records of Collin County, 0
Texas and the called 61.746 acre tract of land described in deed to Woodbridge North Development,LLC,
recorded under instrument No.2006040500442250 of the Official Public Records of Collin County,Texas using
South 00°00'00"West.
O:(
0 U
N°•
GISTFj..... i E
JOHN VICAIN
•• Y
`.q 4097 .,,i r
4 .SURd�,�o �-
1 t.•
Page 1 of 2 Or� rnd nAcwdnta,Yic.
(#'......-7-ELEVEN DAD ITION-Ftii 544
CAB. N PG. 919
F.M. HIGHWAY 544
STATE OF TEXAS
N 89'S9'24" E POINT OF 0.5572 ACRES
VOL. 4457, P . 2146
... BEGINNING
27.28'N LR C:c:T.
N 00'07'07" W---r"`_r t. 5 8° IRFC
tii,,
i . .✓OVERHEAD POWER LINE
20.00 i.°. ..
;ih�.�A�I ALONG PROPERTY LINE
�,�k Irk
1�=10'21'07" !!!iv,-..-:.
..
R=878.00 '"' 41� t 'cc
.
L=15Qp ,( v �ii't
CB=N05`I1'41"W `I ' R
1 oi ccoo
Called 11.T 76 ACRES U o Called 61.746 ACRES
HELLEN PICKARD ' "; o WOODGRIDGE NORTH "
C.C.C.F. No. 96-0043722 W �' DEELOPMENT LLC
1 L.R.C.C.T T.4:4, >; , I st. Na. 20060405000442250
I 15„ ¢
I d=1D22 y O.P.R C.C.T
..
R=790.00 " o F_
L=142.99 w; (2, 0
CB=N0511'07"W r P
C=142.80 o a
Aso Z % OF
• ie
�P. tSTr q;� � � taco
d
� � � *' R
�5 JOHN V=CAIN m
Q •. ...04097 . >
C0 r v4 SvQ ?!A 47 � T ESS Q
°o � ,
wE
SUR'I ;'
N
EXHIBIT "B"
RIGHT-OF-WAY FOR MAXWELL CREEK ROAD y.5
0.1079 ACRES 6..
H. MAXWELL SURVEY,ABSTRACT NO. 579 42
K
CITY OF MURPHY, COLLIN COUNTY, TEXAS
Page 2 of 2 CIO =
7; Wylie City Council
CITY OF WYLIE AGENDA REPORT
w
Meeting Date: February 12, 2008 Item Number: G
(City Secretary's Use Only)
Department: Parks and Recreation
Prepared By: Robert Diaz Account Code: 100-5521-56040
Date Prepared: January 22, 2008 Budgeted Amount: $75,000
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2008-05(R) authorizing the City Manager to enter into an Entertainment
Agreement, in the amount of $70,000.00, with Stewart Schwensen Productions for entertainment/staging for the
2008 Summer Concerts and Wylie Independence Day Fireworks Celebration.
Recommendation
Motion approving Resolution No. 2008-05(R) authorizing the City Manager to enter into an Entertainment
Agreement, in the amount of $70,000.00, with Stewart Schwensen Productions for entertainment/staging for the
2008 Summer Concerts and Wylie Independence Day Fireworks Celebration.
Discussion
The approved FY 2007-08 Recreation budget contains funds for continuation of the summer concerts and Wylie
Independence Day Fireworks Celebration. Highlights for this season are as follows:
• Move majority of events back to Olde City Park(exceptions see chart below)
• Fireworks only for Wylie Independence Day Celebration due to possible park construction
• No concert in conjunction with the Chamber Rodeo to extend summer concert schedule
It is unknown at this time if the Public Safety Expo will be held in conjunction with the Wylie Independence Day
event. Pepperhead Pyrotechnics will again be the vendor for the fireworks display at the Wylie Independence Day
event. The City Attorney has reviewed the agreement. The proposed final schedule is shown below. The times and
events are subject to change.
Summer 2008 Concert Schedule
Thursday,June 12 Kraig Parker Elvis Tribute Oldies Olde City Park
Thursday,June 19 Searching For A Star Mix Olde City Park
Friday,June 27 Movie Night TBA Olde City Park
Thursday,July 3 Wylie Independence Day Fireworks Only Founders Park
Friday,July 11 Brent Fralicks Country Downtown Wylie Street Dance
Thursday,July 17 Music TBA Olde City Park
Friday,July 25 Movie Night TBA Olde City Park
Thursday,July 31 Professor D Mix Olde City Park
Thursday,August 7 Hard Nights Day Beatles Retro Olde City Park
Thursday.August 14 Brave Combo Polka Olde City Park
Approved By
Initial Date
Department Director MS 1/22/08
City Manager 16 (u ?
Page 1 of 1
RESOLUTION NO. 2008-05(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 ENTER INTO AN ENTERTAINMENT AGREEMENT, IN THE
AMOUNT OF $70,000.00, BETWEEN THE CITY OF WYLIE, TEXAS AND
STEWART SCHWENSEN PRODUCTIONS TO PROVIDE ENTERTAINMENT
AND STAGING SERVICES FOR THE 2008 SUMMER CONCERTS AND
WYLIE INDEPENDENCE DAY FIREWORKS CELEBRATION.
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 agreement in the
amount of $70,000.00 between the City of Wylie, Texas, and Stewart Schwensen
Productions to provide entertainment and staging (i.e. stage/lights/sound technician) for the
2008 summer concert series and the Wylie Independence Day Fireworks Celebration.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this the 12th day of February, 2008.
JOHN MONDY, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.2008-05(R)
2008 Summer Concert Series
and Independence Day Fireworks Celebration
504 RIVIERA DRIVE (972)529-1336
MCKINNEY.TX 75070 STEWARTAGENT@YAHOO.COM
Stewart Schwensen Productions, LLC
ENTERTAINMENT AGREEMENT
Agreement made this 9TH day of JANUARY 2008 between STEWART SCHWENSEN PRODUCTIONS,LLC(hereinafter called Artist)and CITY OF WYLIE,
TEXAS (hereinafter called Purchaser).
IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT
1. NAME AND ADDRESS OF ENGAGEMENT: OLDE CITY PARK 6/12/08,6/19/08,6/27/08,7/17/08,7/25/08,7/31/08,8/7/08&8/14/08
FOUNDERS PARK 7/3/08(FIREWORKS SHOW ONLY)
DOWNTOWN BUSINESS DISTRICT 7/11/08
WYLIE,TEXAS
2.DATE OF ENGAGEMENT: JUNE 12,2008 (THURSDAY) KRAIG PARKER'S ULTIMATE ELVIS TRIBUTE
JUNE 19,2008 (THURSDAY) PRODUCTION ONLY
JUNE 27,2008 (FRIDAY) MOVIE NIGHT 9:30PM-11:30PM
INDEPENDENCE DAY CELEBRATION
JULY 3,2008 (THURSDAY) 20-MINUTE FIREWORKS SHOW 9:30PM
JULY 11,2008 (FRIDAY) BRENT FRAILICKS 8:OOPM-10:OOPM
JULY 17,2008 (THURSDAY)
JULY 25,2008 (FRIDAY) MOVIE NIGHi 9:sunvl-I I aIIPM
JULY 31,2008 (THURSDAY) PROFESSOR D&PLAYSCHOOL
AUGUST 7,2008 (THURSDAY) HARD NIGHT'S DAY
AUGUST 14,2008 (THURSDAY) BRAVE COMBO
3. TYPE OF ENGAGEMENT SPRING/SUMMER CONCERT SERIES
4. HOURS: 7:30PM-9:30PM ON EACH DATE ABOVE UNLESS NOTED OTHERWISE.
5. PRICE AGREED UPON: $70,000.00
6. PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $50,250.00 DEPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO BE
RETURNED ALONG WiTH SIGNED CONTRACT ON OR BEFORE JANUARY 31,2008.
(EIN 20-1333768). $3,500.00 PAYABLE TO KRAIG PARKER JUNE 12,2008(SS#453-94-
1144). $8,750.00 PAYABLE TO PEPPERHEAD PYROTECHNICS JULY 3,2008. $1,500.00
PAYABLE TO THE PICTURES,INC(75-2127110). $1,500.00 PAYABLE TO SCOTT WHITE
JULY 31,2008(SS#499-84-2919). $1,500.00 PAYABLE TO TERESA REITZ AUGUST 7,2008
(449-37-4486). $3,000.00 PAYABLE TO BRAVE COMBO,INC.AUGUST 7,2008.
7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to
control the manner,means and details of the performance of services,as well as the ends to be accomplished.
8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall he the responsibility of Artist to
withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to be withheld from the
musician's fees.
9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of
the Purchaser.
10. SPECIAL.PROVISIONS PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY. ALL ARTISTS TO BE PAID IN FULL
ON EACH CONTRACTED DATE REGARDLESS OF WEATHER CONDITIONS"RAIN OR SHINE"
ARTIST TO PROVIDE COVERED STAGING,SOUND&LIGHTS FOR EACH ABOVE
PERFORMANCE. ARTIST TO PROVIDE EQUIPMENT FOR MOVIE NIGHT
PURCHASER TO PROVIDE BOTTLED WATER FOR ACTS,PRODUCTION CREW.
I I. AGENT PROVISIONS:
B. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to
agent within 5 days of receipt,or I)the agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to
withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at 1"/%per month,and if
litigation is necessary for collection,attorneys fees shall be paid by debtor.unless prohibited by applicable local law.
C.If leader or key personnel of this musical group.is re-booked into this or any establishment represented by the purchaser(including chain buyers of music)within 2
yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PRODUCTIONS
for commission in the rate set forth in this engagement.
12. UNION PROVISIONS:
Artists agreed to insure that members of unions or guilds,which may include the leader and members of this unit,agree to accept sole responsibility for complying with
the rules and regulations of said unions or guilds of which they may be members,Agent does not represent that artist is affiliated with any musician's union.
ARBITRATION OF CONTROVERSIES
Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian
equivalent in Collin County,Texas,and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days,
collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically
performable in Collin County,Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this
agreement
14. The recording.reproduction,or transmission of Artist's performance is prohibited absent written conse t of Artist a his u on.
1.5. We acknowledge and confirm that we have read and approve the terms and conditions set forth •
Signature Signature
Purchaser CITY OF WYLIE,TEXAS Leader ST WART SCHWENSEN PRODUCTIONS,L
Address 2000 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE
City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070
COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSIC:AL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASER
PLEASE SIGN CONTRACT-KEEP(i)COPY FOR YOUR FILES AND RETURN(1)COPY TO STEWART SCHWENSEN PRODUCTIONS
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 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:p
If to /�.4;sf , to: 5'�'e w aft SQL i e"se-• Pr d?u.v. c1 LLC
5bAt z v;ere. be
fiY16. .:H"e'1, 7k 7S07o
D1..�.Ittc le yes
If to r u r o sew ,to.• 02060 f4., 7 S /lo r1A
W71;c, 7k 750�s
b) 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.
c) Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Collin County, Texas.
d) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of
which is forever confessed.
e) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f) 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.
462276-1
g) 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.
h) 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.
i) 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.
j) Sovereign Immunity. The parties agree that no party has waived its
sovereign immunity by entering into and performing their respective
obligations under this Agreement.
k) 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.
462276-1
Wylie City Council
AGENDA REPORT
CITY OF WYLIE
Meeting Date: February 12, 2008 Item Number: H
(City Secretary's Use Only)
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: January 23, 2008 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, a Preliminary Plat creating seventeen (17) commercial lots on 64.69 acres, generally located
south of FM 544 between McCreary Road and Springwell Parkway.
Recommendation
Motion to approve a Preliminary Plat creating seventeen (17) commercial lots on 64.69 acres, generally located
south of FM 544 between McCreary Road and Springwell Parkway.
Discussion
The property totals 64.69 acres and creates Woodbridge Crossing Addition, Block A, Lots 1-17, establishing (17)
seventeen commercial lots for a retail shopping, dining and family entertainment center.
The subject property is part of the larger 186.56 acre planned development tract assembled by Woodbridge North
Development LLC, and was successfully rezoned PD2006-01 in January 2006. At that time, the PD established five
major use areas, which include a commercial shopping center component, sports complex, and retirement housing.
Specific provisions were defined as part of the PD, including a Development Plan to serve as an overall site plan for
the development consistent with the City Comprehensive Plan. The development plan is included for reference only
and is not part of this approval process. The shaded area reflected on the development plan represents Phase 1 of the
commercial development as shown.
The Preliminary Plat represents `Tract 1' as indicated in the adopted master plan to allow for those uses permitted
within Commercial Corridor (CC) zoned districts. Tract 1 fronts F.M. 544, has a depth of approximately 1,000 feet
and extends from McCreary Road east to Springwell Parkway. As part of this plat, rights-of-way for both secondary
collectors (McCreary Road & Springwell Parkway) are being dedicated. TxDot has approved the new central access
and Springwell Parkway for traffic signals, as well as modifications to the existing traffic signal at McCreary Road.
The plat will establish the boundaries for 17 lots including the major and junior anchors located along the rear and
multiple pads for future restaurants, fast food and miscellaneous personal services sites fronting F.M. 544.
The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. The applicant is
preparing final site plan for major and junior anchors to be presented at a future P&Z meeting.
Planning and Zoning Commission voted to recommend approval 7-0.
Approved By
Initial Date
RO 01/23/08
Department Director i
City Manager 1\(\\f 9\ t C
Page 1 of 1
ft 4 i `1
LC
.
(f CC
W..<0 LOT 2R 1 ;
LOT 1R-13 LOT 2 LOT 1
I
PITCREAR1,14.4 11 .0.84.. -...,__,_.__ 1 t :11 3TIt.......... 1.1cCRFARrTc14: 1 NOSS 40010011 IROSS ADDITION
7 VOL 7006 PC.672 11.R.C.C.T. 'AltOrPG M,.17.'.711. ADONDOR REPLAT
CM 0 PC.33 ,B.a, CAB.H PO.583 1.1.R.C.C.T. CM.N PG.583 YR OCT. 1
11171 Ci ..
-- _ _ •- • •
p .8 ......-s,
1,20 • RIGHT-of-NAV) • .4kt
'---.Z474.--4.. 4,4Trr487.ont To T1
BEGINNING.r.,4 ,o....or(1.0.14.65.1 .
. .. ...,..
.• -1. err441:mr,E
, 4.. .., ag,,,L,f, VICINITY MAP
Nrs.
- _ r MD 5.8'
-71.-7.4!..._, r-L_.______15,42 6.;_v.
=- ----__ -
10
‘,... / • ' '0--il,,,,,...- __ _
_
r-
•_, ,
_ .'
r4 '\ *
SHEET.2 SHEET 4
LOT-3
a
-L-C1T 4 n n
LOTS LOT 6 •
LOT 9 gl
i 1 -0,_--- •"---.
1.4054 AC.'---.. . 1.6160 AC. -- ___ ---.' _,, 1.1053 AC. . 2.1719 AC. .., 2.3428 AC. I- KEY MAP
,
i Ir f.' ,,_
4 111
II .„ .
Z ----_,
8 \ UP
4,.', \
I \ .
..=.,,,,,,,,,,, _
\ UP
.71
1 oa 00 4.
I- N
.,..., -..
'T--- ,
' E
11.11•AMES , ------
-__
....,
II4, ----..„ s t
( ! N,,.,-------------„ 61,6 A,. t \ 0
,
,
i ? ,.,,,.,
Wg1=1117CILL"Z"OrOTOC917E2. -.
\ .
14 ) V
.
0 30' 82 120'
D RC f.i. ,,\ • P" MMMI
1 -------""RIGHT-OF-WAY -- ---. 4 I
1 1 r\ . ...
.
DEDICATION ..
--- .__. ..,
•---., t --, Sae',MO
• ' / WY THIS PLAT! \ BLOCK 'A' ,
'fi ( 2.4897 AC. LOT 2
TONED:111 COMIERCIAL CORRIDOR ''' g -------., LOT 7 \ LOT 41
,
13.6431 AC. ... PROPOSED USE:RE1AIL/CORNTERDAL
- 4.5411 AC.
..,
.. 10.6529 A.
i
2 2
. ...... ..,,. \ .
_._..
....
. ......,
\ . MATCH LINE[SHEET 31
-- - ...... -4- - ------- - ..- \
MATCH LINE(SHEET 21 MATCH LINE(SHEET 41
i.3 .00
I- i-
w lal
FGEND Ili al
LINE TABLE CURVE TABLE BASIS Cf EFAISH610 46-rat FRE NIONHI
OT Trr c,,o8o,,8., X X
CO CO
TANGENT LENGTH BEARING CURVE RADIUS DELTA TANGENT CHORD LENGTH HEARING 00- also.X•FOUND
KARIM SHORN HEREON ME BASED UPON THE SOUTIERLY FREHT-OV-VIAT 0o. IRON Me MONO WE M 6011) la la
T1 19.0' 60106.32E CI 77800' 122212 70.49 1040 14052 605'27'12i LINE OF FY HO.6M.AS PER OEM TO WOOOBIDOGE HORD.180111.0R0-1/1 I. osm 904 Ro0 0(SITE AS N..)
T2 91.53' 621•1252E Cl 8000' 10122'20' 80.78. 16090' 16112. 1105.2600, LID.9117.0492 IN INSTILMEM NM 40460408000443250.OF-ME MED HD-4r oTER9130 loNoy F0L8 8/ow Z Z
- T3 002 5021533C CO 21500' 37'040' 73.49' 139.09' 141.62 11725212E RECORDS OF COI.COUNTY.117843. '43 :I
02 58 T4 15. 242022 C1 215. ' 370242 73.49' 139.0' .1,63' 5725210, LK&F,..,.UNCERMND ELECTRIC CR TREMONT
4.....' SAMMY ROVER MANHOLE X =
T5 55.52 600.15.30 00
C5 21102 37•51'29' 73.73. 139.49' 1006 46' 671•12 , 0 0. sot MR.CLEAN OM
T6 0.00' 1112244•012E C6 215.02 370E22 >an, 13949' 14226' S721246.E 0 0 CAS VALVE a a
T7 303' 62208.50.4 C7 515.02 7.2204. 3398' 6723' 6727' 1119259'58.E 002 0 4.- wA/IP VALVE
18. IN.
T8 390' 5001232E CO 515.00' 7.2204. 3303 6723' 6727' 60509141 lEaTeN TREE 22 4 4
600 A,00011 OF 1119 AMMON ilv LICTE2 MO 60606 16 A B0161101 .. mee60(TRE.WED)
T9 15.00' 5090226, C9 11500' 240223. 2520' 024' 49.62 /1770249, OF an OMTNINCE NO STATE LAW MD 15 AJBECT 10 mcs ANO ETTN.anciTUOIC SMNL 00X 2 2
- 00 16.00' 310.44'30.6, CIO 470.00' 221606' 122.72. 237.49' 240.09' 514.02649 1001069010 OF 2110110 000 0O115.40 7900019. 1800 csormo 6190011110 eox
01 058' 68244.30.6/ CU 21500' 106'25' 3458' OMB' 6257' 3611112029 pmer ELECOVC TRANSNMSON 6941 TOW.
11.2 45.32 66513207, 212 215.00' 12205- 3622 72.71' 73.06' 682022211 0 w UNDERCROIM CABLE NARKER
- T13 30 11004.32E 013 215.02 261222' 50.04. 97.48' 98.34' 147009.194' 0 sa STREET SON
T14 2323' /090232E C. 215.00' 1239'07' 21.92 43.65' 43.72 N5121235, 2.t1t ELEC.:BOX ----------
.01 MARX..OTT Of MOM 1.101101NOIT NUUSER 3 1.00.0 os T0 000 OF 102
115 022' 6021500 C15 21500' 3232'22 62.75' 12047' 122.10' 56241213.E 61011.00101.2 ROC CC WAN.SCHOOL FOOTBALL STRAIJOI AND HEAR 0 no pEDESTAL
TN CONTROLLING RIONUMENT
T16 85E 68225.379 216 215.00' 50'06. 992 1995' 19.96' 6870550E THE INDRORTEST COMER OF FOUNOMS PAR.EllVATICN H 620.31• 194
S09
77.4m,'115c,PaL15
E00
Z.198
.0
"''''
07 10.00' 5024230, CI7 470.00' 20002 850' 16915' 170.08'_6090102.2 -- -__
T1B 167.47' 501E1230 218 47600' 80205' 35.07' 69.95' 70.01' 324.3214,
T19 85.98' 505.02326/
TRO 1082' 001230'E PRELIMINARY PLAT
01 coote 6890232v
722 now 6021230
TE3 3150' 589'030, LOTS 1-17, BLOCK 'A'
T24 97,00' 600500
T25 360 68904.30,
121 9802 11890230.E WOODBRIDGE CROSSING ADDITION
BEING 64.6809 ACRES OF LAND
OWNER OWNER ENGINEER/SURVEYOR WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
WOODBRIDGE NORTH DEVELOPMENT LLC WOODBRIDGE NORTH COMMERCIAL I,LTD. LAWRENCE A.CATES&ASSOC.,LLP
9696 SIOLLMAN STREET,SUITE 210 9898 SKILLMAN STREET.SUITE 210 14800 QUORUM DR.,STE.200 CITY OF WYLIE, COLLIN COUNTY, TEXAS
DALLAS,TEXAS 75243 DALLAS,TEXAS 75243 DALLAS,TEXAS.75254
(214)3413-1300 (214)348-1300 (972)385-2272
CONTACT:DON HERZOG CONTACT:DON HERZOG CONTACT:BRYAN M.BURGER,P.E. DECEMBER 19, 2007
SHEE,OF 5
F W
I-▪ W
IC▪ Z
0) N
III 111
Z Z
_l J
1-• I-
! M
MATCH LINE(SHEET 11 MATCH LINE ISHEET 31
=', 8 - ��— —MATCH LINE(SHEET 41
i
oo.ro.,
x� Ro ,,,a %,. v uo
LOT ar'a ,su T T8
71 " LOT 7
I5.6431 AC.ORCCi _-- - 4.5411 AC. \ 10.6519 AC.
5 \ a
1 a A
I I\ x /LOT 1 W „„. W
a3 a - 1.5922 AC. R - oxcc r. W
o \
s _� 8 N f
a_ BLOCK 'A' \ , z
0
g J N
uL wRmOOR
2 IsI Aoao NL/cOMMwaaL _., _ S
t �RIGMIT-of-wi v A £ axx i
a DEDICATION `\ /
1 ISV T1#SflL71 T1�- v 1
.4897 ,- \ e
ono ME-, ,.c.c A W r 4F3 0 w�.
\ ss ac � � '�''b,2r N d9L7 JGW--,
S
o w
9s6 aTRE3 N.
awF<. 5
",595 DN"' ao oo A..o„ ! '\ Aasr .� s„rET r SHEET s
\S d9.44'JO'W d25.S6' _ .+A',,, \ .sf(• SHEET t
oRoc. ' €en.,�a I \ / \ ` �SV{l�`5 _ _._\ -- sHccr•
% ��' ' 'v KEY MAP
/
EI I I, .--_5.— _ wv WOODBRIDGEVOL01,PG 5.
mLEGEND
ZSEL=SET
(WE pap xo1Ea,
O vw Rom Roo SET rr,S RM.)
_ PRELIMINARY PLAT
LOTS 1-17, BLOCK 'A'
Wiwi ow▪. usoforr(-ME AS PDWO)R..UM sow,
®_,. WOODBRIDGE CROSSING ADDITION
NT
e�a»,6� x
"'"'Ex BEING 64.6809 ACRES OF LAND
" OWNER OWNER ENGINEER/SURVEYOR WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
PP mimp w sixc xw0rtCOMMERCIAL I,LTD
WOODBRIDGE NORTH DEVELOPMENT LLC WOODBRIDGE NORTH . LAWRENCE A.CATES&ASSOC.,LLP
9696 SKILLMAN STREET,SUITE 210 9896 SKILLMAN STREET,SUITE 210 14800 QUORUM DR.,STE.200 CITY OF WYLIE, COLLIN COUNTY, TEXAS
DALLAS,TEXAS 75243 DALLAS,TEXAS 75243 DALLAS,TEXAS,752S4
(214)348-1300 (214)348-1300 (972)365-2272
CONTACT:DON HERZOG CONTACT:DON NERZOG CONTACT:BRYAN M.BURGER,P.E. DECEMBER 79, 2007
I W
COc_
LOT IR
CORVETTE AMDOI ONLOT 2
WELL
isPs
N
5.
LOT IA
D.D "a°tT.T. LOI.2
.wo. A,°M. .. u6 Nw
DN . 6 B ,
IV OCl/SPRINCBEL1 MOTOR
•
rrArvne Eworo \���/��_
Naou n. rearr-w.E? a ry F P A ,y 4 +e..
L�� .7�i a — g N69L4O8 �_,967.63. 0 . DNT D .. �__, °`�
Lz� �3P9 - P 4
�AA6 — �, e'er r THIS PLAT) -- - .�
P 06
\ MY EMS aan revEASEMENT
nn n wv rrns PLAT, / 1 n H /, I A I W
- / / A / �8 L �'_---�KJ1 wArc msmmwcxro '
h n . i /r @ / 0 j r s-PN
11! LOT aAl t
LOT W LOT 11 LOT is LOT 18 LOT 15 LOT re A P, 1 I C_�
W ,, 2.3428 AC. '"0 1.2082 AC. " 0.9175 AC. " 0.9242 AC. 16228 AC. " o 1.6218 AC ' 1.0542 AC. 4 \/\ % Q r -
41 / • / _l I ,Y
W y ., ., / /
/ /
,n 0:
? �— ; /.D.E P NxGD.r. s r
J 33 / /
_ • 7
NAo: ` z ,o9..no E se:oo $ N P.44.,D E .,w.H� . Ds '\ i \ W
DD o3
ggo,
r.4 �Apcl a
l«�E ,O ,/� R T-OF-WAY
„03.
l CATION
BLOCK 'A' / 5N;5 / IeY_J aLATI
= / z. O 0.9425 AC
i30s 3z50, A 2am PO COMMERCIAL "' #0.6 /8
�T - PROPOSED .NE,.L/Co « ; /410,..45v
OAG� / 3 ,
/ 3E1
�1 Lore R Lor 4 a/ LOT I7 l 2 i w H ,.,
7.1165/AC. / 6.7088 AO./
/0.6529 AC. °f
is 6 msn1C1 / DRDG..
-� DM
MATCH LINE(SHEET 11 -
L
MATCH LINE(SHEET 21 MATCH LINE(SHEET 41
eL a
LEGEND
III Ill
I X a.0 fl
CO CA W W O0
. is�WE As WED,
w m ZE CEllED 7o`I N
_ _ ELE[mc ENDNE SWEET I SWEET 3
J J SHEET 2
SHEET 4 4 we 7SH A9 l KEY MAP ,
f 2 ®n...mno9 eo»
E
. a .A C,E.aEw ,wm.su ro.EA 0 30' gQ 120•
.�� T^ PRELIMINARY PLAT
MM.,NDN-DNE,i, LOTS 1-17, BLOCK 'A'
WOODBRIDGE CROSSING ADDITION
BEING 64.6809 ACRES OF LAND
OWNER OWNER ENGINEER/SURVEYOR WILLIAM SACNS£SURVEY, ABSTRACT NO. 835
WOODBRIDGE NORTH DEVELOPMENT LLC WOODBRIDGE NORTH COMMERCIAL I,LTD. LAWRENCE A.CATES&ASSOC.,LLP CITY OF WYLIE, COLLIN COUNTY, TEXAS
9696 SKILLMAN STREET,SUITE 210 9696 SKILLMAN STREET,SUITE 210 14800 QUORUM DR..STE.200
DALLAS,TEXAS 75243 DALLAS,TEXAS 75243 DALLAS.TEXAS.75254
(214)348-1300 (214)348-1300 (972)385-2272
CONTACT:DON HERZOG CONTACT:DON HERZOG CONTACT:BRYAN M.BURGER.P.E. DECEMBER 19, 2007 sncEi 3 of 5
F- RN
I- I-
w LU
111 ILI
Z Z
44 (0
III Ul
Z Z
3 3
X x
O 0
1— 1—
.4 4
M X
MATCH LINE ISHEET LI MATCH LINE!SHEET 31
,
MATCH LINE(SHEET 2) .... / /
k N r
i 7/
,
,;
_.__
I /
/
, \ , ‘ VOL.18.0eTIEZ.R.C.C.1..
//
., /
(
\ 4
WODIORP19.-,E iLT'N'n'E'vELOPMENT t, / /
2 ,... ,_,_...,-._.., ,....1,-......--,Lo)
P.' INSTRUPENT PC.10.04050000.2250.
WIC C T.
// I
,
• /
/ //
.,,
77.,.‘:mfir.:.c..T'..-r. 5, :,
N • > ,
s, LOT 8 LOT 14 /,
I 3 ; 1 ..
....
1 ..
‘
-,10.6529 AC.
,,
\.
4
g
,..
2 7./165 AC. /
/ k
1 .'/.7 so 7-8 IL.
.., ,
'
CC
ANCR)VE REP
'' DItieDA.R7C7C.7.
'Kik
I
CI
) -
q.,
\ ...„ . /
) (
'''''' /
00i,_:.,[i Rol -A0E-WNAY
F. .
, /
zt'l 111 VI.4' I/-11iY THIS PLAT
\ ._
in \
au ,... \....,,,
0 - ,,,,,.. 2 ,,,„,„.
e -, ki ( 0.9/25 AC. X
.
Ill
BLOCK 'A' " / 747====tw k ,,,,' 1.1-1E%INDUSTRIAL
.... La OR,C T. / SUPPLY CO.INC.ADDIPON
''.,_._- --------
SHEET 1 SHEET 5 ''',. N
I ,
2.CO ACRES
ZONED,PO CONMERC1AL CORRIDOR / (1. 11 , VOL SIN P.991 O.P.C.C.i.
PROPOSED USE:RETAIL/COUMERLIAL ,..,,_____a % /
SHEET I SHEET t 3 \ .„...
O \\.,..,...- i
\ 55 3 II DEED rere,/ ( 600., c,1
KEY MAP I— .,
• \
< .
\ -- / ,..Tur::
. ,
\ \/ „ ., r
-.
. ,
/ /// , \
,..., RDOODRIDGE NOM COMMERCIAL I.LTO , .,-.7.
;. Lor 1-atone 0
VOL S971.PG.112, ,..0"40. \ ,
......,,____ / \ ./
•.,, 0 G
-----.„ _
. •A°:;" ( .„_..
/ ----LOT 2-BLOCK A
,, \ \\ / I'l )
/ ,
,' ., _ _ / / /
_
/
, \ 7-- J ) 2 2.2
, \
\ \ \ 2 , \ )
_2,)2_ 2, \ // i , ,; ----) )222)
,
2222),
'\22 / \ ) `iii 1
,
LEGEND
1;7,,' cr7i
0". CHISELED"M.IOU.
Orm IRON Roo P011.(S.AS....) PRELIMINARY PLAT
,_:3f,,; =5ArEr.01,7M
...,:r...UNLIERGROLHO MCIR1C OR TELEPHONE
LOTS 1-17, BLOCK 'A'
0 0.r. GM VALVE
0 IL, WATER MAINE
WOODBRIDGE CROSSING ADDITION
.. ...HOLE MBE M NO1E.
Ebe.Km-0mm sm.,am
13.66 Lamm mr.resrom.66 ma BEING 64.6809 ACRES OF LAND
Arrom ELECTRIC TRANSMSSIN SIM TONER
O.R.,UMERCROUND f..LE 1.1MWER OWNER OWNER ENGINEER/SURVEYOR WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
01: .,,.„.,s„, WOODBRIDGE NORTH DEVELOPMENT LLC WOODBRIDGE NORTH COMMERCIAL I, TO. LAWRENCE A.CATESDR.&ASSOC.,LLP.=. VEITA''' ''' 9606 SKILLMAN STREET,SUITE 210
DALLAS.TEXAS 75243 9696 SKILLMAN STREET.SUITE 210
BAURS,TEXAS 75243 14B00 OUORUM .STE.200
DALLAS,TEXAS.75254 CITY OF WYLIE, COLLIN COUNTY, TEXAS
. CONTROLLM MONUMENT (210 348-1300 (216)34B-1300 (972)355-2272
CONTACT:DON HERZOG CONTACT:DON HERZOG CONTACT:BRYAN M.BURGER.P.E. DECEMBER 19, 2007
SHEET 4 OF 5
4
111 Ili NYcCREARY '9iR ® A ® •U ;'�
a
ii � io i � �! I
171 '
•
Thz4F; ., , I34v
- � � V
n rn w -o9p L
I 5IE ,_ I ,t. 1
:f +- y V t11/; '
'
1- a , i_t r..LL', - 11r .. I1 14 € s =Ero P `
r r- 4r 11. 4sL ;3a xa q4 k 1
:.
Tk
F1 z :a '51 V. m LiI - ] s'M- IIL IIn I E ri. .,� 61,rT.fl
s a >£ ,sp4 a y I! C4 4 P r ''' ' - it
> ; a =ig gel ! c 4q Ifl II
a� p I qy 'di[� !
s R � gI
$ &p,{- 2
�i ? �e ' 11Sa 44s ;m i +nr-, + py A1� h7 ^ -
fr"
�6I, ii i
N '
r q46 Pt' dp�- i Ii q 1 (
1 r M €RBI a Z 4 I ' _ c — .y s
s fi ^� 1 •1 - s0,a/s116aa ' "gym r ¢ pa> G4 Ik,r I
$ s a
m $� it — 0 d ,
. ,_,,,,,,„.....- 1, : - ,...--- ,?.._.41,-.;it\ ;; “
n! REST q ,
11 �a, L y •yI
II r o 3C
f .aH-Tho I..--H, lit " S4.tiI g{ '!'S J VN
4 \ IF al o I
. J' _ j L - 41 III
p. • ,1 ..�0 •co r
I n I rra _ I �' I
,giY l� pa .LiTI
4 :,q,aA 'dt-1, 1 � r 6# : TV 1
�nI a- asp. L u� L t y Ij r
hu
I
( `r." :$� Pill
6 I I T - 1�0 i .t A 9l 0 '+ru L r[rr rr� ? .
g� 44 v qa^4 PI rs I:3 [ i
i)
,r� ' NII it :,� L o Ir a �-�II 4 ,�, „ Ill
ll
_;m iyg4 } -1i t 8-C B;J -- — ` t r F
4 f nt 4 '. '
4
! i P .,; 1I
a' , I a4t' z ]
s
z , p
o
.... .,. _
___L_ _
N ``
�t SPRING WELL
�S 21 i. 1
lj
€ r,r1
'Mill a ! [ q L,EE siE
iig m o < i ; - gI! l;Nrj
mi 7 3 i t
r �
m I
� �
1 8 I � (,
m m Vi S J`.��., REGENCY own �^,m.::.../ G l"—. ,—,'
. 1
4,Tr','
c' a a r
q. 1
vo a
I 1 @
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number:
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: January 23, 2008 Budgeted Amount:
Exhibits: 3
Subject
Hold a Public Hearing and consider, and act upon, Zoning Case 2008-01, regarding a request for a Specific Use
Permit (SUP) for an Auto Repair, Major use on one lot on 0.648 acres (Regency Business Park Phase I, Block B,
Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive).
Recommendation
Motion to approve Zoning Case 2008-01 amending the zoning from Light Industrial (LI) to Light Industrial
with a Specific Use Permit(LI-SUP) for an Auto Repair, Major use at Regency Business Park Phase I, Block B,Lot
1 (101 Regency Drive), generally located east of Regency Drive and south of Steel Road.
Discussion
Owner: Mr. Wala Hameed Applicant: Mr. Wala Hameed, (Wallace Collision Center)
The subject property is located within the Regency Industrial district at the southeast corner of Regency Drive
and Steel Road (101 Regency Drive) and totals 0.648 acres. The property is currently zoned Light Industrial
and has been used for miscellaneous light & heavy industrial uses, including salvage yard, contract construction
and open storage uses. An 800 sq. ft. metal building occupies the southern region of the property along with a
fenced open storage area towards the rear.
Light Industrial districts are intended to provide for less-intensive assembly, warehousing and distribution of
products from previously prepared materials and parts. The primary focus should be industrial and commercial
uses that serve regional, state and national markets. The applicant proposes an automotive paint and body
repair facility, which is designated/defined as an Automotive Repair, Major use by the Zoning Ordinance. Auto
Repair, Major use is defined as a facility used for maintenance, repair, and restoration or rebuilding of vehicles
under 6,000 pound gross vehicle weight. This includes engine rebuilding, body work and painting.
City Council voted to amend the Zoning Ordinance to allow Automotive Repair, Major uses within the Light
Industrial zoning district by Specific Use Permit (SUP). An SUP provides a means of oversight and evaluation
by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the
community's welfare by assuring appropriateness and compatibility with surrounding land uses.
The applicant is requesting to redevelop an existing salvage yard on the property. A site plan was recently
approved by P&Z subject to final adoption of pending text amendment to Zoning Ordinance, Article 5, Section
5.1 (f). The approved site plan (Exhibit B) is made a part of this zoning request. As reflected on the zoning
Page 1 of 2
Page 2 of 2
exhibit,the applicant proposes two (2) one-story buildings on the site:
• Building 1 is a 6,733 sq. ft body shop with paint booth
• Building 2 is a 6,214 sq. ft office and shop area
The proposed redevelopment of the property shall be in compliance with current nonresidential design
requirements including exterior building material, site and landscape designs. In addition, the applicant has
committed to prohibiting any outdoor open storage of inoperable vehicles including miscellaneous automotive
parts. If approved, this commitment is made a part of the SUP Conditions.
The Comprehensive Plan designates Light Industrial uses for the area of this request. Surrounding properties to
the north, south and east are zoned Light Industrial and are being used for similar uses within the immediate
area. (Metro Fleet Collision Repair)
In summary, the request for an SUP to redevelop the property for Auto Repair, Major facility is generally
consistent with Light Industrial designated land uses. The Zoning Exhibit complies with all applicable technical
requirements of the City of Wylie, including site, architectural and landscape design requirements.
Notification/Responses: Twelve (12) notifications were mailed, with five (5) written responses returned
favoring the request and two (2) responses opposing the request.
P&Z COMMISSION DISCUSSION:
The Planning & Zoning Commission voted 6-1 to recommend approval of Zoning Case 2008-01. One P&Z
Commissioner voted in opposition, voicing concerns regarding the proximity to the proposed retail site at the
southeast corner of FM 544 and McCreary Road. Other comments made were the number of existing
automotive repair facilities in the immediate area. It was further discussed and determined that the adjacent
facilities surrounding the subject property had a different clientele than what was being proposed for this site.
The proposed major automotive repair facility will not be in competition with the surrounding existing facilities
and is by appointment only. The planned facility will have as its client base two major insurance companies,
which will refer customers to the facility. There will not be drop-offs or walk-ins, unless an appointment has
been made.
The applicant at length discussed the requirements as set forth by TCEQ in regards to paint and/or exhaust
fumes and that the project meets or exceeds these requirements.
Approved By
Initial Date
Department Director RO 01/23/08
City Manager II)�l
lu`')
S
j=jili
,��,ow mi y -- g_________A,
,rn: rwis anal,in�
i
i i
l
I
i in i i I
3 i i i i ,
4 F.- NI,
i ! ! I •' Babied !
i ` iii
rn " ii!ii
i ' 1 Pr°P:rtY
i , ii_.._ _ C'et RCIQdT
i .i i5-3(i tg.4.71,/-P -.,...
CI
i i{::>-...."--"-hi;"--If..-7'::
l
�QpgoI treat i
Fo�}one r��jret ,
i
Tr— �- - - ._I._..�._._..J..__L..�_..�.
i
i
i
1
i
i
i
I
i
1 i
LOCATION MAP
ZONING CASE # 008-01
I LI- ZONING
REGENCY FLEET CITY SERVICES
COLLISIONAUTO REPAIR& REPA FOR
FLEET&OTT VEHICLESIR
\-_
Steel Road (0'R.D.W)
(ROW.TO BE SCOUTED BY SEPARATE INSTRUMENT) -
NOTE:
IRon SLIDING GATE NO OUTDOOR OPEN STORAGE PERMITTED
--r- I T D BB• STORAGE LIIED TIMEINOPERABLE VEHICLES ONLY VIXEN ABSOLUTLY NECESSARY
^ T. I WITHIN A LIMITED TIME FRAME.
p�' >� WILL YORK WTH ENGINEERING DEPT.FOR FUTURE ROW DEDICATIONS
,; Y e FOR STEEL ROAD I REGENCY DRIVE.
2G'N.L. 1
y SITE PLAN SUMMARY
iR0 °�
LOT SIZE_ 648 ACRES (20,206.]3 SOFT)
p TOTAL BUILDING AREA= 11,947 SOFT.
_�-_� LI-ZONING LOT COVERAGE=45.9%
qgg EMPTY BUILDING BUILDING HEIGHTS=BUILDING I=24'-7'MA%.NT., BUILDING 2-23'-9'MVt.HT.
LI-ZONING IP " No BUSINESS EDISNNG PARKING GkCUunDNS:
EMPTY BUILDING ¢ i I _ `Q REQUIRED PARKING=I SPACE PER 3W SO-Fi_OF'OFFICE AREA-PLUS I ADDITION SPACE
NO BUSINESS EXISTING 1 3 b ^� BUILDING 1/�+'s FOR EACH SERVICE BAT.
ii 8,733 3Q.FT. ° TOTAL FOR
AREA'WITHIN THE BUILDINGS=1400 SO.FT.=5 REQUIRED SPACES
o L TOTAL NUMBER OF SERVICE BAYS=7
O IPACEmoING
a TOTAL NUMBER OF PARKING SPACES REWIRED=12
O ., R P \\��6 I^ h8 in TOTAL NUMBER OF PARKING SPACES PROVIDED=15 (INCLUDES 2 HANDICAP SPACES)
L 1'n\\\I YYY i1 ��N ALL PARKING SPACE DIMENSIONS ME 10'WIDE%20'DEEP(200 SO.Ff.)
V p aP � Rc I
} F6 _
v'o a 1 1 E-- - ,,Itnf l DUMPSTER
Q) :F Q.�„w SET. ._ -
m
` 1'AN°. 24' WIDE FIRE LANE M.'
1--_..._ IUD :e'v T,Y iw -__
LI-ZONING , �jj� _ -`—--"
LONE STAR GRANITE
GRANITE COUNTER TOP ®� 1-STORY
�
FABRICATION > 1-STORY
a BRI(IK411. . BUILDING 2 ;
/ 8,214 3Q.F7.
I S
6WINGINO - ---" ZONING EXHIBIT
GATE9R N n /,_'; ZC2008-01
LI-ZONING POOL REPAIR SERVICE ® ,,,,,,0.
Tz5B8' SUP REQUEST
inn REi.toT[r
LI-ZONING Regency Business Park
CHIROPRACTOR&AUTO REPAIR PHASE 1, BLOCK-8, LOT-1.
'a
SITE PLAN
il ,, I',1,.,. NORTW Wallace Collision Center RDGS—Architects
101 REGENCY PARK DOZE 239 WEST PECAN STREET
O WYUE,TEXAS 75058 CELINA TEXAS 75009
DATE 1-9-08
IIIIIIIIIHIOIIIIIIIIIHHIHHOIIIOHHHI . »�h aWellace Conistoncanter a ` RP�FII ECf5
,.,w,«.�� �' ( [ 1 / 239 WEST
,14 = Ii l I ( l I� I I I II Il II I I I (F�i 1��j \s�a �� PECAN STREET
T , rWI I SUITE , T
= ME. M-- CELINA, TEXAS
N1/HA
>,0,»u., I=:r.1 ae >,,,w».� »tip 6� � / 10=0 l \,m w„a. 97219382-4994
WEST ELEVATION CONCEPT BUILDING-1 NORTH E L_E V A_T LO N REVISED:
0
»� ,.w.TIJTE `..»z,a.
EAST _ELEVA-TION CO_NCEPT BU_I_LDING-1 SOUTH ELEVATION CONCEPTBU_ILDINO-1_
Iv N
- 1
l7
(3 T
U
N
m� K
In IY
c / t a' a a a r+
/»�fr ».„,.,. »„,.1 Wallace ColiNon Center »vim O O
■I�III . �1111111_ =�rl����#I� _II�I11� ''ry R0 L, 1
11 �1 "I� 1 KIRIIII�p��i�G�p��l� ii l►�ll l ������l ll ,I� =_ � � ���� l� �� �, �ull� I■:.I�,r lid
��
sue. R E O E NCV D R 1 V E _B TR EE T VIEW #07040
��•,• 1.00
_ � r
�w � _ � ` RDGS
\ / .ETKl, pPGFIITEGiS
t t 1 t / 239 WEST
Wallace Collision Center -- PECAN STREET
14.RAMA O\ SUITE 103
_ i -«/` CELINA, TEXAS
I op I ilm�ll gg lllr1l ,,II 75009
O0
miiiiimiiimmmmimiiiliiiiuiuim I„
F 0fl _ n= ;; N Imo_ _I d,l 19721 382-4994
c�N2 oAs.o -- -- - — - -- — .... n,m,waR �.«e�w.�.,� REVISED:
1ST n�
WEST ELEVATION CONCEPT SU 1 LD IN G-2 W E S_T _E_L_E_V A T_I O NC O N-O E P T B_UJL D I N.O-2.
4.iug
:gam in.:
¢ai gV
uaY.k9
os
•o'
\ t'''''''. ' / -- _
, Iirj X6:NDu O
t -
H.a,< •
. ..,ace .a a,. ---_..------
EAST ELEVATION CONCEPT BUILDING-2
ARCHITECTURAL DESIGN REQUIREMENTS o
ELEMENT BASE STANDARD DESIRABLE 3 OF 6 �-I 0
N
BUILDING MATERIALS H. BUILDING`ONSTRUCTED OF BRICK W %WITH AT LEAST 20 a. COMPLY-IFEE OF TRIO COMPLEMENTARY PRIMARY FACADE MATERIALS 0
STONE ON FRONT FACADE IN NS.CR,CG,LI AND HI TO FELP ACHIEVE FACADE ARTIOIALATION.VISUAL VARITETY AND
DISTRICTS.TILT NALL CONSTRUCTION 15 PERMISSIBLE IN LI ARCHITECTURAL DETAILING. •r-I Nww� l.L
AND HI DISTRICTS.
b. COMPLY-SAME STYLE EXISTS FOR BOTH BUILDINGS. ""'�
b. ROOFS WITH PITCH GREATER THAN 2.12 USE SPECIFIED rN
ROOFING MATERIALS. O
c. BUILDINGS SHOULD COPY ARCHITEGTRA.Graff-5 AND / 1 O
DETAILS DESIGN rI DC+,BUILDING MATERIALS,AND COLORS �l a—
OF THE ELRROUNDIHA IRA DEVELOPMENT CONTEXT WIN 200 FT.OF CORDER
BUILDING ARTICULATION, °- MALLS NOT EXCEED FEIGHT WIDTH RATIO OF TO 2 WITHOUT A LOWLY-APPLICATION OF BA.E` STMVAfEJS TO FACADES VT FACING A HEM STREET.
VARIATION IN MAE61N6 OF FACADE.AT LEAST 25%OF FACADE OFFSET AT LEAST 4' b. GUI-WLY-USE OF ARCHITECTURAL DETAILINY AND/OR MATERIALS TO
FORM AND MASSING b. ENARANGES MST BE FtYHA51ZFD WITH ARCHITECTURAL ELEFEMS. PROVIDE VARIETY IN VIBIAL APFEARANCE. ---
c. GROW FLOOR FACADES M NS,CR M GC DISTRICTS RECUIRED SPECIFIED
FEATURES,ALONG 60%OF LENGTH.
ARCHITECTURAL ° BUILDINGS
IN
NEIGFB RDISTRICTS
I cr5SHALL BE ARCHITECTURAL COMPATIBLE #07040
COMPATIBILITY b. MNLOINES N CC DISTRICT ADJACENT OR WHIN 200 OF RESIDENTIAL 2.00
AREAS SHALL BE ARCHITECTURALLY COMPATIBLE. ■
/\a.0 0
NOTIFICATION REPORT
APPLICANT: Wala Harneed APPLICATION FILE #2008-01
208 S.International Road Garland,Texas 75042
# BUUABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
-- Applicant 208 S.International Road
1 Wala Hameed Garland,Texas 75042
Regency BP#1 110 Regency Drive
Q 2 Blk A Lot 1 R-1949-00A-0010-1 Austin Wylie Realty Ltd. Wylie,Texas 75098
Regency BP#1 16990 Dallas Pkwy#101
O 3 Blk A 2 R-1949-0OA-0020-1 All Manteghi Dallas,Texas 75248
Regency BP#1 6612 Jupiter Road
0 4 BIk A 3 R-1949-00A-0030-1 SPS Mann Plano,Texas 75074
Regency BP#1 401 Saint Michaels Way
5 Bik A 4 R-1949-0OA-0040-1 Jerome Smith Rockwall,Texas 75032
Regency BP#1 402 Francis Way
0 6 81k B Lot 1 R-1949-OOB-0010-1 Sarah Maleed Richardson,Texas 75081
Regency BP#1 23 Steel Road
1( 7 81k B 2 R-1949-00B-0020-1 Thao 1a-ra Wylie,Texas 75098
Regency BP#1 7216 Foxworth Drive
8 Blk B 3 R-1949-008-0030-1 WGCS Inc. Dallas,Texas 75248
Regency BP#1 6217 Covington Drive
X 9 B1k B 4 R-1949-008-0040-1 Carin Walden Rowlett,Texas 75089
Regency BP#1 119 Regency Drive
10 B1k B 5 R-1949-0OB-0050-1 Axqulsltion Italix Wylie,Texas 75098
12 Regency Drive
11 Abst 835 Tract 29 R-6835-00-0290-1 Ferguson Stroupe Wylie,Texas 75098
9 Regency Drive
O 12 Abst 835 Tract 33 R-6835-00-0330-1 M-Tex industrial Supply Co Inc. Wylie,Texas 75098
13
14
15
16
17
18 —
I1 �J tIv
)
•
•
_ - ,�
3 ...'
1 'i6" ; '1.,?i
.' , ,. - ..-., i, . -. -I -..;•:-..-•t,-.74.-c-4,s----;-;!(„ii-i....-4.4115••,•••!- til..-•'.,•••-,- ....• x--,,-. -- ,:. .-. „,„, - •
7 H�..;•7s- x s 4*53 .c-
i - b .•r^rrr 'i
z; a
' ,gw a ha-0 r- 'r
•
ehc u:s,v� SS ��..
a C
s C)
5 °D
6
..� rr-
OWNER NOTIFICATION MAP
ZONING CASE #2008-01
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
V/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2008-01.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case l2008-0I.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,January 15,2008,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,February 12,2008,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie;Texas
Name: S. Pig Q. L MAN N
(please print)
Address: //� C LA{
lOcaitg- T 7 fa 9 8
Signature:
Date: .7av, r,- 2 a a
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie.Texas 75098
(/ 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2008-01.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2008-01,
Date.Location&Time of
Planning&Zoning
Commission meeting: Tuesday,January 15,2008,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie.Texas
Date.Location&Time of
City Council meeting: Tuesday,February 12,2008.6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: M/ GJ y e.1 ' F.1 T`f
(please print)
Address: /10 RE-6- Cy pp
71 7505 g
Signature: ( Q_
,&,-)1/1-e—A--)
Date: >✓ 14 n b
COMMENTS:
Jan 14 08 11:5za Wale liameed 87e-ewe-sr,ao r•.-
_J..r
PUBLIC COMMENT FORM
(Please type or use ilaek ink)
Department of Planning
2000 Rigbway 78 North
Wylie,Texas 75098
•
/ '•
1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
ii2008-01.
I am AGAINST the requested zoning as explained on the aaaebed public notice for Zoning
Case#2003-01.
Date.Loation&Tune of
Planning&Zoning
Commission meting-. Tuesday,January IS,2008.7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie.Teas
Date,Location&Time of
City Council meeting: Tuesday,February 12,2008,6:00 pan
Municipal Complex,2000 Highway 78 North,Wylie,Tens
Name; AL-,` 4. it-1.47i-Tg. 1 '
(please prim)
AddretS: f‘ffio D441-45 P•4,2a-k/4 Y'i d`(d /
7
•
Signature: - — - .
Date: /��[ 0 e
COMMtlNT3c
Adis
I'd ldtiLt,:TT 800E PT 'Lief OSh212F,716 : 'ON 3NOHd : WOti3
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie.Texas 75098
•
1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2008-01.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2008-01.
Date.Location&Time of
Planning&Zoning
Commission meeting: Tuesday,January 15,2008,7:00 pin
Municipal Complex,2000 Highway 78 North,Wylie.Texas
Date.Location&Time of
City Council meeting: Tuesday,February 12,2008,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie;Texas
Name: CL �� i "�ti i^h Ca e G C •
(please print)
Address: 101 a if:L'cM (/' I7 v p V r'
''ytie 1_x / ��✓`'r'
Signature: Sl(t.1, 2 u n" ltt.e G1aG
Date: ,'1 1 -
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie.Texas 75098
t� 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case
42008-01.
1 am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2008-01.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,January 15,2008,7:00 pm
Municipal Complex,2000 Highway 78 North Wylie,Texas
Date.Location&Time of
City Council meeting: Tuesday,February 12,2008,6:00 pm
Municipal Complex,2000 Highway 78 North Wylie,Texas
Name: N( r°t L4.e.v A-160(
(please print)
Address: c cj Sie- •
t.uY14 c- f �--jz ? So t
Signature:
Date: / /1
COMMENTS:
OI1 A (41
Ulf uai tours uo:uti 7 t L[t71:3 WAlJJhF1 HAthl C..INI I E.k PAGE 173
PUBLIC COMMENT FORM
(Please bpa or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#t2008-01.
l am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case 412008-01.
Date,Location&Time of
Planning&Zoning
Commission meeting; uesday,January 15,2008,7.00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Tune of
City Council meeting: Tuesday,February 12,2008,6.00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: ---rp 1k o -- frWI
(please print)
Address: ;
Signature: / _ -- � • -
Date: f r /
COMMENTS: t
PUBLIC CO I i T FORM
(Pleaserjpe or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning CAse
#2008-01.
I am AGAINST the requested zoning as explained an the attached public notice for Zoning
Case#2008.01.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,January 15,2008,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday,February 12,2008,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: t Otr rl✓ CO
ddc,-,
(please print)
Address: / Cif
5ignat re: - C 6D-"-(
Date: / 9 " °3—
COMMENTS:
,i/Phar „eyy, ke:c,3-r,
LPu--
Walden Pain Center, LLC Dr.Carin Walden
1311 Marketplace Drive,Suite 144
Garland,Texas 75041
January 4,2008
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
Dear Wylie Council Member&
Planning&Zoning Commission
Re:Zoning Case 12008-1
101 Regency Dr.Lot 1 Block B
My husband and 1 own the building next door to the propose property. We oppose the
petition for several reasons:
"Three years ago we were told that no more body shops would be allowed in our area and
we spent 2 months proving that we were given permission to build and we should be
grandfathered in. Finally we were given the occupancy permit but with the stipulation
that it would not ever be sold as a body shop. So now you are considering to approve
another body shop when there is a body shop next door on both sides and directly across
the street (see map attached). Isn't it the responsibility of the city to promote some
diversity? Surely you wouldn't put 3 Starbucks next to each other, or three Walgreens
within 50 feet of each other?"
One of the reasons we moved to Wylie is because the council advertised that they want
business to thrive in this community.
Allowing one body shop next to another,next to another,next to another is not something
I have seen in any modem city where there has been some constructive and conscientious
planning by the city.
We feel even consideration of approval is extremely prejudicial considering the
constraints placed on us.
Dr.Carin Walden
Mitchell Zylinski
117 Regency Dr.
Wylie,Texas 75098-7017
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 2
(City Secretary's Use Only)
Department: Parks and Recreation
Prepared By: Robert Diaz Account Code:
Date Prepared: January 22, 2008 Budgeted Amount:
Exhibits: 2
Subject
Hold a Public Hearing and consider, and act upon, Ordinance No. 2008-05 adopting the Standards of Care for
Youth Programs.
Recommendation
Motion to approve Ordinance No. 2008-05 adopting the Standards of Care for Youth Programs.
Discussion
Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly
and adopted as an ordinance in order to comply with the Texas Senate Bill 212, Human Resource Code,
Section 42.041 (b)(14).
The Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14) states the following:
Section 42.041 (b) (14)
Elementary age (ages 5-13) recreation programs operated by a municipality; provided the governing
body of the municipality annually adopts standards of care by ordinance after a public hearing for such
programs and that such standards are provided to the parents of each program participant. Such
ordinances shall include at a minimum, staff ratios, minimum staff qualification, minimum facility and
safety standards, and mechanisms for monitoring and enforcing the adopted local standards, further,
provided that parents be informed the program is not licensed by the state and the program not be
advertised as a childcare facility.
The above legislation determines that the City will become exempt from any licensing from the Texas
Department of Protective and Regulatory Services if the standards of care establishes the following:
1. Staff Ratios
2. Minimum Staff Requirements
3. Minimum facility, health, and safety standards
4. Monitoring and enforcement mechanisms for adopted local standards
Page 1 of 2
Page 2 of 2
5. A process to notify parents that the program is not licensed by the State
6. A policy that the program will not be advertised as a childcare facility
Staff has made no significant changes to the current version of the ordinance. The ordinance and Standards of
Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as
legislated by the Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14).
Approved By
Initial Date
Department Director CMS /� 1/22/08
City Manager l�1 Vl.'1
ORDINANCE NO.2008-05
AN ORDINANCE OF THE CITY OF WYLIE ADOPTING
STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH
PROGRAMS.
WHEREAS, the City of Wylie will be establishing a history of providing youth
programs that contribute to the overall well being of Wylie youth and families; and
WHEREAS, a hearing before the City Council was set for February 12, such date being
at least 7 days after publication of the notice of such public hearing; said notice appearing in the
Wylie News on January 30 and February 6, 2008; and
WHEREAS, the intent of the City is to adopt Standards of Care for its youth programs
that fulfill the requirements of Senate Bill 212 as it amends Section 42.041 of the Texas Human
Resource Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
Section 1. The Wylie Youth Programs' Standards of Care as detailed in Attachment "A"
are hereby adopted.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this 12th day of February 2008.
Mayor
Attest:
City Secretary
Attest:
City Attorney
Date of publication in The Wylie News-February 20, 2008
Ordinance No.2008-05
Standards of Care for Wylie Youth Programs
STANDARDS OF CARE
WYLIE YOUTH PROGRAMS
The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas
in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th
legislative session. The Standards of Care are intended to be minimum standards by which the
City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The
programs operated by the City are recreational in nature and are not day care programs licensed
by the State of Texas.
GENERAL ADMINISTRATION
1. Organization
A. The governing body of the City of Wylie Youth Programs is the Wylie City
Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks and Recreation Department Managing Director and Departmental
employees.
C. Youth Programs ("Program")to which these Standards of Care will apply is the
Wylie Wave Summer Youth Program.
D. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on prospective Youth Program
employees. If results of that criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) a felony or misdemeanor classified as DWI (driving while intoxicated)or
DUI (driving under the influence);
1
(6) any offense that would potentially put youth participants or the City of
Wylie at risk.
2. Definitions
A. City: City of Wylie
B. City Council: City Council of the City of Wylie
C. Department: Parks and Recreation Department of the City of Wylie
D. Youth Programs or Program: City of Wylie Youth Programs consisting of the
Wylie Wave Summer Youth Program and future youth programs.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Wylie Youth Programs.
F. Director: City of Wylie Public Services Director or his or her designee.
G. Assistant Superintendent: City of Wylie Parks and Recreation Department full-
time employee who has been assigned administrative oversight responsibility for
the City's Youth Programs.
H. Program Coordinator: City of Wylie Parks and Recreation Department full-time
Recreation Supervisor has been assigned administrative responsibility for the
Wylie Wave Summer Youth Program.
I. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie
Parks and Recreation Department seasonal part-time employees who have been
assigned responsibility to implement the City's Youth Programs.
J. Program Site: Area and facilities where Wylie Youth Programs are held
consisting of a Wylie Independent School District (W.I.S.D.) facility (i.e.
McMillan Jr. High) or City of Wylie properties.
K. Participant: A youth whose parent(s) have completed all required registration
procedures and who is determined to be eligible for a Wylie Youth Program.
L. Parent(s)/Legal Guardian: This term will be used to represent one or both
parent(s) or adults who have legal custody and authority to enroll their child (ren)
in the Wylie Youth Programs.
M. Employee(s): Term used to describe people who have been hired to work for the
City of Wylie and have been assigned responsibility for managing, administering,
or implementing some portions of the Wylie Youth Programs.
7
3. Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Supervisor of each
Program to confirm the Standards of Care are being adhered to.
(1) Inspection reports will be sent to the Assistant Superintendent for review
and kept on record for at least two years.
(2) The Assistant Superintendent will review the report and establish
deadlines and criteria for compliance with the Standards of Care.
B. The Assistant Superintendent will make visual inspections of the Program based
on the following schedule:
The Wylie Summer Youth Program will be inspected twice during its
summer schedule.
C. Complaints regarding enforcement of the Standards of Care will be directed to the
Coordinator. The Coordinator will be responsible to take the necessary steps to
resolve the problems. The Assistant Superintendent will record complaints
regarding enforcement of the Standards of Care and their resolution. Serious
complaints regarding enforcement of the Standards of Care will be addressed by
the Director of Public Services (or their designee) and the complaint and the
resolution will be noted.
D. The Assistant Superintendent will make an annual report to the City Council on
the overall status of the Youth Programs and their operation relative to
compliance with the adopted Standards of Care.
4. Enrollment
A. Before a child can be enrolled, a parent/legal guardian must sign registration
forms that contain the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program hours;
(3) the names and telephone numbers of people to whom the child can be
released;
(4) a statement of the child's special issues or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
3
(7) a liability waiver.
5. Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
6. Youth Program Coordinator("Coordinator") Qualifications
A. Coordinators will be full-time, professional employees of the Wylie Parks and
Recreation Department and will be required to have all Program Leader
qualifications as outlined in Section 7 of this document.
B. Coordinators must be at least 21 years old.
C. Coordinators must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation;
(2) Physical Education; or
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment.
D. Coordinators must have two years experience planning and implementing
recreational activities.
E. Coordinators must pass a background investigation including testing for illegal
substances.
F. Coordinators must have successfully completed a course in first aid and Cardio
Pulmonary Resuscitation(CPR) based on either American Heart Association or
American Red Cross standards.
G. Coordinator must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
7. Coordinator's Responsibilities
A. Coordinators are responsible to recommend for hire, supervise, and evaluate the
Site Supervisor, Asst. Site Supervisors and Program Leaders.
B. Coordinators are responsible to plan, implement, and evaluate programs.
4
8. Youth Program Site Supervisor/Assistant Site Supervisor/Program Leader("Leader")
Qualifications:
A. Leaders will be part-time or temporary employees of the Parks and Recreation
Department.
B. Leaders working with children must be age 16 or older; however, each site will
have at least one employee 18 years old or older present at all times.
C. Leaders should be able to consistently exhibit competency, good judgement, and
self-control when working with children.
D. Leaders must relate to children, parents, co-workers, supervisors, and the general
public with courtesy, respect, tolerance, and patience.
E. Leaders must have successfully completed a course in first aid and CPR based on
either American Heart Association or American Red Cross standards. An
exception can be made for no more than one staff person at each site, and that
person shall successfully complete a first aid and CPR course within four weeks
of starting work.
F. Leaders must pass a background investigation including testing for illegal
substances.
G. Leaders must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
9. Leader Responsibilities
A. The Site Supervisor is responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Leaders will be responsible to provide participants with an environment in which
they can feel safe, can enjoy wholesome recreation activities, and can participate
in appropriate social opportunities with their peers.
C. Leaders will be responsible to know and follow all City, Departmental, and
Program standards, policies, and procedures that apply to Wylie Youth Programs.
D. Leaders must ensure that participants are released only to a parent or an adult
designated by the parent. All Program sites will have a copy of the Department
approved plan to verify the identity of a person authorized to pick up a participant
if that person is not known to the Leader.
5
10. Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities.
Coordinators will provide each Leader with a Program manual specific to each
Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
11. Staff-Participant Ratio
A. In a Wylie Youth Program, the standard ratio of participants to Leaders will be 20
to 1. In the event a Leader is unable to report to the Program site, a replacement
will be assigned.
B. Each participant shall have a Program employee who is responsible for him or her
and who is aware of the participant's habits, interests, and any special issues as
identified by the participant's parent/legal guardian during the registration
process.
12. Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
6
D. As necessary, Program employees will initiate discipline reports to the
parent/legal guardian(s) of participants. Parent/legal guardian(s) will be asked to
sign discipline reports to indicate they have been advised about specific problems
or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
13. Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate to
participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide that indoor and outdoor time periods
include:
(1) alternating active and passive activities;
(2) opportunity for individual and group activities; and
(3) outdoor time each day weather permits.
C. Program employees will be attentive and considerate of the participants' safety on
field trips and during any transportation provided by the Program.
(1) During trips, Program employees supervising participants must have
immediate access to emergency medical forms and emergency contact
information for each participant.
(2) Program employees must have a written list of the participants in the
group and must check the roll frequently.
(3) Program employees must have first aid supplies and a guide to first aid
and emergency care available on field trips.
14. Communication
A. Each Program site will have a cell phone to allow the site to be contacted by City
personnel, and each site will have access to a telephone for use in contacting the
City personnel or making emergency calls.
7
B. The Program Site Supervisor will post the following telephone numbers adjacent
to a telephone accessible to all Program employees at each site:
(1) Wylie emergency medical services and police department.
(2) Numbers at which parents/staff may be reached; and
(3) The telephone number for the site itself.
15. Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation foiin, completed by the parent/legal guardian of the participant
must be filed with the Program Site Supervisor.
B. First aid supplies and a first aid and emergency care guide will be available in all
Program vehicles that transport children.
C. Program equipment and supplies must be safe for the participants' use.
FACILITY STANDARDS
16. Safety
A. Program employees will inspect Program sites daily to detect sanitation and safety
concerns that might affect the health and safety of the participants. A daily
inspection report will be completed by Program employees and kept on file by the
Coordinator.
B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned,
repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have first aid supplies and a first aid and emergency
care guide readily available to staff at each site, during transportation to an off-
site activity, and for the duration of any off-site activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at Program sites must be constructed of durable, lightweight,
relatively pliable material.
8
H. Program employees must have first aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to first aid and emergency care.
17. Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program employees'
first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshall,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Assistant Superintendent who will review and establish
deadlines and criteria for compliance. Information from this report will be
included in the Assistant Superintendent's annual report to the Council.
C. Each Program site must have at least one fire extinguisher approved by the Fire
Marshal readily available to all Program employees.
D. Fire drills will be initiated at Program sites based on the following schedule:
(1) Wylie Wave Summer Youth Program: A fire drill twice during the
session.
18. Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
participants with symptoms of an acute illness or injured participants as
specified in the Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent/Legal Guardian(s) complete and sign a medication form that
provides authorization for staff to dispense medication with details as to
time and dosages. The form will include a hold harmless clause to protect
the City.
9
(2) Prescription medications are in the original containers labeled with the
child's name, date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are labeled with the child's name and the
date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
No injections will be administered by the Program employees.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so children
can use them independently and Program staff can supervise as needed.
(2) There must be one flush toilet for every 30 children. Urinals may be
counted in the ratio of toilets to children, but they must not exceed 50% of
the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Commission on Environmental Quality mission for
drinking water and ensure that it will be supplied to the participants in a
safe and sanitary manner.
(3) Program employees must see that garbage is removed from buildings
daily.
it)
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 3
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code:
Date Prepared: February 5, 2008 Budgeted Amount:
Exhibits: Two
Subject
Consider, and act upon, Ordinance No. 2008-06 amending Ordinance No. 2007-29 (2007-2008 Budget) and
approving an appropriation of funds, in the amount of $212,073.03, for the revised final statement of cost for
the extension of SH 78 from Eubanks to Spring Creek.
Recommendation
Motion to approve Ordinance No. 2008-06 amending Ordinance No. 2007-29 (2007-2008 Budget) and
approving an appropriation of funds, in the amount of $212,073.03, for the revised final statement of cost for
the extension of SH 78 from Eubanks to Spring Creek.
Discussion
On September 24, 2002, Council approved a Master Advance Funding Agreement (MAFA) with TxDOT for
the extension of SH 78 from Eubanks Lane to Spring Creek Parkway. Also, a Local Project Advance Funding
Agreement (LPAFA) was approved on June 8, 2004 for the project. The MAFA contains statewide contract
standards generally agreeable to all cities and the LPAFA contains project specific provisions.
The SH 78 extension project was completed by Site Concrete and accepted by TxDOT in 2006. In April of
2007 TxDOT completed the final audit of the project and requested an additional $248,478.15 from the City of
Wylie per the terms of the LPAFA. Staff objected to the calculation of the mobilization as a percentage of the
total cost of the project. After review by TxDOT, they agreed to lower the mobilization cost resulting in a final
payment of$212,073,03.
Approved By
Initial Date
Department Director CH 1/30/08
City Manager ll\1
Page 1 of 1
ORDINANCE NO. 2008-06
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN
APPROPRIATION OF FUNDS IN THE AMOUNT OF TWO HUNDRED
TWELVE THOUSAND AND SEVENTY THREE DOLLARS AND THREE
CENTS ($212,073.03) FOR FINAL PAYMENT TO TXDOT FOR THE
EXTENSION OF SH 78 FROM EUBANKS LANE TO SPRING CREEK
PARKWAY; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated
and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the
2007-2008 budget adopted by Ordinance No. 2007-29 for the purpose of a final payment to
TxDOT for the extension SH 78 from Eubanks Lane to Spring Creek Parkway.
WHEREAS, the City Council has further investigated and determined that such an
appropriation supports and furthers the City's goals of providing transportation infrastructure for
the citizens of the City of Wylie; and
WHEREAS, the City Council has further investigated and determined that it will be
beneficial and advantageous to the citizens of Wylie to amend the 2007-2008 budget by adopting
Ordinance No. 2008-06 for the purpose of providing for this additional appropriation.
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 Ordinance No. 2007-29 (2007-2008 Budget). Ordinance
No. 2007-29 (2007-2008 Budget) is hereby amended to allow for the following appropriation:
That Two Hundred Twelve Thousand and Seventy Three dollars and Three
Centers ($212,073.03) be expended for the purpose of a final payment to TxDot
for the extension of SH 78;
SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution
for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of conflicting ordinances shall remain in full force and effect.
Ordinance No.2008-06
Ordinance Amending 2007-2008 BUDGET
Final Payment to TxDOT for the
Extension of SH 78
Page 1
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on thisl2th day of February, 2008.
John Mondy, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Ordinance No.2008-06
Ordinance Amending 2007-2008 BUDGET
Final Payment to TxDOT for the
Extension of SH 78
Page 2
Ar Texas Department of Transportation
P.O. BOX 133067•DALLAS,TEXAS 75313-3067•(214)320-6100
January 8, 2008
CSJ: 0281-02-048
SH 78 From FM 544 to East of Eubanks Street
Can County
Revised Final Statement of Cost
Ms. Mindy Manson
Assistant City Manager
Planning Director
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Dear Ms. Manson,
Please disregard our previous letters dated April 17, June 13, and August 3, 2007.
Upon further review and discussions with Chris Hoisted, the total amount owed by the
City of Wylie was modified. The total owed was reduced by the mobilization charged on
change orders (with the exception of CO #8) which already had mobilization costs
included in the price by the contractor.
The above captioned project has been completed and accepted by the State. in
accordance with the terms of the agreement negotiated with the State, the City of Wylie
placed a total of $3,676,894.67 as advanced payments to cover its share of the
estimated costs associated with the construction of this project. Final auditing by this
office revealed additional funds due to TxDOT.
Attached is your final Statement of Cost amounting to $3,888,967.70 leaving a deficit of
$212,073.03. Please remit a check made payable to the Texas Department of
Transportation in the amount of$212,073.03 within thirty days from receipt of this letter.
If you have any questions, please contact Kelly Davis at 214-320-4424.
Sincerely, �.
Moosa Saghian, P.E.
Director of Contract Administration
Dallas District
KDD
Attachment
cc: Williams
Contracts
An Equal Opportunity Employer
STATEMENT OF COST
City of Wylie
PRELIMINARY CONSTRUCTION
PROJECT ENGINEERING CONSTRUCTION ENGINEERING TOTAL
STP 2001(589)MM
0281-02-048 $ 3,651,380.31 $ 237,587.39 $ 3,888,967.70
$ - $ 3,651,380.31 $ 237,587.39 $ 3,888,967.70
% Participation
Preliminary Engineering Portion Funded by Entity 0.00% $ -
Construction Portion Funded by Entity 100.00% $ 3,651,380.31
Construction Engineering Portion Funded by Entity 100.00% $ 237,587.39
Indirect Costs Funded by Entity 0.00% $ -
Total Amount Chargeable to Entity $ 3,888,967.70
Amount Chargeable $ 3,888,967.70
Less: Advanced Cash Payments $ 3,676,894.67
Amount Due from the Local Entity $ 212,073.03
Certified Cor illV 0 7
Signature: )11a4-1...17PCZ'Z49 � /j r
Paul Williams Date
Dallas Northeast Area Office
•
Prepared by: /'l •(� /,� 0(
Signature: r,L'- ..' /tl ., i /7 ✓ U
Kelly D. Dayi's / Date
Program Specialist
CSJ 0281-02-048 City of Wylie Charges
Item ifs Off of MIS.CIS.04 report CO#8 0100* 70,000.00 0618* 5,019.61 0677* 10,470.00
0104* 29,203.76 0618* 669.24 0678* 1,950.00
0110* 65,365.00 0618' 5,426.40 0678* 880.62
CO#1 9001* 219,100.00 219,100.00 0132* 7,255.00 0618' 672.00 0678' 1,968.68
CO#3 9003' 341,472.55 341,472.55 0168' 3,120.00 0620' 330.48 0678* 251.22
0260' 66,316.98 0620' 284.80 0678* 441.00
CO#10 0162' 2,878.49 0260' 68,778.99 0620* 885.40 0880* 21,000.00
0400' 5,957.08 0305* 59,958.28 0620* 70.00 0681* 47,250.00
0536* 4,352.16 0360' 12,384.60 0624' 5,775.00 0682* 5,104.00
0818* 9,175.00 0360* 905,806.80 0624* 2,312.00 0682` 1,136.00
5005* 1,350.00 0360* 193,569.12 0628* 2,520.00 0682' 504.00
23,712.73 0402* 3,309.00 0656* 7,124.00 0682* 273.00
0462' 395.38 0656' 1,228.50 0684' 6,676.95
CO#11 0.00 0462* 38,500.00 0662* 13,540.00 0684* 516.60
0464* 66,002.40 0662* 14,320.00 0684* 663.39
CO#12 '9012 5,975.00 0464* 20,079.36 0666* 1,768.20 0684* 1,416.00
*9012 2,150.00 0464* 25,594.64 0666* 378.00 0686* 8,400.00
8,125.00 0464' 95,200.58 0666' 2,557.23 0686* 9,660.00
0464' 33,404.80 0666' 4,335.00 0688* 800.00
CO#13 '0512 26,690.00 26,690.00 0465* 50,120.00 0666* 919.02 0688' 11,409.72
0465* 3,900.00 0666* 1,575.00 1027* 70,654.06
CO#18 0644* 3,152.00 0465' 35,595.00 0666* 2,450.25 3146* 39,868.20
0644* 3,465.00 0465* 6,300.00 0666* 1,010.40 3146' 349,150.31
6,617.00 0496* 5,400.00 0666* 201.60 5249* 7,953.00
0496* 15,000.00 0666* 1,197.69 5249' 2,651.00
CO#20 9020* 37,260.01 37,260.01 0500' 164,960.00 0666* 1,972.50 5866* 4,600.00
0502' 40,000.00 0666' 418.17 6955* 1,512.00
CO#21 0666* 118.50 0508' 14,388.80 0666' 441.00 6955' 1,572.00
2,866.88 0512' 30,336.50 0666* 985.25 6955' 2,712.00
55.50 0530' 61,854.12 0672' 194.37 6955` 484.00
1,304.48 0672' 252.34 6955* 700.00
8230* 1,280.00
4,345.36 B288* 3,675.00
Sub-Total of CO's(excl CO#8) 667,322.65 5.00
CO#8 2,984,057.66 (Mobilization Ind&Barricades incl) 8288* 6 8288• 673.00
Total Const Costs for LG 3,651,380.31 9008* 77,263.85
9008* 14,500.00
CO#8 2,984,057.66
%..EBC=Total Local/Total Project=
3,651,380.31/15,007,888.31
24.3%
Total E&C for City of Wylie=
Total 310-390*24.5%=
976,530.71*24.5%
237,587.39
•
MIS.CIS.04 CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02-048 PROD STP 2001(589)MM PAGE 006
• ITEM DESCRIPTION UNIT ESTIMATED WORK DONE CONTRACT AMOUNT
ND. QUANTITIES ON CONTRACT PRICE($) (5) •
8288 ANTENNA (UNIDIRECTIONAL) EA 2.000 2.000 683.000 1,366.00
8288 COAXIAL CABLE LF 162.000 162.000 2.100 340.20
* ITEMS ADDED IN ACCORDANCE WITH STANDARD SPECIFICATIONS OR BY SUPPLEMENTAL AGREEMENTS
0100* PREP ROW STA 35.000 35.000. 2,000.000 70,000.00
0104* REMOV CONC (PAV) SY 3,593.800 3,650.470 8.000 . 29,203.76
0110* EXCAVATION (RDWY) CY 13,073.000 13,073.000 5.000 - 65,365.00
0132* - EMBANK (DENS CONT) (TY C) (CL
CY 2,902.000 2,902..000 2.500 7,255.00
0162* BLOCK SODDING SY 1,000.000 1,279.330- 2.250 2,878.49
0168* VEGETATIVE WATERING MG . 375.400 195.000 16.000 3,120.00
0260* LIME TREAT SUBGR (Dc) (12") SY 28,514.000 26,526.790 2.500 66,316.98
0260* LIMB (TY A(SLRY),TY B OR TY I
•C(SLRY) TON 758.000 764.211 90.000 68,778.99
0305* SALV, HAUL F. STKPL RCLM PAV
(VAR DPTH) SY 6,231.000 13,206.670 4.540 59,958.28
0360* MONO CURB (TY 1) LF 10,858.000 10,320.500 1.200 12,384.60
0360* CONC PAV (CONT REINF) (9") SY 25,823.000 26,704.210 33.920 905,806.80 •
0360* CONC PAV (CONT REINF)
(9") (CL K) SY 4,000.000 6,090.910, 31.780 193,569.12
0360* ADJ EST QUANTITY TO DATE 6,081.980
0400* STRUCT EXCAV CY 4,934.950 5,180.070 1.150 5,957.08
0402* TRENCH EXCAV PROTECTION I.? 4,488.000 4,412.000 .750 - 3,309.00
0462* CONC BOX CDLV (4 FT X 3 FT) LF • 2.000 2.000 197.690 395.38
0462* CONC BOX CDLV (7 FT X 3 FT) LF 154.000 - 154.000 250.000 38,500.00
0464* RC PIPE (CL III) (18 ") LF 1,604.000 1,854.000 35.600 66,002.40
0464* RC PIPE (CL III) (24 ") LF 736.000 -448.000 44.820 20,079.36
0464* RC PIPE (CL III) (30 IN) LF 463.000 463.000 55.280 25,594.64
0464* RC PIPS (CL III) (36 IN) . LF 1,393.000 1,343.000• 69.060 96,200.58
0464* RC PIPE (CL III) (48 IN) LF 292.000 292.000 114.400 33,404.80
0465* INLET (COMPL) (TY I) EA 21.000 20.000 2,506.000 50,120.00
0465* MANE (COMPL) (TY 1) EA 1.000 1.000 3,900.000 3,900.00
0465* INLET EXT (TY I) EA 34.000 35.000 1,017.000 35,595.00
0465* INLET (COMPL) (TY C 3 GRATE) EA 3.000 3.000 2,100.000 6,300.00
0496* REMOV OLD STR (SMALL) EA 18.000 18.000 300.000 5,400.00
0496* REMOV OLD STR (LARGE) (BOX •
CDLV) EA 1.000 1.00(1 15,000.000 15,000.00
0500* MOBILIZATION LS 1.000 1.000 164,960.000 164,960.00
0502* BARRICADES, SIGNS AND TRAP
HANDLE MO 6.000 8.000 5,000.000 40,000.00
0502* ADJ REP QUANTITY TO DATE 8.000'
•
i _ 7a >Gzez-- .350,z3
MIS.CIS.04 CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02--048 PROJ STP 2001(589)MM PAGE 007
ITEM DESCRIPTION. UNIT ESTIMATED WORK DONE CONTRACT AMOUNT
. QUANTITIES ON CONTRACT PRICE($) ($)
0508* CONSTRUCT-DETOURS (CL 3) , SY 3,455.000 359.720 • 40.000 14,388.80
0512* PORT CONC TRAP •
BAR(STKPL,INSTL & RETRN) LF 1,300.000 1,570.000 17.000 26,690.00
0512* PORT CONC TRAP BAR (MOVE & -
i RESET) LF 1,700.000 7,310.000 4.150 30,336.50
0530*' - DRVWYS (CONC) (6 7) SY 1,427.600 1,627..740 38.000 61,854.12
_.0538* CONC MEDIAN SY 40.000 90.670 48.000 4,352.16
40.5b10" PROJECT MAINT (MOWING) HR 30.000 53.000 120.-000 6,360.00
_0'5804' PROJECT MAINT (LITTER
PICKUP) HR 50.000 39.000 90.000 3,510.00
"$b8-0 PROJECT MAINT (SWEEPING) HR 20.000 126.000 220.000 27,720.00
•
0618* CONDUIT (PVC) (SCHD 40) (2 ") LF 911.000 911.000 5.510 5,019.61
0618* CONDUIT (PVC) (SCEDD 40) (3 ") LF 117.000 117.000 5.720 669.24
0618* CONDUIT (PVC) (SCUD 40) (4 ") LF 1,388.000 1,468.000 6.250 9,175.00
0618* CONDUIT (PVC) (SCHD .40) (3
") (BORE) LF 304.000 304.000 17.850 5,426.40
0618* - CONDUIT (PVC) (ECHO 40) (1 ") LF 128.000 128.000 CONDUCTOR -OM.
330.48
50 672.00
0620* ELEC CONDUCTOR •( . 8) BARE LF 486.000 486.000
0620* ELEC CONDUCTOR (NO. 12)
INSULATED LF 320.000 320.000 .890 284.80
0620* ELEC CONDUCTOR (NO. 8)
LF 932.000 932.000 .950 885.40
INSULATED0620* ELEC CONDUCTOR (NO. 6)INSULATED1.000 70.00
• LF 70.000 70.000
0624* GROUND BOX TY A (122311)
• W/APRON EA 11.000 11.000 525.000 5,775.00
0624* GROUND BOX TY C (162911)
W/APRON EA 4.000 4.000 578.000 2,312.00
0628* -. ELC SRV TY T(120/240)000
(NS)GS(E)GC(0) EA 1.000 1.000 2,520.000 2,520.00
,.p,(rl•44, SMALL RDSD SGN ASSM (TY A) EA
2.000 2.000 394.000 . 788.00
/Qs.,. __ e0644* SM RD SGN ASSM TY 15.000 14.000 394.000 5,516.00 /,J oZ Iv
10BWO(1)SA(P) RA
=8 SM RD SON ABSM TY EA 9.000 7.000 506.000 3,542.00 /
SM RD(1)SA SSN ,e% r/ S /c...1
�° ...y. 1OBWG( ON 1))SS (T) TY EA 26.000 • 29.000 495.000 14,355.00
006,o... SM RD SON ASSM TY 10BWD(1)SA(U) 2.000 2.000 535.000 1,070.00
0656* FND FOR TRAP SIG'` (36 IN DRIL
SHFT) LF 52.000 52.000 137.000 7,124.00
0656* TRAP RIO CNTRL VND CY - 1.300 1.300 945.000 1,228.50 -
MIS.CIS.04 CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02-048 PROD STP 2001(589)MM PAGE 008
ITEM DESCRIPTION UNIT ESTIMATED WORK DONE CONTRACT AMOUNT
NO. QUANTITIES ON CONTRACT PRICE($) ($)
0662* WRit ZN PAV MRK REMOV (W)(4 ) (SLD} LP 6,910.000 13,540.000 1.000 13,540.00
0662* WRK ZN PAV MRK REMOV (Y)(4 ) (SLD) LF 3,560.000 14,320.000 1.000 14,320.00
0666* REEL PAY NRK TY I (W) (4")
(811D) LF 6,160.000 6,315.000 .280 1,768.20
0666* REEL PAV MRK TY I (W) (4') - .
(BRK) LF- 1,150.000 1,260.000 .300 378.00
0666* REEL PAV-MRK TY I (W) (8')
(SLD) LF 1,990.000 3,237.000 .790 2,557.23
0666* REEL PAV MRK TY I (W) (12')
(SLD) LF 760.000 750.000 5.780 4,335.00
0666* REFL PAV MRK TY I (W) (24")
(SLD) LF 157.000 159.000 5.780 919.02
0666* REEL PAV MAX TY I (W)
(ARROW) EA 10.000 12.000 131.250 1;575.00
0666* REEL PAV MRK TY I (Y) (4")
(SLD) LF 7,365.000 7,425.000. .330 2,450.25
0666* REFL PAY MRK TY I (Y) (8") .790 118.50
(SLD) LF 150.000 150.000i
0666* REEL PAV MRK TY I (Y) (12")
(SLD) LF 496.000 496.000 5.780 2,866.88
0666* REFL PAV MRK TY II (W) (4")
(SLD) LF 6,160.000 6,315.000 .160 1,010.40
0666* REEL PAV MEN TY II (W) (4")
(BEN) LF 1,150.000 1,260.000 .160 201.60
0666* REEL PAV MRK TY II (W) (8"}(SLD) LF 1,990.000 3,237.000 .370 1,197.69
0666* REEL PAV ERN TY II (W) (12") •
(SLD) LF 760.000 750.000 2.630 1,972.50
0666* REEL PAV MRK TY II (W) (24")
(51,1)) LF 157.000 159.000 2.630 418.17
0666* REEL PAV MRK TY-II (W)
EA 10.000 12.000' 36.750 441.00
0666* REEL PAVMRK TY II (Y) (4")(SLD) LF 7,365.000 7,425.000 .130 965.25
0666* REEL PAV MAK 4'Y II. (Y) (8')(SLD) LF 150.000 150.000 .370 55.50
0666* REEL PAV MRK TY II (Y) (12")
(SLD) LF 496.000 496.000 2.630 1,304.48
•
i
.I
MIS.CIS.04. CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02-048 PROJ STP 2001(589)MM
PAGE 009
ITEM DESCRIPTION UNIT ESTIMATED WORK DONE CONTRACT AMOUNT .
NO QUANTITIES ON CONTRACT PRICE($) . ($)
0672* RAIS PAV MRKR CL B (REFL) TY
I-C RA 57.000 57.000 3.410 194.37
•
0672* RATS PAV MRKR CL B (REFL) TY SA 74.000 74.000 3.410 252.34
II-A-A
0677* ELM EXT PAV MRK & MRKR (4") LF 10,470.000 10,470.000 1.000 0,470. 0 •
0678* PAV SURF PREP FOR MRRS
(BLAST cLN) (4") LF 14,715.000 15,000.000 .130 1,950.00
067.8* . PAV SURF PREP FOR MRRS LF _ 1,990.000 3,387.000 .260 880.62
(BLAST CTN} (8")
0678* PAV SURF PREP FOR MRKS LF 760.000 1,246.000 1.580 1,968.68
(BLAST CLN) (12")
0678* PAV SURF PREP FOR MRKS(BLAST CLN) (24") LF 157.006 159.000 1.580 251.22
0678* PAV SURF PREP FOR MRKS 441.00
(BLAST CLN) (ARW) .EA 10.000 12.000 36.750
0680* INSTAL OF HWY TRAF SIG •
(ISOLATED) EA 1.000 1.000 21,000.000 21,000.00
0681* TEMP TRAP SIGNALS FOR 1.000 1.000 47,250.000 47,250.00
CONSTRUCTION Eh-0682* -V8B SIG SEC (12 IN) EA 44.000 44.000 116.000 5,104.00
0682* PED SIG SEC (2 INDICATIONS 8.000 142.000 1,136.00
IN 1 SRC) EA 8.000 63.000 136.00
0682* BACK PLATS (3 SEC) (12 IN) EA 8.000 8.000273.00
0682* BACK PLATE (5 SEC) (12 IN) EA 4.000 4.000 68.250
0684* TRAP SIG CBL (Ty C) (2 CONDR) (18 AWG) LF 6,359.000 6,359.000 1.050 6,676.95
0684* TRAP SIG CBL (TY A) (7 CONDR) (14 AWG) LF 246.000 246.000 2.100 516.60
0684* TRAF SIG CBL (TY A) (5 CONDR) (14 AWG) LF • 351.000 351.000 1.890 663.39
- 0684* TRAP SIG CBL (TY A) (16 CONDR) (14 AWG) LF 600.000 600.000 2.360 1,416.00
0686* TRAP SIG POLE ASM (STL)1 2.000 2.000 4,200.000 8,400.00
ARM(40 FT)LUNt BA I
0686* TRAP SIG POLE ASM (STL)1 uM EA 2.000 2.000 4,830.000 9,660.00
ARM(44
DETECT
DETECT (PUSH4 EC DETECT (SAWCUT) EA 8.000 8.000 100.000 800.00
0688* EH
0688* LP 1,974.000 1,974.000 5.780 11,409.72
1027* COMPMANS TPSL (PB) (CL
2) (4") 22,131.000 21,739.710 3.250 70,654.06
SY
1 .
MIS.CIS.04 CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02-048 PROD STP 2001(589)MM • PAGE 010
ITEM DESCRIPTION UNIT ESTIMATED WORK DONE CONTRACT AMOUNT
NO.. QUANTITIES ON CONTRACT PRICE($) ($)
3146* HOT MIX (TY C) (SURF) (PG
76-22) TON 556.800 664.470 60.000 39,868.20
3146* HOT MIX (TY B) (BASE) (PG
76-22) TON 8,566.500 9,835.220 35.500 349,150.31
3146* ADO' EST QUANTITY TO DATE 10,014.240
5005* ROCK FILTER DAMS (TY 1) CY 40.000 45.000• • 30.000 1,350.00
5249* TEMP SEDMT CONT FENCE LF 5,948.000 5,302.000 1.500 7,953.00
5249* TEMP SEDMT CONT FENCE(REMO T) L8 5,948.000 5,302.000 .500 2,651.00
5866* CURB RAMP AND LANDING (TY 8) EA 8.000 8.000 575.000 4,600.00
6955* 12 INCH LED TRAF SIGNAL LAMP
(RED) EA 12.000 12.000 126.000 1,512.00
6955* 12 INCH LED TRAF SIGNAL TAMP
(YELLOW) EA 12.000 12.000 131.000 1,572.00
6955* 12 INCH LED TRAP SIGNAL LAMP
(GREEN) SA 12.000 12.000 • 226.000 2,712.00
6955* 12 INCH LED TRAP SIGNAL LAMP(YEL ARW) NA 4.000 4.000 121.000 484.00
6955* 12 INCH LED TRAP SIGNAL LAMP CORN ARM) EA 4.000 4.000 175.000 700.00
8230* LED PED BIG LAMP(SYMB) (2 8.000 8.000 160.000 •
1,280.00 •
IPREA SEC) 1.000 1.000 3,675.000 3,675.00
8288* SPREAD SPECTRUM RADIO EA
8288* ANTENNA (UNIDIRECTIONAL) EA 1.000 1.000 683.000 683.00
8288* COAXIAL CABLE LF 55.000 55.000 . 2.100 115.50
1,1141* TRANSPORTABLE CELLULAR
TELEPHONES BA 40,000.000 29,330.870 1.000 29,330.87
9001* RELOCATE MAIN WATER LINE (CO
#1) LS 1.000 1.000 219,100.000 219,100.00
9003* RELOC REMAIN WATER & SEWER
LINES CO #3 LS 1.000 1.000 341,472.550 341,472.55
9 " TEMP SHORING Q BOX CULVERTS
(CO #4) " SF 1,920.270 2,385.500 26.000 62,023.00
4$80c ADDITIONAL ASPHALT DETOUR
(CO #6) LS 1.000 1.000 125,841.640 125,841.64
9008* WATER AND SEWER RELOCATION " LS 1.000 .500 154,527.700 77,263.85
9008* WINGWAL1 (SW@0) (HW=SPECIAL) EA 1.000 1.000 14,500.000 14,500.00
• 9012* BALLARD AVENUE UTILITY WORK
(CO #12) LS 1.000 1.000 5,975.000 5,975.00
9012* BIRMINGHAM UTILITY WORK (CO
#12) LS 1.000 1.000 2,150.000 2,150.00•
,
.
MIS.CIS.04 CONSTRUCTION ESTIMATE COMBINED CSJ 0281-02-048 PROJ STP 2001(589)MM
PAGE 011
ITEM DESCRIPTION UNIT � K DON
E CONTRACT
RCAMOUNT
NO. ESTIMATED
CONTRACT CO { )
`= ' VERIZON UTILITY DELAY LS 1.000 1.000 776,309.900 776,309.90
COMPENSATION
9020* RETAINING WALL & SIDEWALK(CO #20) SP 1,211.000 1,224.450 30.430 37,260.01
,tea QCQA HOT MIX PRODUCTIONBONU 000 1.000 1,755.00755
1, .LS 5,000.000 5,133.980- 1.000 5,133.98
- *— QCQA SfiOT MIX PLACEMENT BONUS LS5,000.000 -
PENALTY LS 5,000.000 389.810
QCQA HOT MIX PLACEMENT 1.000 —389.81
SUBTOTAL BID ITEMS $ 13,564,063.05
CONTRACT TOTAL ALL ITEMS $ 13,564,063.05
Air Texas Department of Transportation
P.O. BOX 133067 • DALLAS,TEXAS 75313-3067 • (214) 320-6100
September 5, 2002
Mr. Anthony Johnson
City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: Master Advance Funding Agreement
Dear Mr. Johnson:
Please find enclosed two (2) original, standardized Master Advance Funding Agreements (MAFA)
and samples of a Local Project Advance Funding Agreement (LPAFA) and a City Council
Resolution adopting the MAFA for your use and information. The two (2) original MAFA s are to be
signed and return, along with the City of Wylie's resolution authorizing the MAFA, to the Dallas
District for final execution.
Until recently, TxDOT did not have a standard agreement with Local Governments. Each district had
developed its own agreement format and each local government would modify the format to meet the
needs of each project. There were many contract elements common to each project and where the
contract elements did vary, these variations tend to include project specifications and project funding
arrangements. For consistency, the Contract Services Office designed two standard agreements for
use by TxDOT and Local Governments. The MAFA contains statewide contract standards generally
agreeable to all cities and counties, and the LPAFA contains provisions related only to the local
project needs.
The MAFA will need to be approved only one time. A spreadsheet of funding categories under the
MAFA is included as an attachment to the MAFA. Exceptions to the MAFA or exceptions to the
LPAFA may be also addressed by specific amendments. The LPAFA is for routine projects.
The MAFA has two other unique features, in addition to setting a statewide standard. The MAFA
can be "amended by notice" from the State to the Local Government to implement changes in law or
rule. These amendments will only be available to "future" local projects. If a Local Government
does not wish to comply with a proposed amendment, it may give the State notice and negotiations
concerning the proposed change will ensue. If the Local Government does not oppose the
amendment (to reflect new law or rule) the changes will become effective.
An Equal Opportunity Employer
Master Advance Funding Agreement—Page 2
The MAFA provides for an electronic contract at that point in time when the parties can comply with
the rules of the Texas State Library and Archives Commission under Texas Government Code
441.189, which allows all State records to be kept in an electronic format when implemented under
the rules. We hope through this provision to make the agreement available statewide"on-line" a
development that will allow all contracting officers' access to the MAFA.
Other than "amendment by notice" and the provision for electronic contracts, there are no material
changes in the MAFA/LPFA combined contract that are not already included in each existing project
agreement in one way or another. This is really a reorganization of information that will highlight the
local project's implementation needs and standardize the broader program requirements.
The benefits of adopting this format are:
1. To vastly reduced the amount of contract paperwork produced by Local Government and
TxDOT.
2. To allow for speedy expedition of local projects.
3. To allow the project's focus to be on the scope of work and the funding responsibilities which
can result in better project management without compromising contract provisions related to
broad policy issues.
4. To have a common contract among Local Governments under the Dallas District's
jurisdiction.
5. To have a common contract system that may be efficiently modified controlled and audited by
both TxDOT and the Local Governments.
If you have any questions or require additional information, please call Polita Flemming at 214-320-
4433.
Sincerely,
Moosa Saghian, P.E.
Director of Administration
Attachments:
Master Advance Funding Agreements (2 originals)
City Council Resolution (Sample)
Local Project Advance Funding Agreement (Sample)
RRP
CC: McClure (w/o)
Contracts File
STATE OF TEXAS §
COUNTY OF TRAVIS §
MASTER AGREEMENT
GOVERNING
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENTS
THIS MASTER AGREEMENT (MAFA) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation hereinafter called the "State", and the City of Wylie,
acting by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et
seq., authorize transportation programs to meet the challenges of protecting and enhancing
communities and the natural environment and advancing the nation's economic growth and
competitiveness; and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements
to implement its public purposes; and
WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the
States' Transportation Agencies to develop transportation plans and programs for urbanized areas of
the State; and
WHEREAS, the Texas Transportation Code, Sections 201 .103 and 222.052 establish that the State
shall design, construct and operate a system of highways in cooperation with local governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the governing terms of this Master Agreement will provide for efficient and effective
contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in
Attachment A; and,
WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or
stored electronically in accordance with standards and procedures adopted as administrative rules of
the Texas State Library and Archives Commission; and
WHEREAS, the Governing Body of the Local Government has approved entering into this Master
Agreement by resolution or ordinance, which is attached hereto and made a part of this Master
Agreement as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
Page 1 of 14
AGREEMENT
1. Period of the Agreements
This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to
this Master Agreement become effective when signed by the last party whose signing makes the
respective agreements fully executed. This Master Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Master Agreement
This agreement may be terminated by any of the following conditions:
a. by mutual written consent and agreement of all parties.
b. by any party with 90 days written notice. If this Master Agreement is terminated under this
clause, all existing, fully executed LPAFAs made under this Master Agreement shall
automatically incorporate all the provisions of this Master Agreement.
c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this
Master Agreement.
3. Termination of the Local Project Advance Funding Agreement (LPAFA)
An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless:
a. the agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Master Agreement or a breach of the Local Project Advance
Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the
breaching party.
c. After the PS&E the local government may elect not to provide the funding and the project does
not proceed because of insufficient funds; the local government agrees to reimburse the State
for its reasonable actual costs incurred during the project.
d. Conditions for termination as specified in the LPAFA are fulfilled.
4. Amendments
a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may notify
the Local Government of changes in this Master Agreement resulting from changes in
federal or state laws or rules or regulations and these changes in the Master Agreement
shall be incorporated into this agreement unless the State is notified by the Local
Government within 60 days. From time to time, the State may issue numbered
restatements of this MAFA to wholly reflect its amendments.
b. This Master Agreement may be amended due to changes in the agreement or the
responsibilities of the parties. Such amendment must be made through a mutually agreed
upon, written amendment that is executed by the parties.
c. The notice of amendment and the amendment to this Master Agreement may be in an
electronic form to the extent permitted by law and after a prior written consent of the parties
to this agreement is made.
d. Amendments to the LPAFAs due to changes in the character of the work or terms of the
agreement, or responsibilities of the parties relating to a specific project governed under
this Master Agreement may be enacted through a mutually agreed upon, written
amendment to the LPAFA.
5. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
agreement and shall be cumulative.
Page 2 of 14
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed project requires
their adjustment, removal or relocation, the Local Government will be responsible for determining
the scope of utility work and notify the appropriate utility company to schedule adjustments, unless
specified otherwise in a specific LPAFA under other provisions of this MAFA.
The Local Government shall be responsible for the adjustment, removal or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies and procedures.
This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43
TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities;
and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be
responsible for all costs associated with additional adjustment, removal, or relocation during the
construction of the project, unless this work is provided by the owners of the utility facilities:
a. per agreement;
b. per all applicable statutes or rules, or;
c. as specified otherwise in a LPAFA.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for completion of
the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
Development of a local transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance of
federal-aid projects.
a. The Local Government is responsible for the identification and assessment of any environmental
problems associated with the development of a local project governed by this agreement, unless
provided for otherwise in the specific project agreement.
b. The Local Government is responsible for the cost of any environmental problem's mitigation and
remediation, unless provided for otherwise in the specific project agreement.
c. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment, unless provided for otherwise in the
specific project agreement.
d. The Local Government shall provide the State with written certification from appropriate regulatory
agency(ies) that identified environmental problems have been remediated, unless provided for
otherwise in the specific project agreement.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act,
Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be
consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L.
101-336) (ADA).
9. Architectural and Engineering Services
Any party to this contract may have responsibility for effecting the performance of architectural
and engineering services. Or, the parties may agree to be individually responsible for portions of
this work. The LPAFA shall define the party responsible for performance of this work.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the
Page 3 of 14
special specifications and special provisions related thereto, unless specifically stated otherwise in
the LPAFA and approved by the State.
In procuring professional services, the parties to this agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by disadvantaged business
enterprises (DBEs), ADA, and environmental matters.
10.Construction Responsibilities
a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for
construction bids, issue bid proposals, receives and tabulate the bids and award and
administer the contract for construction of the Project. Administration of the contract includes
the responsibility for construction engineering and for issuance of any change orders,
supplemental agreements, amendments, or additional work orders, which may become
necessary subsequent to the award of the construction contract. In order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract, whether the construction contract is awarded by the State
or by the Local Government.
c. All contract change order review and approval procedures must be approved by the State prior
to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Part B.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local
Government.
12. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project will be clearly stated in the local project agreement. The
expected cash contributions from the federal, state, Local Governments or other parties will be
clearly stated. The State will pay for only those project costs that have been approved by the
Texas Transportation Commission.
b. A project cost estimate showing the estimated contributions in kind or in cash for each major
area of the local project will be provided in the LPAFA. This project cost estimate will show
how necessary resources for completing the project will be provided by major cost categories.
These categories include but are not limited to: (1) costs of real property; (2) costs of utility
work; (3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management; and (6) any
other local project costs.
Page 4 of 14
c. The State will be responsible for securing the Federal and State share of the funding required
for the development and construction of the local project. Federal share of the project will be
reimbursed to the local government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State participation costs
associated with the Project, including any overruns in excess of the approved local project
budget, unless otherwise provided for in the LPAFA.
e. Following execution of the LPAFA, but prior to the performance of any review work by the
State, the Local Government will remit a check or warrant made payable to the "Texas
Department of Transportation " in the amount specified in the LPAFA. The Local Government
will pay at a minimum its funding share for the estimated cost of preliminary engineering for the
project, unless otherwise provided for in the LPAFA.
f. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State's estimated construction oversight and
construction costs, unless otherwise provided for in the LPAFA.
g. In the event the State determines that additional funding is required by the Local Government
at any time during the Project, the State will notify the Local Government in writing. The Local
Government will make payment to the State within thirty (30) days from receipt of the State's
written notification, unless otherwise provided for in the LPAFA.
h. Upon completion of the Project, the State will perform an audit of the local project costs. Any
funds due to the Local Government, the State, or the Federal government will be promptly paid
by the owing party.
i. The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for the indirect
costs the State incurs on the local project, unless this agreement is terminated at the request
of the Local Government prior to completion of the project.
k. If the local project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state
the amount of the fixed price or the incremental payment schedule.
I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as
Economically Disadvantaged Counties in comparison to other counties in the state as below
average per capita property value, and below average per capita income, and above average
unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing
arrangement based on this designation.
m. The State will not execute the contract for the construction of a local project until the required
funding has been made available by the Local Government in accordance with the LPAFA.
13. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any needed right of
way or real property, unless the State agrees to participate in the provision of right of way under
the procedures described herein as parts A and B of this provision.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
If the Local Government is the owner of any part of a project site under an LPAFA, the Local
Government shall permit the State or its authorized representative access to occupy the site to
perform all activities required to execute the work under the LPAFA.
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying the real
Page 5 of 14
property to the Local Government, and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must
be maintained and made available to the State and its representatives for review and inspection.
If the local government purchases right of way for a local government street, title will be acquired
in the name of the local government in accordance with applicable laws unless specifically
stated otherwise in the LPAFA and approved by the State.
If the State participates in the purchase of right of way for the state, it will be under the
processes established in the following paragraphs A or B, and the selected option shall be
specified in the LPAFA.
A. Purchase By the State for the State
The State will assume responsibility for acquisition of all necessary right of way for the
highway project. The Local Government will voluntarily contribute to the State funds equal to
ten (10) percent of the cost of the right of way for the proper development and construction of
the state highway system and shall transmit to the State a warrant or check payable to the
Texas Department of Transportation when notified by the State of the estimated cost of the
right of way. If the amount is found insufficient to pay the Local Government's obligation,
then the Local Government, upon request of the State, will supplement this amount in such
amount as requested by the State. Upon completion of the highway project and in the event
the total amount paid by the Local Government is more than ten (10) percent of the actual
cost of the right of way, any excess amount will be returned to the Local Government. Cost
of the right of way by the State shall mean the total value of compensation paid to owners,
including but not limited to utility owners, for their property interests either through
negotiations or eminent domain proceedings.
B. Purchase by the Local Government for the State
Purchase: Right of way purchases shall be a joint effort of the State and the Local
Government. Acquisition of right of way shall be in accordance with the terms of this
agreement and in accordance with applicable Federal and State laws governing the
acquisition policies for acquiring real property. The State agrees to reimburse the Local
Government for its share of the cost of such right of way providing acquisition when it has
been authorized to proceed by the State.
Location Surveys and Preparation of Right of Way Data: The State, without cost to the
Local Government, will do the necessary preliminary engineering and title investigation in
order to supply to the Local Government the data and instruments necessary to obtain
acceptable title to the desired right of way.
Determination of Right of Way Values: The Local Government agrees to make a
determination of property values for each right of way parcel by methods acceptable to the
Local Government and to submit to the State's District Office a tabulation of the values so
determined, signed by the appropriate Local Government representative. Such tabulations
shall list the parcel numbers, ownership, acreage and recommended compensation.
Compensation shall be shown in the component parts of land acquired, itemization of
improvements acquired, damages (if any), and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in arriving at all determined values. Such work will be
Page 6 of 14
performed by the Local Government at its expense without cost participation by the State.
The State will review the data submitted and may base its reimbursement on the values
which are determined by this review. The State, however, reserves the right to perform at
its own expense any additional investigation deemed necessary, including supplemental
appraisal work by State employees or by employment of fee appraisers, all as may be
necessary for determination of values to constitute the basis for State reimbursement. If at
any stage of the project development it is determined by mutual-agreement between the
State and Local Government that the requirement for the Local Government to submit to
the State property value determinations for any part of the required right of way should be
waived, the Local Government will make appropriate written notice to the State of such
waiver, such notice to be acknowledged in writing by the State. In instances of such waiver,
the State by its due processes and at its own expense will make a determination of values
to constitute the basis for State reimbursement.
Negotiations: The State will notify the Local Government as soon as possible as to the
State's determination of value. Negotiation and settlement with the property owner will be
the responsibility of the Local Government without participation by the State; however, the
Local Government will notify the State immediately prior to closing the transaction so that a
current title investigation may be made to determine if there has been any change in the
title. The Local Government will deliver properly executed instruments of conveyance which
together with any curative instruments found to be necessary as a result of the State's title
investigation will be properly vest title in the State for each right of way parcel involved. The
costs incidental to negotiation and the costs of recording the right of way instruments will be
the responsibility of the Local Government. The cost of title investigation will be the
responsibility of the State.
Condemnation: Condemnation proceedings will be initiated at a time selected by the Local
Government and will be the Local Government's responsibility at its own expense except as
hereinafter indicated. The Local Government will obtain from the State without cost current
title information and engineering data at the time condemnation are to be indicated. Except
as hereinafter set forth the Local Government will concurrently file condemnation
proceedings and a notice of lis pendens for each case in the name of the State, and in
each case so filed the judgment of the court will decree title to the property condemned to
the State. The Local Government may, as set forth herein under "Excess Takings" and
where it is determined to be necessary, enter condemnation proceedings in its own name.
Property acquired in the Local Government's name for the State must comply with
requirements set forth in the engineering data and title investigation previously furnished to
the Local Government by the State at such time as the Local Government conveys said
property to the State.
Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: Court
costs and costs of Special Commissioners' hearings assessed against the State or Local
Government in condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the Local Government. Such costs and fees, with the
exception of recording fees, will be eligible for ninety (90) percent State reimbursement
under the established reimbursement procedure provided such costs and fees are eligible
for payment by the State under existing law. Where the Local Government uses the State's
appraisers employed on a fee basis in Special Commissioners' hearings or subsequent
appeals, the cost of the appraiser for updating the report, for preparing new reports,
preparing for court testimony and appearing in court to testify in support of the appraisal will
be paid direct by the Local Government, but will be eligible for ninety (90) percent State
reimbursement under established procedure provided prior approval for such appraiser has
Page 7 of 14
been obtained from the State. The fee paid the appraiser by the Local Government shall be
in accordance with the fee schedule set forth in the appraiser's contract for appraisal
services with the State.
Excess Takings: In the event the Local Government desires to acquire land in excess of
that requested by the State for right of way purposes, the State's cost participation will be
limited to the property needed for its purposes. If the Local Government elects to acquire
the entire property, including the excess taking, by a single instrument of conveyance or in
one eminent domain proceeding, the property involved will be acquired in the name of the
Local Government and that portion requested by the State for right of way will be
separately conveyed to the State by the Local Government. When acquired by negotiation,
the State's participation will be based on the State's approved value of that part of the
property requested for right of way purposes, provided that such approved value does not
exceed actual payment made by the Local Government. When acquired by condemnation,
the State's participation will be in the proportionate part of the final judgment amount
computed on the basis of the relationship of the State's approved value to the State's
predetermined value for the whole property.
Improvements: Property owners will be afforded an opportunity in the negotiations to
retain any or all of their improvements in the right of way taking. In anticipation of the owner
desiring to retain improvements, the State's approved value will include the amounts by
which the upper limit of State participation will be reduced for the retention. It is further
agreed that the upper limit for the State's participation in the Local Government's cost for
an improved parcel will be reduced as shown in the State's approved value where the
owner retains an improvement which is to be moved by either the Local Government or the
owner. In the event improvements, which are, in whole or part, a part of the right of way
taking are not retained by the owner; title is to be secured in the name of the State.
The State will participate in the acquisition of a structure severed by the right of way line if
the part of the house, building or similar structure which lies outside the right of way cannot
be reconstructed adequately or there is nothing but salvage left, provided that the State's
value is established on this basis and provided that title to the entire structure is taken in
the name of the State. The State shall dispose of all improvements acquired. The net
revenue derived by the State from the disposition of any improvements sold through the
General Services Commission will be credited to the cost of the right of way procured and
shared with the Local Government.
Relocation of Utilities on Acquired State Right of Way: If the required right of way
encroaches upon an existing utility located on its own right of way and the proposed
highway construction requires the adjustment, removal or relocation of the utility facility, the
State will establish the necessity for the utility work. State participation in the cost of making
the necessary change, less any resulting increase in the value to the utility and less any
salvage value obtainable, may be obtained by either the "actual cost" or "lump sum"
procedures. Reimbursement under "actual cost" will be made subsequent to the Local
Government's certification that the work has been completed and will be made in an
amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner.
The "lump sum" procedure requires that the State establishes the eligibility of the utility
work and enters into a three-party agreement, with the owners of the utility facilities and the
Local Government, which sets forth the exact lump sum amount of reimbursement, based
on a prior appraisal. The utility will be reimbursed by the Local Government after proper
certification by the utility that the work has been done, said reimbursement to be the basis
of the prior lump sum agreement. The State will reimburse the Local Government in an
Page 8 of 14
amount equal to ninety (90) percent of the firm commitment as paid to the utility owner.
The foregoing is subject to the provision that the individual lump sum approved value shall
not exceed $20,000, except as specifically approved by the State. In those cases where a
single operation is estimated to exceed $20,000 the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved. Such utility firm commitment will be an appropriate item of right of way. The
adjustment, removal or relocation of any utility line on publicly owned right of way by
sufferance or permit will not be eligible for State reimbursement. The term "utility" under
this agreement shall include publicly, privately and cooperatively owned utilities.
Fencing Requirements: The Local Government may either pay the property owner for
existing right of way fences based on the value such fences contribute to the part taken and
damages for an unfenced condition resulting from the right of way taking, in which case the
estimated value of such right of way fences and such damages will be included in the
recommended value and the approved value, or the Local Government may do the fencing
on the property owner's remaining property.
Where the Local Government performs right of way fencing as a part of the total right of
way consideration, neither the value of existing right of way fences nor damages for an
unfenced condition will be included in the recommended value or the approved value. State
participation in the Local Government's cost of constructing right of way fencing on the
property owner's remainder may be based on either the actual cost of the fencing or on a
predetermined lump sum amount. The State will be given credit for any salvaged fencing
material and will not participate in any overhead costs of the Local Government.
If State participation is to be requested on the lump sum basis, the State and the Local
Government will reach an agreement prior to the actual accomplishment of the work as to
the necessity, eligibility and a firm commitment as to the cost of the entire fencing work to
be performed. The foregoing is subject to the provision that the lump sum approved cost
shall not exceed $20,000, except as specifically approved by the State. In the event the
cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the
attention of the State for determination of proper handling based upon the circumstances
involved.
Reimbursement: The State will reimburse the Local Government for right of way acquired
after the date of this agreement in amount not to exceed ninety (90) percent of the cost of
the right of way acquired in accordance with the terms and provisions of this agreement.
The State's reimbursement will be in the amount of ninety (90) percent of the State's
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount.
If condemnation is necessary and title is taken as set forth herein under the section entitled
"Condemnation," the participation by the State shall be based on the final judgment,
conditioned upon the State having been notified in writing prior to the filing of such suit and
upon prompt notice being given as to all action taken therein. The State shall have the right
to become a party to the suit at any time for all purposes, including the right of appeal at
any stage of the proceedings. All other items of cost shall be borne by the State and the
Local Government as provided in other sections of this agreement. If a lump sum fencing
or utility adjustment agreement has been executed, the State will reimburse the Local
Government in the amount of ninety (90) percent of the predetermined lump sum cost of
the right of way fencing or utility adjustment.
Page 9 of 14
If the Local Government prefers not to execute a lump sum agreement for either fencing or
utility adjustments, the State will reimburse on the actual cost of such fencing or
adjustments. The Local Government's request for reimbursement will be supported by a
breakdown of the labor, materials and equipment used.
General: It is understood that the terms of this agreement shall apply to new right of way
authorized and requested by the State which is needed and not yet dedicated, in use or
previously acquired in the name of the State or Local Government for highway, street or
road purposes. This agreement shall also apply, with regard to any existing right of way, to
outstanding property interests not previously acquired and to eligible utility adjustments not
previously made, as authorized and requested by the State.
It is further understood that if unusual circumstances develop in the right of way acquisition
which are not clearly covered by the terms of this agreement, such unusual circumstances
or problems will be resolved by mutual agreement between the State and the Local
Government.
14. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic
notice being permitted to the extent permitted by law but only after a separate written consent of
the parties), addressed to such party at the following addresses:
Local Government: State:
The CityMana er Texas Department of Transportation
Ci of W lie Attention: Dallas District Engineer
2000 Highway 78 North 4777 East Highway US 80
Wylie, Texas 75098 Mesquite, Texas 75150-6643
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice
of the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out
by the other party.
15. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions and this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as
the acts and deeds of its contractors, employees, representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made available
to the State without restriction or limitation on their further use. All documents produced or
Page 10 of 14
approved or otherwise created by the Local Government shall be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required, the Local Government shall
furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes any
prior understandings or written or oral agreements respecting the agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable
and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. Inspection of Books and Records
The parties to the agreement shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the contract period and for
four (4) years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local Government, and
the FHWA and their duly authorized representatives shall have access to all the governmental
records that are directly applicable to this agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128
through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive
Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." The parties to this
Page 11 of 14
contract shall require any party to a subcontract or purchase order awarded under this contract to
certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of
the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Master Agreement, the signatories certify to the best of his or her knowledge and
belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with federal contracts, grants, loans, or cooperative agreements, the signatory for
the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying
certification with respect to the individual projects and reaffirm this certification of the material
representation of facts upon which reliance will be made. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GOVERNMENT— City of Wylie STATE OF TEXAS
By: Executed for the Executive Director and
Signature approved for the Texas Transportation
Commission for the purpose and effect
of activating and/or carrying out the
Printed/Typed Title orders, established policies or work
Programs heretofore approved and
authorized by the Texas Transportation
Printed/Typed Name Commission .
Date: By:
Jennifer D. Soldano, Director,
Contract Services Office
Date:
Page 12 of 14
ATTACHMENT A
TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA
Federal Categories Prefix Federal Categories Prefix
Interstate Demonstration Projects
Interstate I Hi Priority Corridor on NHS DPR
Interstate Maintenance IM Rural Access Projects DPR
Interstate 4R Discretionary IDR Innovative Projects DPI
Interstate Constr. Discretionary ID Priority Intermodal Projects DPM
Congestion Corridor IVH/ITS
Bridges High Priority Projects HP
Bridge Repair/Rehab On-System BR/BH
Other
National Highway System NH
Surface Transportation Program Forest Highways FH
Urban Mobility/Rehab STP-UM
Areas <200,000 STATE CATEGORIES
Enhancement STP-TE
Metro Mobility/Rehab STP-MM Preventive Maintenance CPM
Urban Mobility/Rehab Farm-to-Market/Farm-to-Market Rehab A/AR
Urban &Rural Rehabilitation STP-R District Discretionary CD
Rural Mobility Rehab STP-RM State Funded Rehab C
Rail-Hwy Crossing Protective Devices STP-RXP Park Road C
Rail-Hwy Crossing Hazard Elimination _ STP-RXH State Funded Mobility C
Railroad grade Separations STP-RGS PASS/PASS Metro Match C
Safety-Hazard Elimination STP-HES Traffic Signals, Signing & Pavement C
Markings
Miscellaneous C
Congestion Mitigation & Air Quality CM Railroad Replanking CRX
State Funded Landscape C/CL
Donor State Bonus* CLM
Any Area DB State Urban Street CUS
Areas >200,000 DBM
Areas <200,000 DBU Others per LPAFA exception ,
Minimum Guarantee MG Off-System Bridges Program BROX
*ISTEA Funding Categories—Not Re-
established in TEA 21
Page 13 of 14
ATTACHMENT B
RESOLUTION OR ORDINANCE
Page 14 of 14
RESOLUTION NO. 2004-17 R
A RESOLUTION OF THE CITY H OWING O THTE� CITY
OF WYLIE, TEXAS,
MANAGER TO ENTER INTO THE
E(LPAFA) WITH TEE
ADVANCE FUNDING AGREEMENT
TEXAS DEPARTMENT OF TRANSPORTATION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE,TEXAS:
SECTION 1: The City Manager of the Citof Wylie, Texas is hereby authorized
lie, Texas, the Local Project
to execute, on behalf of the City Council of the City y
Advance Funding Agreement (LPAFA) between the City of Wylie, Texas and the Texas
Department of Transportation, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 8th day of June, 2004.
IMF/
JO MOND M
````� t1u1t1Ntri
F '
ATTEST TO: G: SEAL
ArA�
C• 'OLE EHRLICH, City Secretary ' ........••'
`
Resolution Authorizing Execution of the Local Project Advance Funding Agreement(LPAFA)—Page 1
MEMORANDUM
Texans
TO: Kell man, P.E. June 17, 2004
C Ilin County Area Office
FROM: Moosa Saghian, P.E. )01-5
SUBJECT: Transmittal of Fully Executed Local Government Project Advance Funding Agreement
CSJ: 0281-02-048
The following information relates to this transmittal package:
1. Number of original counterparts attached. [1]
2. Contract Type: Original Contract [X];Amendment [ ]
3. Local Government Party(ies): City of Wylie
4. Very Brief Project Description: SH 78 widening
5. Funding Category: STPMM
6. Project Cost Estimate in Contract Total (Dollars): $0
a. Federal Share (Dollars): $0
b. State Share: (Dollars): $0
c. Local Share: (Dollars): $3,075,049.19
7. Has the local funding amount been entered into the DCIS P1 Screen? Yes [X] No [ ]
8. Local participation in: Right of Way [X] PE [X] Construction [X]
9. Funding Participation: Percentage [X]100% Fixed amount [ ]$
Please make appropriate copies for your files and forward the original to the City of Wylie for their
files.
If you have any questions, please contact Angela Green at 214-320-4432.
AMG
Cc: Contracts
JUN 1 .8 2004
hM
AFA-AFATM Page 1 of 1
Cr) ZFASOM
WM' \!WCA%.i j/iE. ��41.t.+is ca
•
CSJ: 02`-4-•02-048
Project 4. .,TP 2001 (589) MM
• County: Collin
Location: SH78
Limits: From FM 544 to East of Eubanks Street
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR
VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the State, and the City of Wylie, acting by and
through its duly authorized officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS, Transportation Code, Chapter 201, 221, and 222, authorizes the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Commission Minute Order Number 107892 authorizes the State to undertake and
complete a highway improvement generally described as the widening of an existing highway to a
four (4) lane divided urban facility of SH 78 from FM 544 to east of Eubanks Street; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as the
extension from Sta. 578+40 to Sta. 606+58.62 and the widening of the project limits from Sta. 573+00
to Sta. 606+58.62. a length of 3,358.62 feet, (from East of Eubanks Street to East of Spring Creek
Parkway), hereinafter called the "Project"; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated jug Q v2OoL4 , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement
with a Local Government; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without
exception.
Article 2. Project Funding and Work Responsibilities. The State will authorize the performance
of only those Project items of work which the Local Government has requested and has agreed to
AFA— LPAFAVoIProj Pare 1 of 3 Revised 1/23104
CSJ: 02"`02-048
Project 4. .:1"P 2001 (589) MM
pay for as described in Attachment C, Payment Provision and Work Responsibilities which is
attached to and made a part of this contract.
In addition to identifying those items of work paid for by payments to the State, Attachment C,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with
this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery
Program.
Article 3. Right of Access. If the Local Government is the owner of any part of the Project site, the
Local Government shall permit the State or its authorized representative access to the site to perform
any activities required to execute the work. The Local Government will provide for all necessary right-
of-way and utility adjustments needed for performance of the work on sites not owned or to be
acquired by the State.
Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception.
Article 5. Document and Information Exchange. The Local Government agrees to electronically
deliver to the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft®Word or similar document. If requested by the State,the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required by
the State. This requirement applies whether the local entity creates the documents with its own
forces or by hiring a consultant or professional provider.
Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without
exception.
Article 7. Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment C,
Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all
work performed hereunder and provide such engineering inspection and testing services as may be
required to ensure that the Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will be the
sole responsibility of the State. Unless otherwise specifically stated in Attachment C to this contract,
all work will be performed in accordance with the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
Article 9. Maintenance. Project Maintenance will be under the conditions as provided for in the
MAFA, without exception.
Article 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the
MAFA, without exception.
Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,
without exception. Local Government: City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098-6043
AFA—LPAFAVoIProj Page 2 of 3 Revised 1/23/04
CSJ: 07"-'-02-048
•• Project; .DTP 2001 (589) MM
Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated
in the MAFA, without exception.
Article 13. Successors and Assigns. The State and the Local Government each binds itself, its
successors, executors, assigns, and administrators to the other party to this agreement and to the
successors, executors, assigns, and administrators of such other party in respect to all covenants of
this agreement.
Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA,
without exception.
Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution
of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the
terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA.
Article 16. State Auditor. The state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Article 17. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approv d a d horiz_ed by the Texas Transporta ion Commission.
By Date ,/ ( y
illiam L. ale, P.E.
Dallas District Engineer
THE LOCAL GOVERNMENT—CITY OF WYLIE
By 440:1496, l r ) 47 Date 6//i
City Manager
AFA—LPAFAVoIProj Page 3 of 3 Revised 1/23/04
CSJ: 02F')2-048
Project#: P 2001 (589) MM
•
ATTACHMENT A
LOCAL GOVERNMENT RESOLUTION OR ORDINANCE
AFA-LPAFAVoi Proj Page 1 of 1 Revised 1/23/04
CSJ: 02 02-048
Project 4, 1? 2001 (589) MM.
ATTACHMENT B
LOCATION MAP
9,,,.-.:.c.
0 S �'4i it it..n•���' x a X+€.`. .,.s 7- 4` ,,, 'l.c. `s a.`�
as t '1 '-t, tNr;t<`:r�+'. •w�,t,,�i s y,,±r�1,�- ,,Zr, '} Y.7 -, 7 a• iF L r
.40 IEw .... f1 ,�. N-.t s. tF7 �y t•l { -j. Jy�. i 1�'�-j. I IF4 4,
•
F
s,iif-�` f,, ,.'._ �1.^'4 11r r i' a • ,? 2'cr •
S a'b t.., 4.% .� Fi S� � . Yj r a • 4` n 1 S�4' S ,s �M s,r r V r •-Y.353:-vYP i..'._t... ',�r'.b` .„.I i s.�h 'i7� 'jn �y ,,..,, t' -• 4}„ L r t .,
,f. A`s 7^,[._.___.� c v t ..n. ` =` t� s r�}� _«f ,/s• t t.1 .. - t - t. _ • k.t .. F_' -w'1
�+r,,ey,,,,<< .t'1 -'r.1" �,•-...11A
�,,gyy` 4- `'L �nk •eI 4✓ F •; r �. .^-11r-r, - .,d,. t13_i ^ -Y , ,��, laiikti
.. ai TR 'rY 1 v 1 `-yv J4 :'C ' tt � J 4 n •I..mil, N :T. f ti kS 1,x7'r+ n , y }� a' + '' Jfi i i +u+ '` f✓s b r i„3 , , t4 4..1„-,,,,„„r .J 4•, J' Nye �. t ,> t; t'vs Y R v.5
t a'' Y t- t+1 ,„ �ydr t L S $ t .2' . '.ta ..4 (4,Zt ?:r y d rrp '�a '+r " •Y.x,
ESA- ,-,ms�- *-1 : [
..,.....Xp. }, t F w''' he a r w " '' �rn ,i,t a M fit,f :ty..-.e •c Zr.,i• s� }- ''.>..e, r'w . i F•` C
AArr, . 7
'te :.{41•r 'A sf..sk [ aT� :.4 u s 4 t rrt r, f.." o r s
.''�_dd 1 — •ar1."fv.,'J `t- r:f„, -. „asa ,�... �rT" . ,. • r z us r.S t, 1 i a.;
�"� ;1 Sj a e � Y1 r -a"k., � •, � .tt r � p b r tid
Z�C# : .zv } ¢ ti ,P xr r
'coc"r I �`' ems. 1 ..�-' a t .i,u "' ��'° s _�•` y �
IL t�-t s.-•.s's4 �t < - A ,1�1 ,�..+r".� t `R•:.1 v:/ � . r Y a q a • + i 1
ri' � :w"IR.'C - t S,' �# 4 yr r x '.*,a ' 5 .
r 2.
a..�1 "--.x}' �- a ✓ Ft4 d ".Z t r.asz �•4s+- . .,71?.si.� �..r h 7 c.a cs- ':y R L
/-_ . «� . • 'd.,` " "•n Fi't.-• rry im x4 Z� o. t ' _ ��b'arx r °ti��tti�i^dPt e ' �4 f` tT r�1 - > ,`3fs '� -TT ti;e1'i,}�` -.., , ri r"'.Y,. t r`-., u'.``,A''.i .'4F"}51",. .1-�s� ` tt, J'"X.,,,.. .. .*•'��
+ �f' is + V t 4111'*-' s-9 aK a ri"
r i,4 Fi i N �t; ry L m
h ; >Fl f(s r '� 2E '^t. L-r7 r...`lc" .a. •' t,f/ r r
r 1is. rill.+>•y '�P• ".� F 1.�.c,� ri a-+- F 5 gases "'?{T'• ti A I �T`K r s-�a
t .` f .,y ry'F� •- n.r:�".3£' K �• ...Yfr �.-4 `s�P �.s1.«�.y,l � •as .� i I � i� y art^ 't
s ,,,,4�. --1,,, ,,;',,.Y ���✓ez".,0"' ,, +e-+ � L yt r�4}�v j r 11 °.. .: i. y. .� * iJ .f .-.__l,, 4 �.8u 1f t
3 -, .' : w .r' `.7 "'^"�v�', c r q,sa i ,1.o �..r.s:S .- -r.' 1 gas r. F r ti ,•vJ S ._ J
g l� wtr. ' s7 -, n,I ,,,, 7,7 ro y f, a6j -'T a a:, .. ',,,.r e qj P;,g,' ;K i y;
a Itigi �y =+1�1■ � ��`-w p -,14+1-M- f: .n",-IY�r� -.Jtci :
� f 7i. s d ' z%Si a y LL � a 4k -c' !t rli.r� - I ,.' ?qi,,r;
21
�F:���c, i���G, ���1 �kY`ti � y� fi�� -1t,:4�� 1' !fi �►- '��'qy`-,i'�4;'far �"Y.: 1,'��•..,u� +J�
1-t:�' i ,?`_Vr,/,' I a10.4 a rKr 4� r .:ia sc' <1 1 i �-,X ^ry' ,k�T -.1t ,sr ay , s
,c o
nil l +- }� �,y a ... -, "`l, sf f!J , i1.• ti,. .
.....2.4
w:
i I El SKI .1 �l a �xt�,,6 7Y`-• " ,4, V t ,�'�'.
P 1:0V�5 ri- '`�qt 4•4rtip" �1 y . £.-• a � �• ,
T
1-, r I ak'c """ JrurW'{.., "ys +''jam
gp.
Project Limits: Sta. 573+00 to Sta. 606+58.62, a length of 3,358.62 feet
(SH 78 EXTENSION: From Eubanks Street to Spring Creek Parkway)
AFA—LPAFAVoIProj Page 1 of I Revised 1(23/04
CSJ: 02— •02-048
Project . .DTP 2001 (589) MM
Attachment C
Payment Provisions and
Work Responsibilities
1. Description of the Cost of the Items of Work
The Local Government's total estimated for this portion of work is $3,075,049.19, which
includes contingencies and construction engineering.
The items, estimated quantities and the estimated cost involved with this agreement are hereto
attached.
All necessary right-of-way purchase and utility adjustments shall be the responsibility of the
Local Government. The Local Government will provide to the State all right-of-way necessary
for the Project. The Local Government's acquisition of right of way and utility adjustments shall
be in accordance with applicable Federal and State laws governing the acquisition policies for
acquiring real property. Should additional Project costs be incurred due to delays in right-of-
way acquisitions and/or utility relocations by the Local Government, the Local Government will
be responsible for such costs. The State will not reimburse the Local Government for the
purchase of right of way and utility adjustments.
The Local Government will be responsible for the performance of the Project engineering
services. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges,
and the special specifications and special provisions related thereto. The State will review the
Local Government's preparation of plans, specifications and estimate (PS&E)for compliance.
Construction responsibilities will be carried out by the State.
The Local Government will be responsible for all expenses incurred for the Project. In the
event the State determines that additional funding is required by the Local Government at any
time during the Project, the State will notify the Local Government in writing. The Local
Government will make payment to the State within thirty (30) days from receipt of the State's
written notification.
2. Schedule of Payment
Upon execution of this agreement, the Local Government will remit a check or warrant made
payable to the Texas Department of Transportation in the amount of$3,075,049.19 to be used
in payment for the proposed work required by the Local Government.
3. Actual Cost Agreement
Upon completion and acceptance of the services established herein, the State will prepare a
final audit of all costs incurred for the Project. Upon completion of the audit, any remaining
funds due the Local Government will be promptly returned.
AFA—LPAFAVoIProj Page 1 of 6 Revised 1/23/04
i ATTACHMENT C
i PART 1 - DESCRIPTION OF THE COST OF ITEMS OF WORK -
CSJ: 0281-02-048 1
PROJECT#: STP 2001 ( 589 ) MM
Project Location: SH 78 Extension: East Eubanks Street to East Spring Creek Parkway
1
ITEM DESCRIPTION UNIT QUANTITY _UNIT PRICE _ TOTAL
100 PREP ROW STA 35.00 $ 2,000.00 $ 70,000.00
104 REMOVE CONC (PAV) SY 3,593.80 $ 8.00 $_ 28,750.40
W
110 EXCAVATION RDY CY 13,073.00 $ 5.00 $ 65,365.00
110 EXCAVATION CHANNEL CY 550.00 $ 5.00 $ 2,750.00
132 EMBANK(DEN CONT)TYC CL3 CY 2,902.00 $ 2.50 $ 7,255.00
DESCRIPTION UNIT QUANTITY UNIT PRICE
ITEM TOTAL
162 BLOCK SOD SY 22,131.00 $ 2.00 $ 44,262.00
168 VEGETATIVE WATERING MG 375.40 $ 16.00 $ 6,006.40
169 SOIL RET BLKT CL I TY C SY 714.00 $ 2.00 $ 1,428.00
ITEM DESCRIPTION UNIT QUANTITY I UNIT PRICE __ TOTAL
260 LIME TREAT SUBGR DC 12" SY 28,514.00 $ 2.50T$ 71,285.00
260 LIME (TY A SLR,TY B OR TY C SLR) TON 758.00 $ 90.00 r$ 68,220.00
ITEM DESCRIPTION UNITj___QUANTITY UNIT PRICE TOTAL
305 SALV, HAUL&STCPL RCLM PAV(VAR DEP" SY 6,231.00 $ 4.54 $ 28,288.74
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
360 (MONO CURB TY I LF 10,858.00 $ 1.20 $ 13,029.60
360 CONC PAV CPCR 9" _ SY 25,823.00 $ 33.92 $ 875,916.16
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE _ TOTAL
402 TRENCH SAFETY PROTECTION LF 4,488.00 $ 0.75 $ 3,366.00_
432 RIPRAP STONE TY F GROUTED CY i 99.00 $ 150.00 $ 14,850.00
ITEM j DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL _
462 RCB 7'X 3' ' DEPTH LF 154.00 $ 250.00 $ 38,500.00
462 RCB 4'X 3' 'DEPTH _ LF 2.00j 197.69 395.37
ITEM _ DESCRIPTION UNIT ; QUANTITY UNIT PRICE TOTAL
464 RCP SEW CLIII 18" 'DEPTH LF 1 I RCP SEW CLIII 24" ' DEPTH LF 736.00 04.00 $ 44.82 $ 57,102.40
9
464
i I
-- $ 4 .82 $ 32,987.52
464 RCP SEW CLIII 30" 'DEPTH _ LF 463.00 $ 55.28 $ 25,594.64
464 RCP SEW CLIII 36" 'DEPTH LF _ 1,393.00 $ 69.06 $ 96,200.58
464 IRCP SEW CLIII 48" 'DEPTH LF 1 292.00 $ 114.40 $ 33,404.80
Page 1 of 5
ATTACHMENT C
PART 1 -DESCRIPTION OF THE COST OF ITEMS OF WORK
CSJ: 0281-02-048 1 - -
PROJECT#: STP 2001 ( 589 ) MM I- _
Project Location: SH 78 Extension: East Eubanks Street to East Spring Creek Parkway
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL -
465 INLET COMPL TY 1 EA 21.00 $ 2,506.00 $ 52,626.00
465 MANH(COMP)TY 1 EA 1.00 $ 3,900.00 $ 3,900.00
465 INLET EXT _ EA 34.00 $ 1,017.00 $ 34,578.00
465 INLET COMPL TY G 3-GRATE EA 3.00 $ 2,100.00 $ 6,300.00
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE
466 WINGWALL (PW=0)(HW= SPECIAL) EA 1.00 $ 14,500.00 $ 14,500.00
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
496 REMOVE OLD STR (SMALL) EA I 18.00 300.00 $ 5,400.00
496 REMOVE OLD STR(LARGE)(BOX CULVERT: EA 1.00 15,000.00 $ 15,000.00
ITEM- DESCRIPTION UNIT QUANTITY UNIT PRICE
500 MOBILIZATION LS 1.00 164,960.00E $ 164,960.00
Survey 41,460.00 —..---
Paving plant move in 22,000.00 I
Bonds 27,000.00 — -
---- -_-- -- -- f I
—
:Office site expenses 31,500.00
,Flagmen i 5,500.00 r — -
[Electrical crews move in's 6,500.00 _
Striping crew move in 1,500.00
Structure crew move in $1,500.00
�_ Asphalt crews move in's $9,500.00 _ .
Milling crews move in's - $1,500.00
Site crews move in's _ $17,000.00
$164,960.00
ITEM DESCRIPTION UNIT QUANTITY I UNIT PRICE TOTAL
502 BARRICADES,ETC MO + 6.00 $ 5,000.00 $ 30,000.00
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ; TOTAL
508 CONSTRUCT DETOURS CL 3 SY 3455.00 $ 40.00 $ 138,200.00
529 'CONC CURB(DOWEL)(TY I) LF 400.00 25.00 10000.00
ITEM DESCRIPTION 1 UNIT QUANTITY UNIT PRICE ,
530 DRVWYS CONC 6" _ SY 1,427.60 $ 38.00 I $ 54,248.80
530 rSIDEWALK CONC SY 37.00 $ 28.001-_ $ 1,036.00
_
f.
5866 i CURB RAMP AND LANDING(TY 8) EA _ 8.00 $ 575.00 $ 4,600.00
Page 2 of 5
•
ATTACHMENT C _.
PART 1 - DESCRIPTION OF THE COST OF ITEMS OF WORK
r - ___
CSJ: 0281-02-048 - -- -
PROJECT#: STP 2001 ( 589 ) MM I --- --
Project Location: SH 78 Extension: East Eubanks Street to East Spring Creek Parkway
ITEM DESCRIPTION UNIT I QUANTITY UNIT PRICE __
618 CONDUIT PVC SCH 40(2") _ I LF 911.00 $ 5.51 $ 5,019.61
618 CONDUIT PVC SCH 40(3") - LF 117.00 $ 5.72 $ 669.24
618 CONDUIT PVC SCH 40(3") BORE LF 304.00 $ 17.85 $ 5,426.40
618 CONDUIT PVC SCH 40( 1") LF 128.00 $ 5.25_ $ 672.00
620 ELEC CONDUCTOR (NO.8) BARE LF 486.00 $ 0.68 $ 330.48
620 ELEC CONDUCTOR (NO.12) INSULATED LF 320.00_$ 0.89 $ 284.80
620 ELEC CONDUCTOR (NO.8) INSULATED LF_ 932.00 $ 0.95 $ 885.40
620 ELEC CONDUCTOR (NO.6) INSULATED LF + 70.00 $ 1.00 $ 70.00
624 GROUND BOX TY A(122311)W/APRON EA 11.00 $ 525.00 $ 5,775.00
624 GROUND BOX TY C(162911)W/APRON EA 4.00 $ 578.00 $ 2,312.00
628 ELEC SERV TY T EA 1.00 $ 2,520.00 $ 2,520.00
644 SMALL RDSD SGN ASSM TY A EA 2.00 $ 394.00 $ 788.00
656 FND FOR TRAF SIG (36"DRIL SHAFT) LF 52.00 $ 137.00 $ 7,124.00
656 TRAF SIG CNTRL FND - CY 1.30 $ 945.00 $ 1,228.50
ITEMS DESCRIPTION - UNIT _QUANTITY UNIT PRICE TOTAL
662 WRK ZN PV MRK REM W SLD 4" LF 6,910.00 $ 1.00 $ 6,910.00
662 WRK ZN PV MRK REM Y 4" SLD LF 3,560.00 $ 1.00 $ 3,560.00
666 REFL PV MRK TY I W SLD 4" LF 6,160.00 $ 0.28 $ 1,724.80
666 REFL PV MRK TY I W BRK 4" -I LF 1,150.00 $ 0.30 $ 345.00
666I REFL PV MRK TY I W DOT 4" I LF 150.00 $ 0.79 $ 118.50
666 REFL PV MRK TY I W SLD 8" LF 1,990.00 $ 0.79 $ 1,572.10
_666 REFL PV MRK TY I W SLD 12" LF 760.00 _$ 5.78 $ 4,392.80
666 REFL PV MRK TY I W SLD 24" i_ LF 157.00 _$ 5.78 $ 907.46
666 REFL PV MRK TY I W ARROW _ EA 10.00 $ 131.25 M $ 1,312.50
666 REFL PV MRK TY I Y SLD 4" LF 7,365.00 $ 0.33 $ 2,430.45
666 REFL PV MRK TY II W SLD 4" LF 6,160.00 $ 0.16 $ 985.60
666 REFL PV MRK TY II W BRK 4" LF 1,150.00 $ 0.16 $ 184.00
666 REFL PV MRKTY II W DOT 4" LF ' 150.00 $ 0.58 $ 87.00
666 REFL PV MRK TY II W SLD 8" LF 1,990.00 $ 0.37 $ 736.30
666 REFL PV MRK TY! I W SLD 12" _ i LF 760.00 $ 2.63 $ 1,998.80
666 REFL PV MRK TY! I W SLD 24" LF 157.00 $ 2.63 $ 412.91
666 REFL PV MRK TY! I W ARROW EA 10.00 $ 36.75 $ _ 367.50
666 REFL PV MRK TY II Y SLD 4" LF 7,365.00 $ 0.13 $ 957.45
672 RATS PV MKR CL B TY I-C EA 57.00 $ 3.41 $ __ 194.37
672 RAIS PV MKR CL B TY II-A-A _ EA 74.00 $ 3.41 $ 252.34
677 ELIM EXT PV MKR&MRKR 4" LF 10,470.00 $ 1.00 _$ 10,470.00
678 PV SURF PREP FOR MKR BLAST CLN 4" LF 14,715.00 $ 0.13 $ 1,912.95
678 PV SURF PREP FOR MKR BLAST CLN 8" LF 1,990.00 $ 0.26 ' $ 517.40
678 PV SURF PREP FOR MKR BLAST CLN 12" LF I 760.00 $ 1.58 $ 1,200.80
_678_PV SURF PREP FOR MKR BLAST CLN 24"i LF 157.00 $ 1.58 $ 248.06
6781PV SURF PREP FOR MKR BLAST CL ARW i EA 10.00 $ 36.75 ; $ 367.50
Page 3 of 5
ATTACHMENT C
PART 1 - DESCRIPTION OF THE COST OF ITEMS OF WORK __ ___
CSJ: 0281-02-048 _ -----_
PROJECT#: STP 2001 ( 589 ) MM r--
Project Location: SH 78 Extension: East Eubanks Street to East Spring Creek Parkway
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE
680 INSTAL OF HWY TRAF SIG (ISOLATED) EA 1.00 $ 21,000.00 $ 21,000.00
681 TEMP TRAF SIGNALS FOR CONSTRUCTION EA 1.00 $ 47,250.00 $ 47,250.00
_ 682 BACK PLATE 3 SEC 12" EA i 8.00 $ 63.00 $ 504.00
682 BACK PLATE 5 SEC 12" EA 4.00 $ 68.25 $ 273.00
682 VEH SIG SEC (12") EA 44.00 $ 116.00 $ 6,104.00
682 PED SIG SEC(2 INDICATIONS IN 1 SEC) EA _ 8.00 $ 142.00 $ 1,136.00
684 TRAF SIG CBL TY C 2 CONDR 18 AWG LF 6,359.00 $ 1.05 $ _ 6,676.95
684 TRAF SIG CBL TY A 7 CONDR 14 AWG LF 246.00 I $ 2.10 $ 516.60
684 TRAF SIG CBL TY A 5 CONDR 14 AWG LF 351.00 ' $ 1.89 $ 663.39
684 TRAF SIG CBL TY A 16 CONDR 14 AWG LF 600.00 $ 2.36 $ 1,416.00
686 TRAF SIG POLE ASM STL 1 ARM 40' LUM EA 2.00 $ 4,200.00 $ 8,400.00
_ 686 TRAF SIG POLE ASM STL 1 ARM 44' LUM EA 2.00 $ 4,830.00 $ 9,660.00
688 PED DETECT PUSH BUTT EA 8.00 $ 100.00 , $ --_ 800.00
688 VEH DETECT SAW CUT LF 1,974.00 $ 5.78 $ 11,409.72
ITEM DESCRIPTION UNIT QUANTITY _ UNIT PRICE TOTAL
1027 COMP MANF TPSL (PB) CL 2(4") _ _ SY 22,131.00 I $ 3.25 $ 71,925.75
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
3146 HOT MIX TY C SURF (PG 76-22) I TON 556.80 $ 60.00 $ 33,408.00
3146 HOT MIX TY B BASE(PG 76-22) TON 8,566.50 $ 35.50 $ 304,110.75
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE - TOTAL
5249 TEMP SEDMT FENCE LF 5,948.00 $ 1.50 $ 8,922.00
5249 TEMP SEDMT FENCE REMOVE LF 5,948.00 $ 0.50 $ 2,974.00
ITEM DESCRIPTION _LIMIT QUANTITY UNIT PRICE TOTAL
6955 12"LED TRAFF SIG LAMP(RED) 1 EA 12.00 $ 126.00 $ 1,512.00
6955 12"LED TRAFF SIG LAMP(YELLOW) I EA 12.00 $ 131.00 $ 1,572.00
6955 12"LED TRAFF SIG LAMP(GREEN) EA 12.00 $ 226.00 $ 2,712.00
6955 12"LED TRAFF SIG LAMP(YEL ARW) i EA 4.00 $ 121.00 $ 484.00
6955 12"LED TRAFF SIG LAMP(GRN ARW) EA 4.00 $ 175.00 $ _700.00
8230 LED PED SIG LAMP 2/1 _ EA _8.00 $ 160.00 $ 1,280.00
_8288 SPREAD SPECTRUM RADIO EA , 1.00 , $ 3,675.00 $ 3,675.00
8288 ANTENNA(UNIDIRECTIONAL) EA , 1.00 $ 683.00 $ 683.00
8288 COAXIAL CABLE LF ; 55.00 $ 2.10 $ 115.50
Page 4 of 5
ATTACHMENT C I L_
PART 1 -DESCRIPTION OF THE COST OF ITEMS OF WORK -
CSJ: 0281-02-048
PROJECT#: STP 2001 ( 589 ) MM
Project Location: SH 78 Extension: East Eubanks Street to East Spring Creek Parkway
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 MOB EA 1.00 $ 11,377.00 $ 11,377.00
__ 3 __EROSION CONTROL EA 1.00 $ 2,750.00 $ 2,750.00
4 TRENCH SAFETY LF 1,114.00 -$ 2.20 $ 2,450.80
5 8"SS(PVC SDR 35) LF 30.00 $ 38.50 $ 1,155.00
6 CONNECT TO EXISTING 8"SS LINE EA 1.00 $ 826.00 $ 826.00
7 16"STEEL ENCASE OPEN CUT(T.375") LF 38.00 $ 71.50 $ 2,717.00
8 30"STEEL ENCASE OPEN CUT (T.500") LF 22.00 $ 170.50 $ 3,761.00
9 8"WATER&FITTINGS(C-900 PVC CL 200) LF 918.00 $ 41.80 $ 38,372.40
10 12"WATER&FITTINGS(C-900 PVC CL 200) LF 40.00 $ 50.60 $ 2,024.00
11 20"H2O&_FIT AWWA C-303 CSC CL 150&RI LF 126.00 $ 225.50 $ 28,413.00
&RESTRAINT OF EXIST 20"CSC
12 8"GATE VALVE EA 4.00 $ 1,210.00 $ 4,840.00
13 .8"X 6"TAPPING SLEEVE&VALVE EA 2.00 $ 3,575.00 $ 7,150.00
14 BLOW OFF HYDRANT __ EA 2.00 $ 2,200.00 $ 4,400.00
15 2"COMB AIR VALVE TY I EA i 2.00 $ 1,100.00 $ 2,200.00
16 RELOCATE EXIST FIRE HYDRANTS EA 2.00 $ 2,200.00 $ 4,400.00
17 NEW FIRE HYDRANTS EA 2.00 $ 3,850.00 $ 7,700.00
18 CONNECT EXIST WATER LINE 8" EA 7.00 $ 550.00 $ 3,850.00
19 CONNECT EXIST WATER LINE 12" EA 1.00 $ 825.00 $ 825.00
20 CONNECT EXIST WATER LINE 20" EA 4.00 $ 1,650.00 $ 6,600.00
21 LOCATE EXIST H2O VALVE BOXES&ADJUST EA 2.00 $ 550.00 $ 1,100.00
22 REM &REPL HMAC DW SY 15.00 $ 71.50 $ 1,072.50
23 REM &REPL GRAVEL DW SY 22.00 $ 27.50 $ 605.00
24 CUT&PLUG &ABANDON WATER EA 6.00 $ 825.00 $ 4,960.00
25 UTILITY LOCATES EA 20.00 $ 550.00 $ 11,000.00
WATER-SEWER RELOCATION TOTAL LS r 1.00 $ 154,527.70 $ 154,527.70
TOTAL ESTIMATED CONSTRUCTION COST -1 _' $ _--2,900,989.79
Engineering&Contingencies(Estimated @ 6.0%of Construction) $ 174,059.40
TOTAL ESTIMATED LOCAL GOVERNMENT COST I-- $ 3,075,049.19
Page 5 of 5
diI t'fIPICAt ,
certify thi to be a original d u correct
#C
•• copy off.-- ong -
t.
By: City Sec Y
RESOLUTION NO. 2004-17
A RESOLUTION OF THE CITY COUNCIL OF E CITY
CITY
OF WYLIE, TEXAS, AUTHORIZING THE
MANAGER TO ENTEAGREEMEN THE
T (LPLOCAL
AFA) WITH THE
ADVANCE FUNDING
TEXAS DEPARTMENT OF TRANSPORTATION.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas is hereby authorized
to execute, on behalf of the City Council of the City of Wylie, Texas, the Local Project
Advance Funding Agreement (LPAFA) between the City of Wylie, Texas and the Texas
Department of Transportation, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 8th day of June, 2004.
JO MOND ; M
01, mum'',
,
OF WN ",,
ATTEST TO: �;' ''•/t�`
SEAL
C• 'OLE EHRLICH, City Secretary ' ..
••,,,••,•.••
Resolution Authorizing Execution of the Local Project Advance Funding Agreement(LPAFA)-Page 1
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 4
(City Secretary's Use Only)
Department: Engineering
Prepared By: Chris Hoisted Account Code:
Date Prepared: January 29, 2008 Budgeted Amount: N/A
Exhibits: 3
Subject
Consider, and act upon, Resolution No. 2008-06(R) authorizing the City Manager to execute an Interlocal
Agreement with the North Texas Municipal Water District for the relocation of approximately 3,400 linear feet
of 14-inch water pipeline located along the west side of FM 1378.
Recommendation
Motion approving Resolution No. 2008-06(R) authorizing the City Manager to execute an Interlocal Agreement
with the North Texas Municipal Water District for the relocation of approximately 3,400 linear feet of 14-inch
water pipeline located along the west side of FM 1378.
Discussion
The North Texas Municipal Water District (NTMWD) operates a 14-inch water pipeline generally located along
the west side of FM 1378 from FM 544 to Brown Street. The existing pipeline will be in conflict with the
proposed City facilities as well as portions of the future reconstruction of FM 1378. The line must be
constructed and in service prior to the start of construction of the new City buildings.
The proposed agreement specifies that the City provide an easement for the relocated water line as well as
reimburse the district for the project cost. NTMWD approved the Interlocal Agreement at their December
meeting and they have also approved an agreement for engineering services with Birkhoff, Hendricks, and
Conway for the design of the pipeline.
The 1999 Bond Program included $1,032,000 for the reconstruction of FM 1378 from FM 544 to Brown St.,
and Collin County also has funds available for the project. The City will request reimbursement from Collin
County for the cost to relocate the water line.
Approved By
Initial Date
Department Director CH 1/30/08
City Manager NVk !off
Page 1 of 1
RESOLUTION NO. 2008-06(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE NORTH TEXAS MUNICIPAL
WATER DISTRICT FOR THE RELOCATION OF APPROXIMATELY
3,400 LINEAR FEET OF 14-INCH WATER PIPELINE LOCATED
ALONG THE WEST SIDE OF FM 1378.
WHEREAS, the North Texas Municipal Water District (NTMWD) currently has an existing
14-inch water transmission pipeline from the City of Wylie to the City of Plano, a portion of which
parallels the west right-of-way of FM 1378 from Brown Street to FM 544 within the Wylie city limits;
and
WHEREAS, the City of Wylie, Texas owns the property on both sides of the current alignment
of FM 1378 from Brown Street to FM 544; and
WHEREAS, the City of Wylie currently has plans for the construction of certain facilities,
including a new City Hall and Recreation Center, in the area of the current alignment of FM 1378
between Brown Street and FM 544; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS;
SECTION 1. That the City of Wylie, in cooperation with Collin County and/or TxDOT
currently has plans for the construction of a new alignment of FM 1378 between Brown Street and FM
544 which will require the relocation of approximately 3,400 feet of the 14-inch North Texas
Municipal Water District (NTMWD) water transmission pipeline.
SECTION 2. That the City of Wylie and NTMWD want to enter into an agreement for
reimbursement to NTMWD of the cost for relocation of a portion of the existing NTMWD water
pipeline from Brown Street to FM 544 along the west right-of-way of FM 1378.
SECTION 3. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, the 12th
day of February, 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2008-06(R)
Interlocal Agreement—NTMWD
Relocation of pipeline
The State of Texas }
County of Collin }
INTERLOCAL AGREEMENT
FOR
WATER PIPELINE
WHEREAS,North Texas Municipal Water District (NTMWD) currently has an existing 14-
inch water transmission pipeline from Wylie to Plano, a portion of which parallels the west right-of-
way of FM 1378 from Brown Street to FM 544 within the Wylie city limits.
WHEREAS,the City of Wylie, Texas(Wylie) owns the property on both sides of the current
alignment of FM 1378 from Brown Street to FM 544.
WHEREAS, Wylie currently has plans for the construction of certain facilities, including a
new City Hall and Recreation Center, in the area of the current alignment of FM 1378 between Brown
Street and FM 544.
WHEREAS, Wylie, in cooperation with Collin County and/or TxDOT, currently has plans
for the construction of a new alignment of FM 1378 between Brown Street and FM 544 which will
require the relocation of approximately 3,400 feet of the 14-inch NTMWD water transmission
pipeline.
WHEREAS, Wylie and NTMWD want to enter into an agreement for reimbursement to
NTMWD of the cost for relocation of a portion of the existing NTMWD water pipeline from Brown
Street to FM 544 along the west right-of-way of FM 1378, hereinafter called the"Project".
WHEREAS,the Wylie City Council has approved funding for the Project.
NOW, THEREFORE, THIS AGREEMENT is hereby made and mutually entered into by
Wylie and NTMWD for the mutual consideration stated herein as follows:
WITNESSETH:
ARTICLE I.
Wylie hereby agrees to the following:
1. Provide an easement for NTMWD's pipeline relocation adjacent and parallel to the west right-
of-way of the relocated section of FM 1378 that is within property owned by the City.
2. At the request of the NTMWD, reimburse the NTMWD for the costs associated with the
relocation of approximately 3,400 feet of NTMWD's 14-inch water transmission pipeline. The
estimated cost of the pipeline relocation project is estimated to be $474,900. The City's
obligation shall be based on unit price bid by the lowest qualified construction contractor to
whom NTMWD shall approve and award the project construction contract and on the
appurtenances.
ARTICLE II.
NTMWD hereby agrees to the following:
INTERLOCAL AGREEMENT Page 1
1. Provide for the engineering, plans, specifications, inspection, construction and administration
of the project.
2. Prepare easement documents to be executed by the City of Wylie and NTMWD.
3. Allow Wylie's representative (or inspector) access at any time to inspect areas of work being
performed.
4. Request in writing, reimbursement for the pipeline relocation including engineering, plans,
specifications, inspection,construction and administration of the project.
Executed this 12th day of February, 2008, by the City of Wylie, pursuant to City Council
Resolution No. 2008-06(R), and executed this day of , 2008, by North
Texas Municipal Water District.
CITY OF WYLIE,TEXAS
Mindy Manson, City Manager
Carole Ehrlich, City Secretary
NORTH TEXAS MUNICIPAL WATER DISTRICT
James M. Parks,Executive Director
INTERLOCAL AGREEMENT Page 2
NORTH TEXAS MUNICIPAL WATER DISTRICT
DECEMBER 2007 ADMINISTRATIVE MEMORANDUM NO. 3106
REGIONAL WATER SYSTEM
WYLIE TO PLANO 14-INCH WATERLINE RELOCATION
ALONG FM 1378 FROM BROWN STREET TO FM 544
PROJECT NO. 121
PROJECT AUTHORIZATION
AND
ENGINEERING SERVICES AGREEMENT
The purpose of this administrative memorandum is to outline the nature of a relocation of
portions of the 14-inch Wylie to Plano waterline, to request project authorization, and to
request authorization to enter into an engineering services agreement with Birkhoff,
Hendricks&Conway,LLP, (BH&C)in the amount of$42,900 contingent upon approval
of an interlocal agreement with the City of Wylie.
REVIEW
The City of Wylie, Collin County, and Texas Department of Transportation are planning
improvements and realignment to FM 1378 from Brown Street on the west side of Wylie
to FM 1378 near the Wylie High School. The highway will be widened from two lanes to
six lanes and the alignment will be shifted to the west as much as 600 feet. The majority
of the realignment will occur on property owned by the City of Wylie.
The NTMWD owns and operates one 14-inch water transmission pipeline in this area.
The majority of the length of pipeline is located in a 30-foot wide private easement
located adjacent to the existing west FM 1378 right-of-way. The NTMWD has been
asked to relocate our pipeline as required for the proposed highway improvements and
realignment. This will require acquisition of a new easement and construction of new
pipeline. Approximately 3,400 feet of 14-inch waterline will be affected by the
improvements to FM 1378. The estimated construction cost for this relocation project is
$412,000. The total estimated project cost is$474,900 and is estimated as follows:
Engineering Fee $ 30,900
Special Services 12,000
Construction Cost 412,000
Inspection 20.000
Total $474,900
ENGINEERING
The NTMWD staff met with BH&C to discuss engineering design of the project.BH&C
has designed numerous lift stations, sewer pipeline and water pipeline projects for the
District in the past. BH&C has proposed to perform the design engineering services and
construction phase services in the lump sum amount of$30,900. They have proposed to
ADMINISTRATIVE MEMORANDUM NO. 3106
PAGE 2
perform the required special services in an amount not to exceed$12,000. Included in the
special services is the cost for easement document preparation. The total fee proposed by
BH&C is$42,900. It is the opinion of the Executive Director and NTMWD staff that this
cost is fair and reasonable for the work involved. An interlocal agreement was developed
with the City of Wylie to provide reimbursement to NTMWD for the actual cost of
engineering, construction, contract administration, and inspection (Administrative
Memorandum No. 3105). The project would be constructed by NTMWD then
reimbursed by the City. The initial funding is available in the Regional Water System
Construction Fund.
RECOMMENDATION
It is the recommendation of the Executive Director and NTMWD staff that the Board of
Directors: 1) authorize the Wylie to Plano 14-inch waterline relocation along FM 1378
from Brown Street to FM 544, Project No. 121; and, 2) authorize the Executive Director
to execute an engineering services agreement with Birkhoff, Hendricks & Conway, LLP,
in the amount of$42,900 contingent upon approval of an interlocal agreement with the
City of Wylie. This will be an item on the regular agenda of the December 2007 Board
meeting.
NORTH TEXAS MUNICIPAL WATER DISTRICT
DECEMBER 2007 ADMINISTRATIVE MEMORANDUM NO. 3106
REGIONAL WATER SYSTEM
WYLIE TO PLANO 14-INCH WATERLINE RELOCATION
ALONG FM 1378 FROM BROWN STREET TO FM 544
PROJECT NO. 121
PROJECT AUTHORIZATION
AND
ENGINEERING SERVICES AGREEMENT
The purpose of this administrative memorandum is to outline the nature of a relocation of
portions of the 14-inch Wylie to Plano waterline, to request project authorization, and to
request authorization to enter into an engineering services agreement with Birkhoff,
Hendricks&Conway, LLP, (BH&C) in the amount of$42,900 contingent upon approval
of an interlocal agreement with the City of Wylie.
REVIEW
The City of Wylie, Collin County, and Texas Department of Transportation are planning
improvements and realignment to FM 1378 from Brown Street on the west side of Wylie
to FM 1378 near the Wylie High School. The highway will be widened from two lanes to
six lanes and the alignment will be shifted to the west as much as 600 feet. The majority
of the realignment will occur on property owned by the City of Wylie.
The NTMWD owns and operates one 14-inch water transmission pipeline in this area.
The majority of the length of pipeline is located in a 30-foot wide private easement
located adjacent to the existing west FM 1378 right-of-way. The NTMWD has been
asked to relocate our pipeline as required for the proposed highway improvements and
realignment. This will require acquisition of a new easement and construction of new
pipeline. Approximately 3,400 feet of 14-inch waterline will be affected by the
improvements to FM 1378. The estimated construction cost for this relocation project is
$412,000. The total estimated project cost is$474,900 and is estimated as follows:
Engineering Fee $ 30,900
Special Services 12,000
Construction Cost 412,000
Inspection 20,000
Total $474,900
ENGINEERING
The NTMWD staff met with BH&C to discuss engineering design of the project. BH&C
has designed numerous lift stations, sewer pipeline and water pipeline projects for the
District in the past. BH&C has proposed to perform the design engineering services and
construction phase services in the lump sum amount of$30,900. They have proposed to
ADMINISTRATIVE MEMORANDUM NO. 3106
PAGE 2
perform the required special services in an amount not to exceed$12,000. Included in the
special services is the cost for easement document preparation. The total fee proposed by
BH&C is$42,900. It is the opinion of the Executive Director and NTMWD staff that this
cost is fair and reasonable for the work involved. An interlocal agreement was developed
with the City of Wylie to provide reimbursement to NTMWD for the actual cost of
engineering, construction, contract administration, and inspection (Administrative
Memorandum No. 3105). The project would be constructed by NTMWD then
reimbursed by the City. The initial funding is available in the Regional Water System
Construction Fund.
RECOMMENDATION
It is the recommendation of the Executive Director and NTMWD staff that the Board of
Directors: 1) authorize the Wylie to Plano 14-inch waterline relocation along FM 1378
from Brown Street to FM 544,Project No. 121; and, 2) authorize the Executive Director
to execute an engineering services agreement with Birkhoff, Hendricks & Conway, LLP,
in the amount of$42,900 contingent upon approval of an interlocal agreement with the
City of Wylie. This will be an item on the regular agenda of the December 2007 Board
meeting.
•
•
, .
. •
, 1
,.,•• -
.... , ,
. .,
' .
:....
1...' ,
.1 ,..
')
' t....
a...
' .... - co
— —• _77'. — 7'. * — — — — _,_.,..... . :7.1,
PROJET
4-', ' 7 ;" '• "' O./
LOCATIN
17. . . .:, , . : ti.:11.. Ae.-• • •...• ........
.....
c - -',,, i. • , •• i :':
vi .•• . ,. . I . ,
E • • .• : I,
et.
t.:* : ' ' ,, cP.,1 • t . 1.1
,
> '
sur .
. ,
n °. ,...
. ... °.....
,..4 . .." .•''',.
. `",,-- . ,_...__
in .. .. ,,:' ' ...
o .
to . . .
' ..../-
.—.
o :
,"''
a".. /
....,' t
",
I.
.
'''O 4.,,4V t Ar"
•tr. 0.' ttg ,
=
'CZ. _..... .
0 .2000
,
iiiialeMI
. .
1... r.C:'-' /'.'
C., 1
NORTH TEXAS MUNICIPAL WATER DISTRICT
- -----m: WYLIE - PLA,NO 1 4" WATER LINE RELOCATION
........._,....- LOCATION MAP
BIRICHOFF,HENDRICKS&CONWAY,L.L.P.
CONSULTING ENGINEERS NOV. 2007
7502 GREENVILLE AVE.. #220
DALLAS. TEXAS 75231 214—361—7900
7; Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 5
(City Secretary's Use Only)
Department: Engineering
Prepared By: Chris Hoisted Account Code:
Date Prepared: January 29, 2008 Budgeted Amount: N/A
Exhibits: Agreement
Subject
Consider, and act upon, an Engineering Services Agreement, in the amount of$62,000, with Halff Associates,
Inc. for the design of the FM 1378 detour.
Recommendation
Motion to approve an Engineering Services Agreement, in the amount of$62,000, with Halff Associates, Inc.
for the design of the FM 1378 detour.
Discussion
The location of the new City facilities is proposed to be just east of the future alignment of FM 1378 and on the
existing alignment of the roadway as shown on the attached site plan. The construction of the new City facilities
is scheduled to begin in August 2008 which is prior to the construction of FM 1378; therefore, a temporary
detour is necessary to allow the construction of all three building to start at the same time.
Halff Associates, Inc. has submitted an Engineering Services Agreement for the design of the detour. The
agreement includes surveying, preliminary engineering and final engineering. Services include developing
horizontal and vertical alignments, pavement structure design, and engineering plans and quantities. Projected
construction cost for the detour is $456,000.
The City of Wylie 1999 Bond Program included $1,032,000 for the design and construction of FM 1378 from
FM 544 to Brown St.
Approved By
Initial Date
Department Director CH 12/21/07
City Manager MN\ \_c c7 S
Page 1 of 1
:EN HALFF
•••
January 18, 2008
1008-07-5058-W064
City of Wylie
949 Hensley Ln.
Wylie, Texas 75098
Attn: Mr. Chris Hoisted
Re: Civil Engineering Services
For Relocation of a Portion of FM 1378
Detour Required for Civic Center Construction
Wylie, Texas
Dear Mr. Hoisted:
Halff Associates, Inc. is pleased to present our proposal for civil engineering services
required for the referenced project. We have identified the areas of work required as follows:
• Schedule I Basic Civil Engineering Services
• Schedule II Fee Summary
We have developed the attached scope of work and fee schedule for the proposed project.
We have also included standard terms and conditions as a contract for execution.
The fees identified shall be considered lump sum fees for the project and will not be
exceeded without your prior approval. Costs incurred will be carefully monitored during the
progress of this project. Our services will be invoiced monthly based on a percent of completion
of the total of lump sum fees. Additional services, if authorized, will be invoiced on an hourly
basis of 2.3 times the salary cost of personnel involved in the project. Direct costs including
printing and reproduction for in-house review and submittal to the City, postage, messenger
service, long distance telephone calls and travel to the job site are invoiced cost times a 1.1
multiplier.
We anticipate the above specified services will be completed in approximately 21/2 to 3
months after receipt of written notice to proceed. This schedule is contingent on timely
resolution of design issues and review of construction documents by the City of Wylie.
Exhibit"A"
I:\1008-07\5058\WO64 City of Wylie\PrCityofWylie 01-18-08.doc
HALFF ASSOCIATES,INC.
1201 NORTH BOWSER ROAD TEL (214)346-6200 WWW.HALFF.COM
RICHARDSON,TX 75061 FAX (214)739-0095
;pp HALFF
City of Wylie
January 18, 2008
Page 2
Unless otherwise stated, fees quoted in this proposal exclude state and federal sales taxes
on professional services. Current Texas law requires assessment of sales tax on certain kinds of
surveying services,but does not require sales taxes on other professional services. In the event
that new or additional state or federal taxes are imposed on the professional services provided
under this contract during the term of the work, such taxes will be added to the applicable
billings and will be in addition to the quoted fees.
Attachment "A" indicates items not included in this proposal that can be provided by
Halff Associates, Inc. for additional fees. Attachment "B" provides standard terms and
conditions that can be used as a form of contract. The fees quoted in this proposal will be
honored for up to 45 days from the date of this proposal.
We trust this proposal meets your requirements for this project. We appreciate the
opportunity to be of service to the City of Wylie and trust that our association on this project will
be mutually beneficial. If this proposal meets with your approval, please execute Attachment
"B". Return one (1) copy as notification to proceed, approval of the budget and agreement to fee
schedule and basis of compensation. Please feel free to contact us if you have any questions or
comments concerning this matter.
Yours very truly,
HALFF ASSOCIATES,INC.
B. David Littleton, P.E.
Vice President
Exhibit"A"
ATTACHMENT "A"
The proposed scope of services does not include:
1. Design of utility modifications and/or coordination with utility owners.
2. Environmental services.
3. Construction phase services.
4. Construction staking.
5. Right-of-way and easement document preparation or right-of-way acquisition
services .
6. Tree survey.
7. Lighting and/or signalization.
8. Railroad crossing facilities and/or coordination with railroad.
9. Flood plain studies or flood plain reclamation plans.
10. Modifications to existing bridge at Muddy Creek.
11. Retaining wall design.
12. Landscaping, irrigation or tree mitigation plans.
13. TDLR submittal and associated review fee.
14. Record drawing preparation.
ATTACHMENT "B"
STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT EFFECTIVE THE LATEST DATE OF EXECUTION AS PROVIDED BELOW BETWEEN
CITY OF WYLIE(CLIENT),AND HALFF ASSOCIATES,INC.(ENGINEER).
I. SCOPE in full, Engineer grants to Client an exclusive license to all
Halff Associates, Inc. (hereinafter"Engineer")agrees to perform drawings, instruments and data produced in connection with
the services described in the attached Scope of Services, Engineer's performance of the work under this Agreement.Said
Exhibit A, which incorporates these terms and conditions. drawings, instruments and data may be copied, duplicated,
Unless modified in writing by the parties hereto, the duties of reproduced, used and disclosed by Client for any purposes
Half shall not be construed to exceed those services specifically Client deems appropriate in connection with the work under this
set forth in the Scope of Services. The Scope of Services and Agreement. Client agrees that such documents are not
these General Terms and Conditions, when executed by CITY intended or represented to be suitable for reuse by Client or
OF WYLIE (hereinafter "Client"), shall constitute a binding others for purposes outside the Scope of Services of this
Agreement on both parties. Agreement. Any reuse by Client, or by those who obtain said
information from Client,without written verification or adaptation
II. COMPENSATION by Engineer will be at Client's sole risk and without liability or
Client agrees to pay monthly invoices or their undisputed legal exposure to Engineer, Engineer's subconsultants or
portions within 30 days of receipt. Payment later than 30 days independent associates. Client shall indemnify Engineer,
shall include interest at 1-1/2 percent per month or lesser Engineer's subconsultants and independent associates for all
maximum enforceable interest rate, from the date the Client damage, liability or cost arising therefrom. Engineer may reuse
received the invoice until the date Engineer receives payment. all drawings, reports, data and other information developed in
Such interest is due and payable when the overdue payment is performing the services described by this Agreement in
made. Engineer's other activities.
it is understood and agreed by the parties that receipt of VI. INDEMNIFICATION
payment(s)by Engineer from Client is in no way contingent upon Engineer agrees to indemnify and hold Client harmless from any
Client's receipt of payment,funding,reimbursement or any other actual damage, liability or costs, including reasonable attorney's
remuneration from others. fees and expenses, to the extent caused directly by a negligent
act or omission or willful misconduct of Engineer, Engineer's
Time-related charges will be billed as specified in this subconsultants or those for whom Engineer is legally liable, in
Agreement. Unless stated otherwise in this Agreement, direct the performance of the professional services which are the
expenses will be billed at actual cost times a 1.1 multiplier and subject of this Agreement.
subcontracted services and costs will be billed at actual cost
plus a service charge of 10 percent. Mileage incurred will be In the event that Client is found to be concurrently negligent,
billed at current IRS rates. Engineer shall not indemnify for the proportionate negligence of
Client, but shall indemnify for the portion of negligence solely
III. RESPONSIBILITY attributable to Engineer, its agents, servants, employees, and
Engineer is employed to render a professional service only, and subcontractors of any tier, their agents, servants and
any payments made by Client are compensation solely for such employees.
services rendered and recommendations made in carrying out
the work. Engineer shall follow the standard practices of the Neither party shall be liable to the other for incidental or
engineering profession to make findings,provide opinions,make consequential damages, whether or not the possibility of such
factual presentations, and provide professional advice and damages has been disclosed or could have been reasonably
recommendations. Engineer shall not be required to provide any foreseen.
certification, assignment or warranty of its work but, upon
request and for a separate fee, Engineer may provide written The parties shall indemnify one another against damages of
statements regarding its services under this Agreement. Such third parties recoverable from the indemnitee to the extent
statements shall be in a form acceptable to Engineer and shall caused by the comparative negligence of the indemnitor. Such
be requested with sufficient advance notice to allow Engineer to negligence shall be measured by standards in effect at the
review the documents and prepare a suitable statement. time services are rendered, not by later standards.All legal
actions by either party against the other arising out of or in
Engineer's review or supervision of work prepared or performed any way connected with the services to be performed
by other individuals or firms employed by Client shall not relieve hereunder shall be barred and under no circumstances
those individuals or firms of complete responsibility for the shall any such claim be initiated by either party after three
adequacy of their work. (3) years have passed from the date of issuance of the
Certificate of Completion, unless the Engineer's services
It is understood that any resident engineering or inspection shall be terminated earlier, in which case the date of
provided by Engineer is for the purpose of determining termination of this Agreement shall be used.
compliance with the technical provisions of the project
specifications and does not constitute any form of guarantee or Client acknowledges Engineer may perform work at facilities that
insurance with respect to the performance of a contractor. may contain hazardous materials or conditions, and that
Engineer does not assume responsibility for methods or Engineer had no prior role in the generation,treatment,storage,
appliances used by a contractor,for safety of construction work, or disposition of such materials. In consideration of the
or for compliance by contractors with laws and regulations. associated risks that may give rise to claims by third parties or
employees of Client, Client agrees to indemnify, defend, and
IV. SCOPE OF CLIENT SERVICES hold Engineer harmless (including attorneys'fees)from any and
Client agrees to provide site access, and to provide those all losses, damages, claims, or actions brought by any third
services described in the attached Scope of Services. party or employee of Client against Engineer or Engineer's
employees, agents, officers or directors, in any way arising out
V. OWNERSHIP OF DOCUMENTS of the presence of hazardous materials at the facilities, except
Upon Engineer's completion of services and receipt of payment
I:\1008-07\5058\W064 City of Wylie\Agreement.doc Page 1 of 2
Revised December 9,2005
HALFF ASSOCIATES, INC.
General Terms and Conditions(continued)
for claims shown by final judgment of a court of competent
jurisdiction to arise out of the sole negligence of Engineer. XIII. TERMINATION OF WORK
Either the Client or the Engineer may terminate this Agreement
VII. INSURANCE at any time with or without cause upon giving the other party ten
Engineer shall maintain during the life of the Agreement the (10) calendar days prior written notice. Client agrees that
following minimum insurance: termination of Engineer for Client's convenience shall only be
A. Commercial general liability insurance, including personal utilized in good faith, and shall not be utilized if the purpose or
injury liability, blanket contractual liability, and broad form result is performance of all or part of Engineer's services under
property damage liability. The limit shall be not less than this Agreement by Client or by another service provider. The
$1,000,000. Client shall within ten (10) calendar days of termination pay the
B. Automobile bodily injury and property damage liability Engineer for all services rendered and all costs incurred up to
insurance with a limit of not less than$1,000,000. the date of termination, in accordance with the compensation
C. Statutory workers' compensation and employers' liability provisions of this contract.
insurance as required by state law.
D. Professional liability insurance. XIV. TAXES
The fees and costs stated in this Agreement, unless stated
VIII. SUBCONTRACTS otherwise, exclude all sales, consumer, use and other taxes
Engineer shall be entitled, to the extent determined appropriate which are promulgated following execution of this Agreement.
by Engineer,to subcontract any portion of the work described in Client agrees to reimburse Engineer and its subconsultants for
the Scope of Services. the taxes paid by Engineer and its subconsultants in accordance
with the laws and regulations of the applicable taxing authorities.
IX. ASSIGNMENT
This Agreement is binding on the heirs,successors,and assigns XV. ALTERNATIVE DISPUTE RESOLUTION
of the parties hereto. Neither this Agreement, nor any claims, Any conflicts that arise during the work described by this
rights, obligations or duties associated hereto,shall be assigned Agreement or following the completion thereof shall be
or assignable by either Client or Engineer without the prior submitted to nonbinding mediation unless the parties agree
written consent of the other party. otherwise. The parties further agree to require all independent
contractors and consultants retained in connection with this
X. INTEGRATION Agreement to include a similar mediation provision in all
These terms and conditions and the letter agreement(Scope of Agreements with subcontractors, subconsultants, suppliers or
Services) to which they are attached represent the entire fabricators.
understanding of Client and Engineer as to those matters
contained herein. No prior oral or written understanding shall be XVI.SEVERABILITY
of any force or effect with respect to those matters covered In case any one or more of the provisions contained in this
herein.The Agreement may not be modified or altered except in Agreement shall for any reason be held to be void, invalid,
writing signed by both parties. illegal, or unenforceable in any respect, such voiding, invalidity,
illegality, or unenforceability shall not affect any other provision
XI. JURISDICTION AND VENUE hereof and this Agreement shall be considered as if the entirety
This Agreement shall be administered and interpreted under the of such void, invalid, illegal, or unenforceable provision had
laws of the State in which the Engineer's office performing the never been contained in this Agreement.
majority of the work described in the Scope of Services is
located.Jurisdiction of litigation arising from the Agreement shall XVILTIMELINESS OF PERFORMANCE
be in that State. If any part of the Agreement is found to be in The Engineer will perform its services with due and reasonable
conflict with applicable laws, such part shall be inoperative, null diligence consistent with sound professional practices.
and void insofar as it is in conflict with said laws, but the
remainder of the Agreement shall be in full force and effect. XVIII. WAIVER
Exclusive venue shall lie in the county in which the Engineer's Any failure by Engineer to require strict compliance with any
office performing the majority of the work described in the Scope provision of this Agreement shall not be construed as a waiver of
of Services is located. such provision, and Engineer may subsequently require strict
compliance at any time, notwithstanding any prior failure to do
XII. SUSPENSION OF SERVICES so.
A. If work under this Agreement is suspended for more than
thirty (30) calendar days in the aggregate, the Engineer APPROVED:
shall be compensated for services performed and charges
incurred prior to receipt of notice to suspend and, upon Engineer: HALFF ASSOCIATES,INC.
resumption, an equitable adjustment in fees to Signature: (1-) .Q_ `
accommodate the resulting demobilization and mobilization
costs. In addition,there shall be an equitable adjustment in Typed or Printed Name: B.David Littleton,P.E.
the work schedule based on the delay caused by the Title: Vice President
suspension. If work under this Agreement is suspended for
more than ninety (90) calendar days in the aggregate, the Date: 1' k D'O
Engineer may,at its option,terminate this Agreement upon
giving notice in writing to the Client. Engineer may request APPROVED:
that the work be suspended by notifying Client,in writing,of
circumstances that are interfering with normal progress of Client: CITY OF WYLIE
the work.
B. If the Client fails to make payments when due or otherwise Signature:
is in breach of this Agreement,the Engineer may suspend Typed or Printed Name:
performance of services upon five (5)calendar days notice
to the Client. The Engineer shall have no liability Title:
whatsoever to the Client for any costs or damages as a Date:
result of such suspension caused by any breach of this
Agreement by the Client.
I:\1008-07\5058\W064 City of Wylie\Agreement.doc Page 2 of 2
Revised December 9,2005
SCHEDULE I
CITY OF WYLIE
SURVEYING AND CIVIL ENGINEERING SERVICES FOR
TEMPORARY ROADWAY DETOUR
FOR FM 1378 (COUNTRY CLUB ROAD)
We have assumed FM 1378 will be taken off-system prior to design and construction of the
proposed facilities. The proposed design will be coordinated with and reviewed by the City of
Wylie.
1. Survey and Preliminary Engineering Services include the following:
• Develop preliminary horizontal and vertical alignments and typical section for temporary
roadway and present to City of Wylie. Refine alignments and typical section if needed.
We have assumed the design speed for the temporary roadway will be 25 mph.
• Recover and verify internal (with respect to each other) integrity of existing survey
control. Supplement survey control as needed for acquisition of additional survey data
for the design of temporary roadway. Survey existing pavement at locations where
proposed temporary roadway ties into existing FM 1378 pavement (approximately 600 if
total). Implement temporary traffic control measures required to survey the existing
pavement. The design of the remainder of the temporary roadway will rely on the
previously acquired aerial survey. Append field survey data to previously acquired
aerial planimetrics base file and modify linework as needed. Check for vertical
discrepancies will be performed. We assume the digital terrain model is complete and
does not contain gaps in data required for the design of the proposed temporary roadway
and associated facilities. It is assumed right of entry to survey is granted by City of
Wylie.
• Acquire record plans for existing FM 1378 facilities from TxDOT. Existing right of way
limits will be based solely on record right of way maps provided by TxDOT.
• Acquire from TxDOT existing traffic data including vehicle classifications for FM 1378.
Estimate vehicular traffic volumes for construction vehicles for construction of proposed
Wylie Municipal Complex. Estimate temporary pavement loading repetitions for
combined vehicular volumes and convert to 18 kip equivalent single axle load(ESAL)
repetitions. Review with City of Wylie staff and obtain concurrence for the pavement
structure design parameters. The design life for the pavement structure will be
established by the City of Wylie.
• We will use the geotechnical consultant for the Wylie Civic Center Project to provide two
soil borings along the proposed temporary roadway alignment to determine subgrade
characteristics and develop design parameters including Structural Numbers for
pavement layers for the design of the pavement structure for the temporary roadway
pavement. Geotechnical investigation will include testing for existing soluble sulfates
and recommendations for subgrade treatment should high soluble sulfate concentrations
be encountered.
2. Temporary Roadway Design Engineering Services include the following:
• Design pavement structure for temporary roadway pavement.
• Design final horizontal and vertical alignments and paving layouts for temporary
roadway It is assumed no other construction will be ongoing during construction of the
proposed temporary roadway therefore the proposed temporary roadway will be
designed to conform to existing facilities only (while avoiding planned Wylie Municipal
Complex facilities).
• Develop existing and proposed roadway typical sections.
• Develop removal items layout for existing pavement and facilities to be removed.
• Design horizontal and vertical alignments for longitudinal swales along temporary
roadway.
• Develop Geopak earthwork cross sections at 100'stations.
• Develop drainage area map for upland areas contributing runoff to the realigned
roadway to the confluence with Muddy Creek. Runoff coefficients will be based on
existing development conditions modified to include the planned Wylie Municipal
Complex facilities. Estimate discharge to proposed longitudinal swales. Verify swales'
hydraulic conveyance capacities. Design cross culverts if needed.
• Prepare Erosion Control Plan and Develop SWP3. It is assumed notices and permits
will be performed/acquired by others.
• Field inventory existing signs and design proposed signing layout.
• Design pavement marking layout.
• Develop construction sequence and maintenance of traffic scheme and present to City of
Wylie for approval. Design detailed traffic control plans. The scope of services does not
include review and evaluation of an alternate traffic control plan developed by the
contractor.
• Develop miscellaneous details as needed to define the proposed construction if not
addressed by standards and specifications.
• Prepare general notes and references to relevant City of Wylie construction
specifications. Acquire relevant City of Wylie standard drawings and modify as needed.
It is assumed TxDOT standards and specifications will be used for the design if required
standards and specifications are not available from the City of Wylie. Prepare special
specifications if needed.
• Calculate quantities and prepare summary tables.
• Prepare statement of probable construction cost.
The proposed lump sum fee for the above specified services is $62,000. The project will be
invoiced on a monthly basis for the percent complete of the established services.
Direct Expenses such as mileage,printing and reproduction,postage, and messenger service will
be billed separately at cost times a 1.1 multiplier. We have allocated a budget of$3,000 for
Direct Expenses.
SCHEDULE II
FEE SUMMARY
Engineering Fees for Relocation of a Portion of FM 1378
Detour Required for Civic Center Construction
Wylie, Texas
January 18, 2008 (I:\1008-07-5058-W064\PrelimFeeEstl - 01-18-08.xls)
Roadway:Length: 1,800 LF
Site Area (Acres):. N/A
I. Survey and Preliminary Engineering Services INCLUDE TOTAL SPECIAL
(1=Y,0=N) SERVICE FEE
Survey Mapping 1 INCL
Geotechnical Investigation 1 INCL
Data Acquisition and Preliminary Design 1 INCL
Total Survey and Preliminary Engineering Services ;$15,000.
II. Temporary Roadway Design Services INCLUDE LUMP SUM
(1=Y,0=N) FEE
Total Temporary,:Roadway".Design Services $47;000Y ,
Direct Expense $3,000
TOTAL ESTIMATED ENGINEERING AND SURVEYING $65,000
See Attachment "A" for items not included in fee estimate.
I:\1008-07\5058\WO64 City of Wylie\PrelimFee Est1 01-18-08.xls
u
t
A cc' 1�It a. iar.A, , d' II
/ --
IC M � t
911
r f '9
I
— - ��` 1 � ���y � ��� (�t�� ,
l / 1 8 N:1 l Lam, �Y�--. ,`�
r/',."'.7 1.4,...--.,„ i -10): _ (1-,--'_-,"2-11144\- -,1 I I t•,,,•-? ' yi 1 ,f i
it A �°'i A `i` _
-- _ !L_ � � �; j mot - a� C , .�.� I'�,I 11 I 3'- r z1C ; —+— R
tA 3..---10.- ---Z
,
v
NOT F O R C O N S T R U C T I O N g' p @
r1 i 'i a YRTZ7 ` C V C C E JT` I1'itlf dill,iiiii 1111{11;Mill iltTill
�����I
1 rI 5
2! �; 1,!,Il� „ TOPOGRAPHY MAP Et BOUNDARY SKETCH i E_, i'1 1: a 4 €i"
R&M=
?AB=.....
_--
N
."-:,:,......."—
-
—^=3.-....
/ i ,
I I
1 7-2."....•eiz..—,
_
//;ilk 41/f4 / s" • .--
rx"""
iv ,11' • / '. P _ - E- -'___ ow,nrromm-vi-
ro-e-T--,,,--
WTT".•'"" 'M. , .,/*, ... 4, 1 tE,'., ..,.5,c>1'''' E4{, , .','-'-•-•'- ' -,
i ; , - ?,//," / /// ,,• Lk E. ,,:tg,..._ - HD ---" ,,-, - ;
ii
riirm mtaTal
,-,
,..,
/ /77% •-/ , 'Y Y §- 0 Ziit 0 . I
/
/7,-."/-/if,/:,l
/ ' " , • - —1.,.0...17&.-...„=.,..-..,q..:.F/ lr / , zx.-.-.2-,_74..1.:.-
z/ ' _ 2 r o/6643,=`
1 ...„....,..„.......--"-- w
z
0
L.
„.
\
I
- CL
/' '( * ' //'/, ' °It%.% 1 III, 17 % //, ' ,,,,,, •'',/ ) , ,--- aztr-:=4:-'-'" . ,,„
2 -4', •, /,4 „ - i\,,,1-- , / ',',/1,._•7,--,,/,,, /.• ,,, ,,, / 7--- . "--
,/ ot 1 z, '
_
, ••%•-:, ,
- Z
, )17\; - ' ,
\ - -27 ,v, , ,, •
,•'' \ ' , 1
. ,,,•., 2' - -,` --\ :\ 1 ---e/-
//,---7
>
- ..<
_I-
-1- ',' _ -
' C".14%-447L' /7444'v":-
- 4 .___Z-- TH '''. , 'XX XXxx>' -r
OCRITLXAS
...., , ,.. ),h 1, 1 -
„L__
--, - /.io i -
.r.
,
....
,31
1====so
Wil------- --4
C-2.01
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 6
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code:
Date Prepared: January 29, 2008 Budgeted Amount: N/A
Exhibits: 3
Subject
Consider, and act upon, Resolution No. 2008-07(R) recommending a project funding schedule for the 2007
Collin County Bond Projects.
Recommendation
Motion to approve Resolution No. 2008-07(R) recommending a project funding schedule for the 2007 Collin
County Bond Projects.
Discussion
The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which
included five street projects in the City of Wylie. Collin County has asked Cities to submit a project funding
schedule identifying the funds needed for each project over the next five years. The County expects to sell
bonds yearly with the first issuance being in the first quarter of this year. The five projects identified in the City
of Wylie are:
1. Brown Street from FM 1378 to Ballard Avenue
2. McMillen Road from McCreary Road to FM 1378
3. Stone Road from Akin Land to County Line Road
4. Ballard Street from Alanis to the County Line
5. Right of way acquisition for Park Blvd. from Parker Road to Spring Creek Parkway.
Approved By
Initial Date
Department Director CH 1/30/08
City Manager ;1`\'
Page 1 of 1
RESOLUTION NO. 2008-07(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, TO RECOMMEND A PROJECT FUNDING
SCHEDULE FOR THE 2007 COLLIN COUNTY BOND PROJECTS.
WHEREAS, the voters of Collin County approved the 2007 Collin County Bond
Program in November 2007; and
WHEREAS, the bond program included three City of Wylie projects totaling $13,624,
375; and
WHEREAS, the bond program included two Collin County projects within the city
limits of Wylie totaling $6,530,000; and
WHEREAS, the proposed projects will increase mobility throughout the City and
provide opportunities for increased retail and commercial development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS;
SECTION 1. That the City of Wylie City Council recommends the project funding
schedule as shown in Exhibit"A".
SECTION 2. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
the 12th day of February, 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2008-07(R)
Project Funding Schedule for
2007 Collin County Bond Projects
EXHIBIT "A"
Project Funding Schedule
PROJECT FUNDING SCHEDULE
2007 COLLIN COUNTY BOND PROGRAM r+ k
. _.::-4 :,: ...,,- t-.,y".-.» . . .....:� C,°..�t 7'R: w -�"�.T�'� ti �{,^�.a. �x aman._ , s�gy. ,fia_��:' r ;YC�Gfi�C.". �n.��-, ' i�l LFJr�d0;
'.' G..tc r '- v .w=1A.�}3 a�. S:,• • P 1.r„_!' ,s...„ T'..:,^ ,§ P.�:. } �.,�'.}. ^`r_� V _ -�W Yn� ..fr��.. 7R�d .; ��: "i�. '�. s
.;<Y! � _, V'r.o ... ::�L' � .r.�"$. ...:.���. ,.,.� , .,... ,:< �x,:.... " •x 9G.;r� ';�� ::,�, a, r �;:�, � I�ab4..
tfi
Wylie001 Brown Street-FM 1378 to Ballard Avenue $4,453,750 $4,453,750 Yes
-Project currently under design.
Wylie002 McMillan Rd (Park Blvd)-McCreary Rd.to FM 1378 $500,000 $500,000 $3,149,375 $4,149,375 No
-City request Collin County begin design and
right-of-way acquisition.
Wylie004 Stone Road-Akin Ln.to County Line Rd. $5,021,250 $5,021,250 Yes
-Request County funds for construction.
CC006 CR 819(Ballard St)-Alanis Rd.to County Line $500,000 $500,000 $4,400,000 $5,400,000 No
-City request Collin County begin design and
right-of-way acquisition.
CC007 Park Blvd-FM 2514(Parker Rd.)to Spring Creek Pkwy $750,000 $380,000 $1,130,000 No
-City request County begin right-of-way acquisition
TOTAL $1,750,000 $5,833,750 $0 $9,421,250 $3,149,375 $20,154,375
Collin County 2007 Bond Program
Transportation
Project Shortlist(Tier 1 Projects)
July 11,2007
P,olr.rl oesclip0on cost ere3kdnx.o Initial Screening T,nftiC E,321396n
9,ni66t Limit. 0'l YC C 6 6t T 1-1 Cast .4612(Cost
1.0. L(1Il1 PlyOr, L-011111,, Totcl Protect Oth„ C06162
No_ ;P n County Alm Ol 5O Let,/ 2039
G t;Part Paho F to IS 1 EfP ncy
Rnnl Na ne F,,,in (m, 6,..;) PD„- Pnrti'at o Part r oto T Pl3 2 C363 11' I f P r" 5 26.2 ADT t..ot
1.'.,pol
0) (2( (3) 141 (5, (6) (7) (21 (91 (10) ,111 (12) (13) (14) 115) (16) (17) (18) (19) (20) (21) (22) (23)
All Projects 5484,716,862 560,687,000 8188A21,681 8236,607,181
City Projects I 6416,643,302 $32,700,000 S188,421,681 5195,521,581
!City of Allen I 528.500,000 $0 614,250,000 $14,250,000
Allen001 1 Chaparral Persimmon Court Brook Ridge Ave 0.27 New Arterial 0 2 2008 52,160.000 $1,080,000 $1,080,000 Yes Yes Yes Yes Yes 9,400 N/A 866.63 433.31
Allen002 2 Ridgeview Custer Rd Twin Creek Dr 1.84 New Arterial 0 4 2008 $15,800,000 57,900.000 $7,900,000 Yes Yes Yes Yes Yes 21,000 N/A 409.54 204.77
AIIer6203 3 Exchange Exchange Overpass et SH 121 N/A Engineering 0 1 6 2009 $900,000 5450.000 $450,000 Yes Yes ( Yes Yes Yes N/A N/A N/A N/A
Allen004 4 Bethany Allen Heights Dr Angel Pkwy 1.53 Widening 4 I 6 2010 $2.500,000 $1,250.000 $1,250,000 Yes Yes Yes Yes Yes 6,200) 0.21 262.84 131.42
Allen005 5 Wafters Bossy Boots Rid0eview Dr 1.55 Widening 2 4 2008 $2.600,000 S1.300,000 $1,300,000 Yes Yes Yes Yes Yes ( 30,700 2.92 54.53 I 27.27
Allen006 6 Starry Rd Angel Pkwy IFM 1378 1.02 Engineering I 2 4 2011 $960,0001 $490,000 5490,000 Yes Yes Yes Yes Yes 33,100 3.15 28.95 14.47
AIIen007 7 US 75 Rldgeview Interchange 1 N/A Eneineerlrg 2 8 2011 $1,500,000 $750.000 $750,000 Yes Yes Yes Yes Yes N/A NIA N/A N/A
Allen008 8 Ridgeview Stacy Rd US 75 2.23 Engineering 2 I 4 2011 52,060.000 51,030,000 $1,030,000 Yes Yes Yes Yes Yes 1 15,900 1.51 58.10 29.05
I (City of Anne I ( $8,233,750 S0 $4,118,875 S4,115,575 I
Anna001 1 Mantua Rd/CR 371 SH 5(N.Powell Pkwy) US 75 1.89 Reconstruction 2 ' 4, 2009 $6,600,000 $3.300,000 $3,300,000 Yes Yes Yes Yes Yes I 25,100( 239 138.84 69.42
Anna002 2 Rosamond Pkwy SH 5(N.Powell Pkwy) US 75 1.98 Engineering/ROW 1 2 i 4 2009 $519,750 $259,875 $259,875 Yes Yes Yes Yes Yes 46.600) 4.44 5.63 2.82
Anna003 3 FM 455(W.White St) US 75 East Fork Creek 3,03 Engineering/ROW 2 I 4 2009 5520,000 5260,000 5260,000 Yes Yes Yes Yes Yes 12,000 1 1.14 14.30 7.15
Anna004 4 (Ferguson Pkwy FM 455(W.Wn6e St) Foster Crossing Rd 1.70 Engineering/ROW 2 4 2009 $594,000 $297,000 5297,000 Yes Yes Yes Yes Yes 64,800 I 6,17 5.36 2.69
(City of Carrollton ( $1,213,287 S0 $606,644 S506.844 _
CerrolttorS01 I 1 (Midway Rd international Pkwy Het'orVPerk Blvd 0.46 ldersng 4 I 6 2010 61,213,287 ( $606,644 5606,844 Yes Yes Yes Yes Yes 30,900 1 03 84.62 42.31
' (City of Celina S10,003,000 SO( 55,001,600 55,001,600
Celine004 I 4 ICR 5 DOT Extension SH 289(Preston Rd) 1.89 Reconstruction 2 6 2009 $10,003,000 $5,001.500 $5,001,500 Yes Yes Yes Yes Yes 23,300 2.22 226.68 113.34
( (City of Dallas I $1,1125,000 50 5882.600 5'962,500 j
Dellss011 I 11 'Preston Rd Frenkford Uoyd Circle 0,47 Widening 6 ' 8 2010 51,925,000 5962,500 $962,500 Yes Yes Yes Yes Yes 35,100 078 116.69 56.34
' (Town of Fairview 1 $8,875,000 SO $3,437,500 $3,437,500
Fairview001 1 Stacy Rd FM 1378 Ashcroft Dr 1.30 Widening 2 i 3 2010 $3.000,000 $1,500,000 $1,500,000 Yes Yes Yes Yes Yes 28,900 2.75 79.85 39.93
Felrview002 2 FM 1378 Lucas boundary Farmstead 1,00 Engineering/ROW 2 I 4 2011 1 $425,0001 5212,500 $212,500 Yes Yes Yes Yes Yes I 21,700I 2.07 19.59 9.79
Fairview003 3 Frisco Rd FM 1378 Medical Center 0.22 Engineering/ROW 2 I 4 2009 I $250,0001- $125,000 5125,000 Yes Yes Yes Yes Yes 18,500 1.76 61.43 30.71
Felrview004 4 Fairview Pkwy Ridgevlew SH 5 1.00 New Arterial 0 I 4 2010 I $3,200.000 $1,600,000 S1,600,000 Yes Yes Yes Yes Yes 11,700 N/A 273.50 136.75
( 'City of Femnersvllle 54,000,000 S0 $2,000,000 52,000,000
Fermersville001 1 Ext.of Fermersville Pkwy(CR 611) SH 78 US 380 1 27 Reconstruction 2 4 2010 $3.800,000 $1,900.000 51,900,000 Yes Yes Yes Yes Yes 27.600 263 108 50 54.25
Farmersville002 2 Extension of Floyd St US 380 Old Josephine Rd 0.76 Engineering/ROW _ 0 2 2009 $200.000 ( 5100,000 5100,000 Yes Yes I Yes Yes Yes I 4,700 N/A 56.17 28.09
)City of Frisco _
$93,606,000 50 545,802500 $46,802,600
Fnsco001 1 Rolater Rd (Independence (Custer Rd 11,00 Widening 2 4 2008 54015,000 52,007,500 $2,007,500 Yes Yes Yes Yes Yes 17,600I 1.68 228.13 114.06
Frisco002 2 Colt Rd Main 7IPanther Creek 250 Widening/New Arterial 2 4 200$ $6,825,000 $4,412,500 $4,412.500 Yes Yes Yes Yes Yes 30.300I 2.89 116.50 58.25
Frisc0003 3 El Dorado Pkwy Hillcrest Castleman 2.70 Widening 2 6 I 2009 $8,695,000 1 $4.347,500 $4,347,500 Yes Yes Yes Yes Yes 29,800 2.84 108.07 54.03
Fnsoo005 4 Independence Pkvy Main North City Limits 2.00 Widening 2 4 2009 $5..140.000 $2.570,000 $2,570.000 Yes Yes Yes Yes Yes 35,400 3.37 72.60 36.30
Frisco007 5 Colt Rd Panther Creek U.S,380 2.20 New Arterial 0 4 2009 $10.340.000 65,170,000 $5,170.000 Yes Yes Yes Yes Yes 28,900 N/A 162.63 81.31
Frisco010 6 Virginia Pkwy IDNT Preston 1.20 New Arterial 0 ( 6 L 2009 $13,105.000 $6,552,500 $6,552000 Yes Yes Yes Yes Yes 20,390, N/A 537.97 268.99
Fnsco009 7 Virginia Pkwy CR 26 DNT 0.70 New Arterial 0 1 6 2009 S5,406,000 $2,703.000 $2,703.000 Yes Yes Yes Yes Yes 20,300 N/A 380.44 190.22
Fnsco012 8 El Dorado Pkwy DNT (Frisco 0.40 Widening 4 1 6 2009 I $702,000( $351,000 $351.000 Yes Yes Yes Yes Yes 36,100 1.20 48.61 24.31
Fris00013 9 El Dorado Pkwy Frisco Preston 1.80 Widening 4 6 2009 ( $3.350,000 $1,675,000 $1,675,000 Yes Yes Yes Yes Yes I 31,500 1 05 59.08 29.54
Frisco0ll 10 Virginia Pkwy Preston Coit Rd 2.00 New Arterial 0 6 2010 $13,500,000 $6,750,009 $6,750,000 Yes Yes Yes Yes Yes 23,500 N/A 287.23 143.62
Fnsco023 11 Lebanon Rd County Line Colt Rd 5.00 Widening 4 6 2011 $8,862,000 $4.431,000 $4,431,000 Yes Yes Yes Yes Yes 21,500 0.72 82.44 41.22
Friscu017 12 North Dallas Pkwy Warren El Dorado 5.20 Widening 4 6 2010 S11,685,000 $5,832,500 $5,832,500 Yes Yes Yes Yes Yes T 17.300 0.58 129.67 64.83
City
000
000
Luces001 of Lucasms (Country Club Rd West Lucas Rd N/A!Intersection lmorovements 2007 I $550000.000 �I $2�A00 $250.000 Yes I 'Yes Yes I Yes .es ( N/A I N/A N/A WA
Tier Projects
1 of 4 7/112007
Collin County 2007 Bond Program
Transportation
Project Shortlist(Tier 1-Projects)
July 11,2007
Cost Bre'vkdo/ran innial Sorer rung 'Trait,E)./al iallon
P jecl DeL Iption
N0, P oiec Limit,
' . Y
r
C l 51 E earl 1301111
I.D. COO LW11 Pt/op,/ ett, Total P erl Cth01 t 0rr l ; f 5C0llfy Letonu 203 Factor Err- EH '
rcy
Rank Nam, F,,,, Imol rx.t P,o(; Dn� Pertrp.+t1 C fgFu, c na 0 rPrrtrrpvto TPInr1 Cult is InTho Flit^ SYr:> ADT (ol uP) [5'ahm) IS'rh ni)
1.Pdl
I// (2) (3) (4) 5) (6) (7) (61
(9) (10) )11) (12) (13) (14) (15) (16) (17) (10) (19) (20) (21) (22) (23)
5484,716,862 560,687,000 5188,421,681 5236,807,181
All City Projects
$416,643,362 532,700,000 5188,427,681 $166,621,581
city of Allan _ _ • _ 528,600.000 so sla.zw,000 $u,26o,000
Alien001 1 Chaparral Persimmon Court Brook Ridge Ave 0,27 New Arterial 0 2 2008 $2,160.000 $1,080,000 $1080.000 Yes Yes Yes Yes Yes 9,400 N/A 866.63 433.31
Allen002 2 Ridgeoiew Custer Rd Twin Creek Dr 1.84 New Arterial 1 0 4 2008 $15,800,000 $7,900,000 $7,900,000 Yes Yes Yes Yes Yes 21,000 N/A 409.54 204.77
Al/en003 3 Exchange Exchange Overpass at SH 121 j N/A Engineering 0 6 2009 $900,000 2450,000 $450,000 Yes Yes Yes Yes Yes N/A N/A N/A N/A
Allen004 4 Bethany Allen Heights Cl Angel Pkwy 1.53 Wdening 4 6 201E $2,500,000 $1,250,000 $1,250,000 Yes Yes Yes Yes Yes 6,20D 0.21 262.84 131.42
Allen005 5 Wetters Bossy Boots Rldgevlew Dr 1,55 Wdening 2 4 2006 $2,600,000 $1,300000 $1,300,000 Yes Yes Yes Yes Yes 30,700 2.92 54,53 27.27
Allen006 6 Stacy Rd Angel Flop FM 1378 1.02 Engineering 2 4 2011 6980.000 $490,000 $490,000 Yes Yes Yes j Yes Yes 33,100 3.15 28.95 14.47
AIIer007 7 US 75 Rldgeview Interchange N/A Engineering 2 8 2011 51,500,00E $750.000 $750,000 Yes Yes Yes Yes Yes N/A N/A N/A N/A
Allen008 6 Rldgeviow Stacy Rd U575 2.23 Engineering 2 I 4 2011 $2,060,000 $1,030.000 $1,030,000 Yes Yes Yes Yes Yes 15,90DI 1.51 58.10 29.05
(City of Anna • ! _ _ $8,233,760 S0 S4,116,876 S4,116,876
Anna001 1 Mantua Rd/CR 371 SH 5(N.Powell Pkwy) U5 75 1.89 Reconstruction 2 4 2009 $8.600,000 $3,300000 $3,300,000 Yes Yes Yes Yes Yes 25,100 2.39 138.84 69.42
Anna002 2 Rosamond Pkwy SH 5(N.Powell Pkwy) U5 75 1.98 Engineering/ROW 2 4 2009 $519,750 $259,875 $259,275 Yes Yes Yes Yes Yes 46,600 4.44 5.63 2.82
Anna003 3 FM 455(W.White St) US 75 East Fork Creek 3.03 Engineering/ROW 2 4 2009 $520,000 $260,000 $260,000 Yes Yes Yes Yes Yes 12,000 1.14 14.3E 7.15
Anna004 4 Ferguson Pkwy FM 455(W.White St) Foster Crossing Rd 1.70'Engineering/ROW 2 j 4 2009 $594,000 $297,000 $297,000 Yes Yes Yes Yes Yes 64.800 6.17 5.38 2.69
II 'City of Carrollton $1,213,287 Sf 5606,644 $606,644
CartolliorAOt I 1 IMltlwey Rd international Pkwy HebreroPerk Bled 0.46 Widening 4 I 6 I 2010 $1,213,267 $606.644 $606,644 Yes Yes Yes Yes Yes 30,900 1.03 84.62 42.31
I (City of Celina _ S10,003,000 S0 $5,001,600 55,001,600
Celina004 I 4 ICR 5 DNT Extension SH 289(Preston Rd) 1.89 Reconstruction 2 i 6 2009 810,003.00E $5,001,500 $5,001,500 Yes Yes 'Yes Yes Yes 23,30E 222 226.68 113.34
I (City of Dallas $1,526,000 $0 5962,600 5962,600
Dellas011 I 11 !Preston Rd Frankfort/ Lloyd Circle 0.47 Widening 6 j 8 2010 51.925,00E $962,500 $962,500 Yes Yes Yes Yes Yes 35,100I 0.78 116.69 58.34
I 'Town of Fairview I I $8,876,000 SO S3,437,500 63,437,600 ,
Faiview001 1 !Stacy Rd FM 1378 Ashcroft Dr 1.30 Wdening 2 I 3 2010 I 53.000,000 $1,500,000' $1,500.000 Yes Yes I Yes Yes Yes 28,900 275 79.85 39.93
Felrview002 2 FM 1378 Lucas boundary Farmstead 1.00 1Engineering/ROW 2 1 4 2011 I 2425,00D $212.500 $212,500 Yes Yes Yes Yes Yes 21,700) 2.07 19.59 9.79
Fairview003 3 Frisco Rd FM 1378 INedical Center 0.22!Engineering/ROW 2 ) 4 2009 ( 2250.000 $125,000 $125,000 Yes Yes Yes Yes Yes 18,500I 1.76 61.43 30.71
Falrview004 4 Fairview Pkwy Rldgeview SH5 1.00*New Arterial 0 I 4 201D $3.200000 51,600,000 81,600,00E j Yes Yes Yes Yes Yes I 11,700 I N/A 273.50 136.75
I (City of Farinersvllle I 54,000.000 50 52,000,000 52,000,000 I
Farmeraville001 1 Ext,of Farmersville Pkwy(CR 611) SH 78 U5 380 1.27 Reconstruction 2 j 4 2010 I $3.800,000 21,900,000 $1,900.000 Yes Yes Yes Yes Yes 27,600 2.63 108.50 54.25
Famtersville002 2 Extension of Floyd St US 380 Old Josephine Rd 0.76 Engineering/ROW 0 2 2009 $200,000171 5100.00E 5100,00E Yes Yes Yes Yes Yes 1 4,70E N/A 56.1 i 28.09
IICM/of Frisco _ I 593,606,000 SOI $46,802,600 546,802,60E
Frisco001 1 Roleter Rd Independence Custer Rd 1.00 Wdening 2 4 l 2008 54,015,00E $2,007,50D $2.007,500 Yes Yes Yes Yes I Yes 17,600I 1.68 228.13 114.06
Fnsco002 2 Colt Rd Main Panther Creek 2.5E Wdening/New Arterial 2 I 4 2009 $8.825,000 $4,412,500 $4,412,500 Yes Yes Yes Yes 1 Yes 30.300I 2.89 116.50 52.25
Frisco003 3 El Dorado Pkwy Hillerest Cas5eman 12.70,Wtlening 2 I 6 2009 $8.695,0001 $4,347,500 $4.347,500 Yes Yes Yes Yes I Yes 29,800I 2.84 108.07 54.03
Fnsco005 4 Independence Pkwy Main North CW Limits 2.00 Wdening 2 4 2009 S5.140000 $2,570,000 $2,570,000 Yes Yes Yes Yes Yes i 35,400 3.37 72.60 36.30
Frisco007 5 Coil Rd Panther Creek U.S.380 2.20 New Arterial 0 4 2009 $10,340,000 $5.170,000 $5,170000 Yes Yes Yes Yes Yes 28,900I N/A 162.63 8131
Fnsco010 6 Virginia Plow DM Preston 1.20'New Arterial 0 6 2009 $13.105.000 $6,552,500 26,552,500 Yes Yes Yes Yes Yes 20,300 WA 537.97 266.99
Frisco009 7 Virginia Plow CR 26 DNT 0.70 New Arterial 0 6 2009 65.406,000 $2.703,000 $2,703,000 Yes Yes Yes Yes Yes 20,300 N/A 380.44 190.22
Fnsco012 8 El Dorado Plop DNT Frisco 0.40 Wdening 4 j 6 2009 $702,000 6351,000 $351,000 Yes Yes Yes Yes Yes 36,100 1.20 48.61 24.31
Fnsco013 9 El Dorado Pkwy Frisco Preston jj 1.80 Wdening . 4 L 6 _ 2009 $3.350,0001 51,675,00E $1,675,000 Yes Yes Yes Yes Yes 31,500 I 1.05 59.08 29.54
Fnsco011 10 Virginia Pkwy Preston Coit Rd 2.00 New Arterial 0 j 6 2010 513.500,00E $6,750,000 $6,750,000 Yes Yes Yes Yes Yes 23,500I N/A 267.23 143.62
Fnsco023 11 Lebanon Rd County Line Coil Rd 5.00 Wdening 4 6 2011 $8,862.000 24,431,000 $4,431,000 Yes Yes Yes Yes Yes 21,5001I 0.72 82.44 41.22
Fnseo017 12 North Deltas Plop Warren El Dorado 5.20 Wdening 4 6 2010 $11,665,000 S5.832,500 $5,832,500 Yes Yes Yes Yes Yes 17,300I 0.58 129.67 64.83
I lefty of Lucas $500,000 SO $260,000 5260,000
Lucaa001 1 !Country Club Rd West Lucas Rd I N/A (Intersection Improvements 2007 $500.000 5250.000 $250,0031 Yes Yes Yes Yes Yes I N/A I NiA I N/A WA
1 of 4 7/11/2007
Tel l Projects
Collin County 2007 Bond Program
Transportation
Project Shortlist(Tier 1 Projects)
July 11,2007
P .t
Lust Bteokdn,.n Initial Scmerlin,/ 7/n11,c Evaluation
F1 De2 pl on
rolrrf bums ts ra Imp',
C-,a--,.,-;„et Total Cost Baud C05[
I.D Lgih Pro)r L tt , Total Prow:, CI ' n(it t� Ct Atl DI C1S L tt 2030 Ef EII cy
o Raul, Eton) In11 TYFr E.:1 Prnc Data Port oato i _tc ptrFa icipaf on 1-Plan/ Capnc 1,,: I 0 Part,, Yrc, ADT 1 ol,ap) (-'ei,n 1 (Sr_h-mil„NI)
(4) (5) (61 (7) (3/ (91 (10) (1'11 (12) (131 (14) (15) (16) ('I7) I181 (19) (20) (21) (22) (23)
C 2) 31 I
City of McKinney _ $66.600,000 $0 $3$760,000 $M.760,000
MoKinney003 3 Custer Rd Stonebridge US 380 3.50 Widening 2 6 Current $5,000,000 52,500,000 $2,500000 Yes Yes Yes Yes Yes 26,600 1 2.53 53.71 26.65
McKinney004 4 FM 543/1461 Connector US 75 FM 1461/Lake Forest 2.50 New Arterial 0 4 2010 $19,000,000 $9.500 000 59,500,000 Yes Yes Yes Yes Ye s 26,100 WA ! 291.19 145.59
MoKlnney005 5 FM 546 Connector SH 5 Airport Dr 1.70 Engineering/ROW 0 4 2011 I $2.000,000 $1,000.000 $1,000,000 Yes Yes Yes Yes Yes 18,600 N/A 63.25 31.63
E2,500,000 $2,500000 Yes Yes Yes Yes Yes 1 11,500 1.10 140.25 70.13
McKinney006 6 Custer Rd US 380 FM 1461 3.10 Engineering/ROW 2 4 2011 $5,000,000
MCKinney007 7 FM 1461 CR 127(Custer Rd) CR 166(FM 1461) 3.20 Engineering/ROW 2 4 2010 51,400,00D 5700,000 $700.000 Yes Yes Yes Yes Yes 4,1001 0.39 i 106.71 53.35
McKinney008 8 Airport Dr Industrial US380 1.80 Reconstruction 2 4 2009 52.000,000 $1,000,000 $1,000000 Yes Yes Yes Yes Yes 5,900 0.56 18832 94.16
McKinney009 9 SH 5/McDonald US 380 FM 543 1.90 Engineering/ROW 2 4 2010 $2,000,000 $1.000,000 51,000,000 Yes Yes Yes Yes Yes 30,700 2.92 34.29 17.14
MsKinney010 10 Virginia Pkwy Independence IAero County 0.50 Widening 2 4 2008 52.000.000 $1000,000 $1,000,000 Yes Yes 1 Yes Yes Yes 23,000 2 19 1 173.91 86,96
McKinney011 11 Custer Rd SH 121 1Stonebridge Dr 3.10 Widening 4 6 2011 $5,000 000 _ $2.500.000 $2.500,000 Yes Yes Yes Yes ' Yes 40,500 1.35 39.82 19.91
Mtkinney012 12 Lake Forest
t D
US 75 Pecan Ridge 0.50 New Arterial 0 4 I 2009 $3,000,000 $1,500,000 $1,500,000 Yes Yes Yes Yes Yes 6.500 N/A 923.08 461.54
McKlnney013 13 Lake Forest Dr Boyd High School US Set 1.10 Widening
2 4 2008 85,200,000 E2,600,000 E2.600.000 Yes Yes Yes Yes Yes 12.500 1.19 41600
US
McKtnney014 14 Lake Forest Or US 380 Wilmem 1.10 Reconstruction 2 1 4 2008 I E5,800,000 $2,900.000 $2,900,000 Yes Yes 1 Yes Yes Yes 13,500 1.29 39057 195.29
MCKinney015 15 Lake Forest Dr WSlmeth Bloomdale 1.10 Reconstruction 2 I 4 2009 53,600.000 $1,800,000 $1,800,000 Yes Yes Yes Yes Yes 9,900 0.94 330.58 16529
MCKinney016 16 Lake Forest Dr Bloomdale FM 1461/CR 166 1.10 Reconstruction 2 1 4_ 2010 $4,500,000 S2,250.000 $2,250,000 Yes Yes Yes I Yes Yes 5,700 0.54 717.70 358.85
IClty of Melissa II $20,700,000 $O $10,360,000 $10,350,000
Meirssa001 I 1 Melissa Rd SH 5 SH 121 0.70!Reconstruction I Widening 2 4 2008 $4,560,000 $2,280.000 S2.280,000 Yes Yes Yes Yes Yes 5,100 0.49 1277.31 638.66
Mellssa003 3 Throckmonon Rtl US 75 East of SH 5 1.75 New Anginal 0 2 2008 $7,330,000
E3.665,000 $3,665,000 Yes Yes Yes Yes Yes N/A N/A N/A WA
Melisse004 4 Davis Rd US 75 Fannin Rd 0.50 Reconstruction _ 2 4_ 2010 $2,300.030 $1,150,000 $1.150,000 Yes Yes Yes Yes Yes 13,000 1.24 353.85 176.92
4 2010 $6,510,000 53,255,000 03,255,000 Yes Yes Yes Yes Yes 5,200 0.50 1251.92 625.96
Mellsse005 5 Fermin Rd Melissa Rd SH 121 1.00 Reconstruction 2 _
I lefty of Murphy $3,666,000 $0 S1,7134,500 $1,794,500
Murphy002 2 Betsy Ln FM 2551 McCreary Rd 1.00 Reconstruction 2 4 2009 $2,407.000 $1,203,500 51,203,500 Yes Yes Yes Yes Yes 8.700 0.83 275.62 137.e1
Murpny004 i 4 McCreary Rd McMillen Rd CR 247(MCWhirter Rd) 0.66 Reconstruction 2 4 2006 51,182.000 5591,000 $591,000 Yes Yes Yes Yes I Yes 10.700 I 1.02 I 166.65 1 83.32
,000
Parker001 1 McCreary Rd(CR 245) 'Parker Rd(FM 2514) McWhirter Rd 1.01 Reconstruction 2 , 4 I I
I 2008 $5,000.000 $2.500,000 $2,500000 Yes Yes Yes I Yes Yes I 7.200 0 69 689.22 344.61
•
$t,000.000 51000,000 Yes Yes Yes I Yes Yes 9,400 0.90 423.93 211.96
Parker002 2 COaparml Drive Springhill Estates Dave Cottomvood Creek 0.50 Witlemng 2 4 2009 52,000,0001
I !City of Plano 5107,150.000 032,700.000 $33,676,000 $40.776000
PIan0010 1 Major Thoroughfare Rehabilitation 1.99 Reconstruction _ 4 1 6 yearly I 515,000,000 57.500,000 $7,500,000 Yes Yes Yes Yes Yes N/A N/A N/A N/A
PIan0019 2 Intersection Improvements WA Intersection Improvements WA $22,750,000 $5,950,000 56.300,000 $10.500,000 Yes Yes Yes Yes Yes N/A I N/A N/A N/A
Plano017 3 Tel Rd/Chapel Hill Ramps 1.04 Ram Improvements 1 2010 1 $10,000,000 $5,000.000 $5,000,000 Yes Yes Yes 1 Yes I Yes WA 1 N/A NIA N/A
Plano014 5 Preston and SH 190 N/A Intersection Improvements 1 2010 $3,000,000 $2.400,000 $0 $600,000 Yes Yes Yes Yes 1 Yes N/A N/A j N/A N/A
Pieno001 6 14th St K Avenue Ridgewood 1.61 Reconstruction 4 i 6 200e 1 $6,800.000 $21500,000 $3.400,000 5900,000 Yes Yes Yes Yes Yes 17.600, 0.59 24006,2.00 31.76
Pleno003 7 !Communications Pkwy Spring Creek Pkwy Tennyson 0.55 Wdeninp/New Arterial 4 1 6 2007 $2.500,000 51,250,000 81.250,000 Yes Yes Yes Yes Yes 24400 0.81 1 19 0314
Plano002 B 115th St US 75 G Avenue 0.24 Reconstruction 6 1 6 2010 51,800.000 81,200,000 $0 $600,000 Yes Yes Yes Yes Yes 13.9001 0.31 539.57 179.86
Plano043 B Cheoerral Bridge Cottonwood Creek N/A Reconstruction 0 2 2012 St 000.000 5500,000 $500,000 Yes Yes Yes Yes Yes N/A N/A N/A N/A
Plano016 10 Spring Creek Pkwy(Shiloh Rd) Park Parker 1 0.94 Widening 2 4 2010 $3,000.000 $1,500,000 $1,500.000 Yes Yes Yes Yes Yes 25,900 2.47 123,22 61.61
P rro00 11 Shiloh Rd 14th (Park 1.15 Reconstruction 2 1 4 2010 I $2,800.000 $1,400,000 51,400,000 Yes Yes Yes Yes Yes 28.700 2.73 85.14 42.57
-
Pleno008 12 Los Rios south of Plano Pkwy -Parker 3.B8!Widening 4 6 2010 $4,000.000 $2;000.000 $2,000.000 Yes Yes Yes Yes Yes 20.800 0.69 49.53 24.77
Plana012 13 Park Blvd Shiloh East City Limits 1.04 Widening 4 , 6 1 2010 $1900.000 5950,000 $950.000 Yes Yes 1 Yes Yes Yes 5,100 017 1 357.65 178.82
Pleno009 14 Mepleshede Silverglen Dr SH 190 0.47 New Arterial _ 0 4 2009 $750,000 5375,000 5375.000 Yes Yes Yes Yes Yes N/A N/A I N/A N/A
Planc007 15 Los Rios Jupiter Parker 1.61 Widening 2 ; 4 2006 $2,000,000 $300.000 $700,000 $1,000,000 Yes Yes Yes Yes Yes 1 6.700 0.64 185.43 92.71
Plano015 16 Ridgeview Dr SH 121 Colt Rd 0.93 WMdeninp 2 1 4 2010 I 52,000,000 $1,000,000 $1.000,000 Yes Yes Yes Yes Yes 5,100 0.49 422.57 211.28
Plano005 17 !International Pkwy Plano Pkwy Midway 0.54 Widening 4 6 2009 5800.000 5400,0001 5400000 Yes _ Yes Yes Yes Yes 20,100 0.67 73.48 3674
Plano044 18 Brand Rd South of FM 544 0.77 Widening _ 4 6 2011 $800,000 $400.001 5400,000 Yes Yes Yes Yes I Yes 1,800' 0.06 577.22 288.60
Ohio Rd 1.52 Widening 4 6 2008 $4,000,000 $3,600,D00 $0 $400,000 Yes Yes Yes Yes Yes 24,700 0.82 106.88 10.69
PIan0045 19 MODerrtwtt Rd Colt Rd - -
Plano046 20 Parker Interchange US 75 WA!Intersection Improvements I 200E 520,250.000 516,250.000 $0 $4.000,0001 Yes - Yes Yes Yes Yes N/A N/A I N/A N/A
I Independence Rd 1.14 IWdening 4 I 6 I 2008 52.000,000 5500.000 $1.000,0001 $500.0001 Yes Yes Yes Yes Yes 17,5001 0.58 I 100.57 25.14
Plano047 21 Rldgevrew Dr ICAit Rd - - -
7/11/200720f4
Tier I Protects
Collin County 2007 Bond Program
Transportation
Project Shortlist(Tier 1 Projects)
July 11,2007
Protect Description Cost Breakdo,n Initial Screening Tmffie Eualuat ion
Prop,L111It, t.,,.Land C,t;, Ye C gesl an Total CO5f Bond Cost
I.D. Lit Rr 1:�; LW!, Project Letl nri Tatal P.gco. 2"r4 n I, Count, Adding Or r Ltt ny 2030 Efficiency
} C t;Fart r_ ti 50':'.. F-• fo Eft cia .
Na. Pack flnnr From Tr, (n') T;rP, F. Pfnj, Date- Coris Partcipator Part cEaton TPI.t'. Capacity'? Imp, Parf� �5Ys'+ ADT (. Ieup IS r-h-ml ($'rhm,)
vr,.11
(1) (2) (31 (4) (5) (6) (7) (8) (9) (101 (111 (12) (13) (14) 115) (16) (17) (18) (19j (20) (21) (22) (23)
Coy of Princeton $15.542,000t SD $7,771,0001 $7,771,000
Princet0000f I 1 ICR 407(Monte Carlo Blvd) US 380 FM 75 2.27 Reconstruction 2 4 I 2009 $15.542.0001 57,771,000 57,771.000 Yes Yes Yes Yes Yes 14,000 1.33 488.46 244.23
I lefty of Prosper S9,754,575I 50 $4,877,288 $4,877,288
Prosper001 1 Prosper Trail DNT (Preston Rd 1.98 IWtdening/Reconstructjon 2 4 2008 $4.435,425 52,217,713 $2,217,713 Yes Yes Yes Yes Yes 5,100 0.49 439.24 219.62
Prosper002 2 First St Preston Rd Coif Rd 1.25`Reconstruction 2 4 2008 63,033,344 $1,516.672 $1,516,672 Yes Yes Yes Yes Yes 9,600 0.91 252.78 126.39
Proeper003 3 Colt Rd First St EUS 380 1 1.00 Reconstruction 2 ( 4 2006 $2.285,806 $1,142,903 $1..142,903 Yes Yes Yes Yes Yes 20,800 I 1 9B 109.89 54.95
I IC1ty of Rleherdson 1 _ I S1.894,0031 $01 $947,000 $947,000
Rjchardson001 1 Alma Rd Renner Rd N/A Intersection lmpmvements 1 2006 5115000! I $57,500 $57,500 Yes Yes Yes Yes Yes N/A N/A N/A N/A
Richardson002 2 Jupiter Rd Renner Rd N/A Intersection improvements I 2008 $295.000i. $147,500 $147.500 Yes Yes Yes Yes Yes WA N/A [ N/A N/A
Richerdson003 3 Jupiter Rd 5H 190 WA Intersection Improvements I 2008 $185,000I $92.500 $92,500 Yes Yes 1 Yes Yes Yes N/A N/A N/A WA
Rjohardson004 4 SH 190 Renner Rd N/A Intersection Improvements I 2006 II $145,000 $72,500 $72,500 Yes Yes Yes Yee Yes N/A N/A N/A N/A
Rjcherdsor005 5 Performance Dr SH 190 Renner Rd 0.28 Engineering 1 0 I 4 2008 I 5254,000 $127,000 5127.000 Yes Yes Yes Yes Yes I 11,300 WA 79.12 39.56
Rlcharce0n007 6 Renner Rd Northster Dr Murphy Rd 1.80 Engineering 4 6 2009 5900.000 $450,000 $450.000 Yes Yes ItYes Yes Yes I 13,600 0.45 36.66 10.33
I !City of$achse I II, I S3,410,0001 $0 S1,706,0130 51,705,000
Sacnse001 1 (Ranch Rd W.of Woodbridge Unit 14(Hwy.78 0.61 Wdening 2 4 2009 $960,0001 $480.000 $480.000 Yes I Yes Yes Yes Yes 4,100 0.39 383.85 191.92
Sechse002 2 DeWitt St Ingram Rd IRench Rd 0.48 Wdenjng I 2 I 4 20064 6720,0001 $360,000 $360.000 Yes I Yes Yes Yes Yes 4,100 0.39 362.20 I 181.10
Sechse004 4 Maxwell Creek Rd Ranch Rd North c'lty limit 0.93(Reconstruction 1 I 2 4 2012 ' $1.730,000 6865.000 $865.000 Yes Yes Yes Yes Yes 4,100 0.39 453.71 226.86
I II city e1 Wylie $27,248,760 $0 $13,624,376 $13,024,375 T
Wylie001 1 IBro'on St IFM 1378 ,!Ballard Avenue 1.80 Reconstruction 2 4 2009 $8,907,500 $4,453,750( $4,453,750 Yes Yes Yes Yes Yes 5,500 0.52 900.13 j 450.06
WyIle002 2 IMcMillart Rd(Park BNd) E.of McCreary FM 1378 1.09 Reconstruction 2 4 2009 $8,298,750 $4,149,375 $4,149,375( Yes Yes Yes Yes Yes 2,000I 0.19 31310.21 1905.10
Wylje004 4 (Stone Rd !Akin Ln .County Line Rd 1.99 Reconstruction 2 I 4 2009 $10,042,500, I $5,021,250, 55.021,250, Yes Yes Yes Yes Yes 5,800I 0.55 870.68 435.34
Tier I Projects 3 of 4 7/11/2007
Collin County 2007 Bond Program
Transportation
Project Shortlist(Tier 1 Projects)
July 11,2007
Pro)ecl Desetlplion Cost Breakdo.vn Initial Screening Traffic Eealualion
Projrct Limits No.Lan,,, nCity
tIr 2Y0e2a0, Conpe t' T 1aI Cot Bond Cost
I_p City L9ih ProjOt L t Tots)Proect Oth C l Patcrpata, Col t, Co , .,,,,,AlAdd n Op SD'. L. 0 Fact EY c a Efficiency
No Rank A,B,, Front D.,1 Evi5t Pr np D' Part c pat o ; Paetepatot TPlan, Capat;, 1 Party -5Y,, ADT
.ol,rapl I6,-,ehmt (S:vel,-,nil -
Is pd i
(1) (2) (3) (4) (5) (6) (7) (B) (9) (10) (it) (12) (13) (14) (15) (16) (171 (18) (19) (20) (21) (22) (23)
County Projects j $63,072,6001 $27,087,000 SO S26,065,600
ICounty Road Projects S48,117,000 S27,987,000 $0 S20,130,000
CC001 1 hake Lavon Budge Crossing Osage Ln SH 76 8.66 Engineering 0 2 N/A 3500.000 - 5500.000 Yes Yes ' Yes N/A WA 25,700 N/A 2.25 2.25
CC002 2 Outer Loop US 75 SH 121 4.89 New Arterial I 0 2 2011 $22,050,0001 517,025,000' $5,025,000 Yes Yes Yes N/A Yes 17,000 N/A 265.44 60.49
CC003 3 (Outer Loop Dallas North Tollway !SH 289 1.80 New Arterial 0 2 2011 $15,924,000! 510.962,000 $4,962,000 Yes lee Yes N/A Yes 40,000 N/A 221.17 68.92
CC004 4 !CR 408 Road Bend E.Bomars Bre FM 75 2.00 ROW 2 2 2011 5770.0001 5770,000 Yes Yes Yes N/A Yes 3.300 0.31 116.67 116.67
CC005 5 ICR 61B ICR 665 East County Line 1.80 IROW 2 ! 2 2010 $407,000, $407,000 Yes Yes Yes I N/A Yes 100 0.01 2261.11 2261.11
CC006 6 ICR 819(Ballard St) Alenis Rd ;County Line 1.20 Reconstruction 2 4 I 2011 $5.400,060 1 $5.400,000 Yes Yes Yes I N/A Yes 10,400I 0,99 432.69 432.69
CC007 7 !Perk Blvd ,4IFM 2514(Parker Rd) 'Spring Creek Pt W 030 ROW _ 2 4 WA $1,130,000 I $1,130,0001 Yes Yes Yes I N/A N/A 3,100 I 0.30 158.49 158.49
CC008 8 ICR 170 FM 2478 Honey Creek 1.60 IROW 2 2 2011 $616,000I 1 $616,000 Yes Yes Yes N/A Yes 22.500 2.14 1711 17.11
CC009 9 ICR 424 _Sheffield Farms CR509 1.00 Reconstruction _ 2 2 2010 St320.0001 $1,320.000 Yes Yes Yes N/A Yes 8,800 0.84 15000 150.00
I !County Drainage Projects S4,056,60011 SO S0 $4,065,600
CD001 1 CR 408§Bomars Branch New Hope City Limits East;Road Bend 0.50 2009 $660,0001 $660,000 Yes No Yes No Yes N/A N/A N/A N/A
C0002 2 CR 618aCedar Creek 1 2009 $363.0001 8363,000 Yes No Yes No Yes N/A N/A N/A N/A
CD003 3 CR 63B @Sabine Creek I ! -
2009 $412.500 1 $412,500 No No Yes No Yes N/A N/A I N/A N/A
C0004 4 CR 463 @ Branch of Sister Grove Creek _ 2009 $308,000I $308,000 Yes No Yes Na Yes N/A N/A N/A N/A
CD005 5 CR 127§How Branch _ 2009 3341,000'�! $341,000 Yes No Yes I No Yes N/A N/A N/A I N/A
CD006 6 CR 617 @ Branch of Hickory Creek ` _ 2009 $308,0001 $308,000 Yes No Yes No Yes N/A N/A N/A N/A
C0007 7 CR 406 ID Tickey Creek 2009 5407.0004 5407,0001 Yes No Yes No Yes N/A WA N/A N/A
CD008 B CR 655§Banch of Bushy Creek _ 2008 5308,000, $305000 No No Yes No Yes N/A 1 N/A N/A N/A
C0009 9 CR 593 @ Price Creek 2009 $352,000'!! 5352,000 No No Yes No Yes N/A N/A N/A N/A
C0010 10 CR 5B ID Clarks Branch • _ 2009 3693.0001 $693.000 Yes No Yes No I Yes I N/A ; N/A N/A N/A
CD011 11 CR 134 @ Honey Creek I I 2009 5324.000! 5374,000{i Yes No Yes I No I Yes N/A NIA N/A N/A
CD012 12 CR 580§Indian Creek 1 _! 2010 5429 000 $429.000 No No Yes I No 1, Yes N/A N/A N/A N/A
Commissioners'Discretionary 616,000,000L SO S0 616,000,0001 _ I
!Commissioners'Discretionary fL E76,000,000 SO SO 516,000,000
COM M001 I 1 ICommissiorers'Discretionary I _ $15000,000 _I $15,000,0001
Note.ACT volumes are estimates oared on PM peak-hour l2fflc projections from the NCTCOG's
travel demand model for the OFW region,using the Collin County Mobility Plan 2007 Update
demographic Inputs.ACT volumes for individual segments may vary.
4 of 4 7/11/2007Tier I Projects
7/11 Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 7
(City Secretary's Use Only)
Department: City Manager's Office
Prepared By: Mindy Manson Account Code: N/A
Date Prepared: February 4, 2008 Budgeted Amount: N/A
Exhibits: Three
Subject
Consider, and act upon, Ordinance No. 2008-07 approving the petition of Oncor Electric Delivery Company
LLC to modify its lighting service tariff pursuant to the Energy Policy Act of 2005.
Recommendation
N/A
Discussion
Oncor Electric Delivery recently provided notice that on December 11, 2007, a tariff revision was filed with the
Public Utility Commission to close new mercury vapor street light installations and implement a plan to replace
mercury vapor fixtures when the fixture and/or ballast must be changed. The PUC has since approved this tariff and
Oncor is now seeking approval of the proposed tariff from cities that have retained their original jurisdiction.
Oncor has submitted an official filing of their intent to review the Street Lighting Tariff with the City of Wylie. To
ensure consistent system-wide treatment, Oncor is requesting that the City approve the tariff as filed. The City may
also choose to take no action and the tariff will be approved by operation of law effective March 1, 2008.
Approved By
Initial Date
Department Director MM 2/4/08
City Manager (1I1A c7/5? lAn
Page 1 of 1
ORDINANCE NO. 2008-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS APPROVING THE PETITION OF ONCOR ELECTRIC DELIVERY
COMPANY LLC TO MODIFY ITS LIGHTING SERVICE TARIFF
PURSUANT TO THE ENERGY POLICY ACT OF 2005.
WHEREAS, the Energy Policy Act of 2005 specified that mercury vapor lamp ballasts shall
not be manufactured or imported after January 1, 2008; and
WHEREAS, the City has reviewed the Petition Of Oncor Electric Delivery Company LLC
(Oncor) To Modify its Lighting Service Tariff Pursuant To The Energy Policy Act Of 2005; and
WHEREAS, the City finds that Oncor's proposal to close its tariffs for new mercury vapor
installations effective March 1, 2008, and implement a plan to replace mercury vapor fixtures with
high pressure sodium fixtures when the fixture and/or ballast must be changed is consistent with the
Energy Policy Act of 2005; and
WHEREAS, the City finds that Oncor's proposed replacement chart for existing mercury
vapor installations is reasonable and should be approved as requested;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Section 1. The City hereby approves the Petition of Oncor Electric Delivery Company LLC
To Modify its Lighting Service Tariff Pursuant To The Energy Policy Act Of 2005, and
Section 2. Oncor Tariff Section 6.1.1.6 — Lighting Service, as attached to this Ordinance, is
hereby approved, effective March 1, 2008, and
Section 3. That a copy of this Ordinance shall be sent to Oncor, care of Debra Anderson,
1601 Bryan, Suite 23-055C, Dallas, Texas 75201.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on the
12th day of February, 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Ordinance No.2008-07
Petition of Oncor Electric Delivery
Lighting Service Tariff
Debra Anderson
Director,Regulatory Affairs
Cc.BRj.. )1R
Oncor Electric Delivery
1601 Bryan St.
Suite 23-055C
Dallas,Texas 75201
Tel 214 486 2879
Fax 214 486 2180
Debra.Anderson@oncor.com
January 16, 2008
City of Wylie
2000 Hwy 78 N
Wylie, Texas 75098
To the Honorable Governing Body of the City of Wylie with Original Jurisdiction over the
Rates of Oncor Electric Delivery Company LLC
Subject: Street Lighting Tariff Revision regarding the closing of the installation of new mercury
vapor ballasts and/or fixtures after January 1, 2008.
As you are aware, Oncor Electric Delivery recently provided notice that on December 11, 2007,
a tariff revision was filed with the Public Utility Commission to close new mercury vapor street
light installations and implement a plan to replace mercury vapor fixtures when the fixture and/or
ballast must be changed. The PUC has since approved this tariff and as indicated in our notice
we will now seek approval of the proposed tariff from cities that have retained their original
jurisdiction.
The attached document will serve as official filing of Oncor's intent to revise its Street Lighting
Tariff with your City. The enclosed Petition requests approval of the same tariff approved by the
PUC. To ensure consistent system-wide treatment, we are requesting that the City approve the
tariff as filed. A sample approval ordinance is enclosed for your use. The City may also choose
to take no action and the tariff will be approved by operation of law effective March 1, 2008.
Should you have any questions or need additional information,please feel free to contact your
local Oncor representative.
Sincerely, d,ekiey,
��iU�tfG
Enclosure
Received: By: Date: 1_LiL
Title:
For: City of Wylie
PETITION OF ONCOR ELECTRIC DELIVERY COMPANY LLC
TO MODIFY LIGHTING SERVICE TARIFF
PURSUANT TO THE ENERGY POLICY ACT OF 2005
TO THE HONORABLE GOVERNING BODY OF EACH MUNICIPALITY WITH
ORIGINAL JURISDICTION OVER THE RATES OF ONCOR ELECTRIC DELIVERY
COMPANY LLC:
NOW COMES Oncor Electric Delivery Company LLC ("Oncor") and files this request
to: 1) close its lighting service tariff to new mercury vapor installations effective March 1, 2008,
for street lighting and outdoor lighting service; and 2) implement a plan to replace mercury vapor
ballasts and fixtures with high pressure sodium units when the fixture and/or ballast must be
changed,and in support thereof would respectfully show as follows:
I. BACKGROUND
The energy conservation standards that the U.S.Congress prescribed in the Energy Policy
Act of 2005 ("EPACT 2005") specify that mercury vapor lamp ballasts shall not be
manufactured or imported after January 1, 2008. Because of this ban on mercury vapor ballasts
effective January 1, 2008, Oncor proposes to: 1) close its tariffs for new mercury vapor
installations effective March 1, 2008; and 2) implement a plan to replace mercury vapor fixtures
with high pressure sodium fixtures when the fixture and/or ballast must be changed.
The relevant portion of the tariff which Oncor proposes to modify in this proceeding is
found at Section 6.1.1.6 —Lighting Service. Oncor would note that the proposed changes apply
both to Street Lighting Service (Sheet 6, pages 1-5), and Outdoor Lighting Service (Sheet 6,
pages 6-7), and a copy of the proposed tariff sheets are included as Attachment A. Although the
Outdoor Lighting Service offering is already closed to new customers, that portion of the tariff
will also be modified to set out the replacement chart for existing mercury vapor installations.
The replacement chart for the street lighting service and outdoor lighting service is identical, as
follows:
1
Existing Mercury Vapor Lighting: Sodium Vapor Replacement:
Wattage Lumens kWh Wattage Lumens kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
or 100* 9,500 40
or 150* 16,000 70
or 250* 27,500 100
1,000 63,000 370 400 50,000 160
Or 1,000* 140,000 375
*-Available as a replacement upon customer request
The replacement of mercury vapor ballasts and fixtures to sodium vapor will be done at no cost.
Oncor would note that if a street lighting customer desires to replace the mercury vapor fixture or
ballast with a metal halide fixture or ballast, the customer may do so by paying the additional
cost, consistent with the "Conversion or Replacement of Existing Facilities"portion of the Street
Lighting Tariff.1
Replacement by Oncor of burned-out mercury vapor bulbs in service under its outdoor
light service will continue, as bulbs — as compared to ballasts and fixtures — are not restricted
under EPACT 2005 and will remain available. However, on or after March 1, 2008, when
mercury vapor fixtures or ballasts must be replaced, the fixtures or ballasts will be replaced with
high pressure sodium equipment as set out in the conversion chart (or metal halide if requested
by a street lighting customer and upon payment of any additional costs), or customers may elect
to cancel service at no cost.
II. REQUEST FOR APPROVAL
With respect to this Petition, Oncor would note that: (1) it would not change the revenues
received by Oncor for an existing service; (2) it would not allow Oncor to begin charging for a
service previously available but for which there was not a separate charge; (3) it would not
immediately eliminate an existing service to which one or more customers actually subscribe,
and would provide alternative fixtures when mercury vapor ballasts and/or fixtures need to be
replaced; and (4) it would not increase a customer's bill even though the rate for a particular
service is not being changed, because as shown by a comparison of mercury vapor kWh
consumption and lumens with the high pressure sodium consumption and lumens, the
replacement fixtures produce more lumens per kWh and are therefore more energy efficient.
This option is not available for Outdoor Lighting Service customers.
2
As stated in Section I, above, and consistent with Section 36.102 of the Public Utility
Regulatory Act, Tex. Util. Code Title 2 (Vernon 2007), Oncor proposes an effective date of
March 1, 2008, which is more than 35 days after the date of this filing. Approval of the
requested tariff may take place using one of two options: (1) by formal action approving the
tariff; or (2) by taking no action by March 1, 2008, at which point the proposed tariffs will go
into effect by operation of law.
ilL NOTICE
Oncor has previously provided notice to all of the cities and retail electric providers
within its certificated service area of a similar filing with the Public Utility Commission of
Texas,and in that notice stated that it would be filing an identical request with its municipalities
that retain original jurisdiction over Oncor. A copy of the notice previously given is included as
Attachment B.
IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, Oncor requests that the tariff sheets
contained in Attachment A be approved, effective March 1, 2008, either by formal approval or
by taking no action and letting the tariffs go into effect by operation of law.
Respectfully submitted,
Oncor Electric Delivery Company LLC
•
By: 14—M-4C`)
JE/ F
Howard V.Fisher
State Bar No.07051500
Senior Counsel
Oncor Electric Delivery Company LLC
1601 Bryan Street, Suite 23-035C
Dallas,Texas 75201
Telephone: (214)486-3026
Facsimile: (214)486-3221
3
ATTACHMENT A
Proposed Revised Tariff Section 6.1.1.6
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 1 of 7
Effective Date: March 1,2008 Revision:Two
6.1.1.6 - Lighting Service
Street Lighting Service
AVAILABILITY
Applicable to Competitive Retailer for street lighting,pedestrian walkway lighting,and overhead sign lighting service to
governmental entities in areas served by Company. Overhead sign lighting is available only under the provisions of
Schedule D of the Monthly Rate-Unmetered Facilities or the Monthly Rate-Metered Facilities-Non-Company-Owned
provisions.
TYPE OF SERVICE
Single or three phase,60 hertz,at any of the Company's standard secondary or primary service voltages as required by
Competitive Retailer. Where existing distribution facilities are not adjacent to the point of delivery,additional charges and
special contract arrangements may be required prior to its being furnished. If service is provided at primary voltage,
Company may at its option meter service on the secondary side of the governmental entity's transformers and adjust for
transformer losses in accordance with Company's Tariff for Retail Delivery Service.
MONTHLY RATE
I. Unmetered Facilites
Points of Delivery(POD)Charge:$22.50 per governmental entity served by the Competitive Retailer.
Lamp Watts Lumens KWh Schedule Rect- Post-Top
angular
A B C D
Mercury Vapor 175 7,900 70 $7.35 $15.15 $3.35 $2.25 $18.65 $12.00
(See Note 1) 400 21,000 150 $11.25 $18.10 $6.65 $5.15 N.A. N.A.
1,000 63,000 370 $25.00 $33.05 $17.70 $12.75 N.A. N.A.
Sodium Vapor 100 9,500 40 $6.90 $14.25 $2.75 $1.40 $18.85 $11.20
150 16,000 70 $8.50 $15.65 $4.15 $2.30 $23.45 N.A.
200 22,000 80 $9.45 $16.35 $4.60 $2.75 $23.85 N.A.
250 27,500 100 $9.90 $17.00 $5.30 $3.45 $24.30 N.A.
400 50,000 160 $14.25 $23.45 $8.50 $5.30 $35.45 N.A.
1,000 140,000 375 $27.35 $36.60 $19.30 $12.90 $48.00 N.A.
Metal Halide 175 14,000 65 $9.20 $16.80 $5.05 $2.10 $20.90 $16.60
250 25,000 100 $11.75 $20.25 $6.70 $3.70 $30.40 N.A.
400 36,000 160 $14.00 $23.70 $8.50 $4.85 $39.80 N.A.
1,000 110,000 370 $26.45 $35.65 $18.85 $12.45 $48.55 N.A.
Other
Incandescent* All $6.90
Merc Mercury Vapor" 250W $16.10
Fluorescent* $19.55
Historical $19.55
Note 1: Mercury Vapor options are dosed to new installations. Company will continue to maintain existing Mercury Vapor installations
and will,at Company's option,install a Metal Halide ballast in place of a failed Mercury Vapor ballast. As existing fixtures are
damaged and must be replaced,Retail Customer will have the option to switch its service to the lamp type as specified in Mercury
Vapor Fixture Replacement Schedule below or to cancel service at no cost.
•Closed to new street lighting installations
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 2 of 7
Effective Date: March 1,2008 Revision:Two
II. System Benefit Fund: $0.000655 per kWh, See Rider SBF
Ill. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII. Other Charges or Credits:
Not Applicable
MONTHLY RATE
I. Metered Facilities—Non-Company Owned
Applicable for distribution service supplied at one point of delivery and measured through one meter to Retail Customer
owned,operated and maintained street and highway lighting,overhead sign lighting,and incidental safety lighting
equipment which operates same hours as normal street lighting.
Distribution Charges Amount
Customer Charge $ 2.72
Meter Charge $10.78
Distribution System Charge $ 0.0340 per kWh
II. System Benefit Fund: $0.000655 per kWh, See Rider SBF
III. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII. Competitive Metering Credit: See Rider CMC
IX.Other Charges or Credits:
Not Applicable
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 3 of 7
Effective Date: March 1, 2008 Revision:Two
MONTHLY RATE
I. Metered Facilities-Company-Owned(Closed to new installations)
Distribution Charges Amount
Customer Charge $ 2.55
Meter Charge $19.95
Distribution System Charge $ 0.1195 per kWh
II. System Benefit Fund: $0.000655 per kWh, See Rider SBF
III. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII. Competitive Metering Credit: See Rider CMC
IX.Other Charges or Credits:
Not Applicable
MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE
For Company-owned lights,when existing mercury vapor fixtures require replacement,Company will make such
replacements with comparable high pressure sodium vapor lighting at no cost,as specified below:
Existing Mercury Vapor Lighting: Sodium Vapor Replacement:
Wattage Lumens kWh Wattage Lumens kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
1,000 63,000 370 400 50,000 160
Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the
sodium vapor replacement lighting.
Upon request of the Retail Customer,Company will convert or replace existing mercury vapor lighting to street lighting
options other than those indicated above,as stated in"CONVERSION OR REPLACEMENT OF EXISTING FACILITIES,"
below.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 4 of 7
Effective Date: March 1, 2008 Revision:Two
DEFINITIONS
Schedule A applies to:
Group 1 Company installed, owned,operated,and maintained street lights mounted on wood poles and served
overhead.
Group 2 Company installed,owned,operated,and maintained street lights mounted on wood,steel,or
ornamental poles of a type normally used by Company,and served overhead or underground,and
Retail Customer has contributed to Company an amount equivalent to the difference between the total
installed cost of such street lighting and the total installed cost of an equivalent lighting system
mounted on wood poles and served overhead.
Schedule B applies to:
Group 1 Company installed, owned,operated,and maintained street lights mounted on steel or other
ornamental poles of a type normally used by Company and served overhead. If the number of steel
and/or other ornamental poles exceeds the number of such poles on which lights are mounted,there
will be an additional charge of$4.85 per month for each such excess pole. Where two street lights with
lamps of the same size are mounted on the same steel and/or other ornamental pole,Schedule B
applies to one of the lights and Schedule A to the other.
Group 2 Company installed,owned,operated,and maintained street lights mounted on steel or other
ornamental poles of a type normally used by Company and served underground,and Retail Customer
has contributed to Company an amount equivalent to the difference between the total installed cost of
the underground circuits serving the street lights and the total installed cost of overhead circuits.
Where two street lights with lamps of the same size are mounted on the same steel and/or other
ornamental pole,Schedule B applies to one of the lights and Schedule A to the other.
Schedule C*applies to:
Group 1 Street lights installed for the use of Retail Customer by Retail Customer or by a governmental
subdivision. All equipment replacement and maintenance is performed by Retail Customer or the
governmental subdivision. Company provides lamp replacement service only which includes lamp and
labor(unless otherwise requested in writing by Retail Customer).
Group 2 Company owned street lights mounted on steel or other ornamental poles of a type not normally used
by Company,and Retail Customer has contributed to Company an amount equivalent to the entire
construction cost of the street lighting facilities including luminaires and circuits.
*Company operates all street lights under Schedule C(must be of a type suitable for use with the lamp
sizes provided for herein)and makes all normal lamp replacements which includes lamp and labor at
its expense. All other maintenance will be billed to Retail Customer on the basis of actual costs
including appropriate overhead expenses.
Schedule D applies to:
Retail Customer operated and maintained street lights and overhead sign lights or where such lights are installed by a
governmental subdivision for the use of Retail Customer, and Company supplies distribution service to Retail Customer
for the operation of the street lights or overhead sign lights.
Rectangular,Post-Top and Historical apply to:
Company installed, owned, operated,and maintained street lights mounted on steel or other ornamental poles of a type
normally used by Company and served either overhead or underground.
Pedestrian Walkway Lighting:
Pedestrian walkway lighting is used to illuminate sidewalks along municipally-owned streets and roads and within
municipally-owned parks and recreational areas.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 5 of 7
Effective Date: March 1,2008 Revision:Two
CONVERSION OR REPLACEMENT OF EXISTING FACILITIES
Company will convert existing Company-owned facilities(size or type of luminaire)to a different Company-offered size or
type of luminaire upon request of and payment by Retail Customer of an amount equal to the estimated cost of such
conversion,including labor and materials,less the salvage value of the existing facilities.
Company will replace existing lighting facilities upon request of and payment by Retail Customer of an amount equal to
the estimated removal cost less salvage value of existing facilities. Installation of new facilities requested by Retail
Customer will be performed pursuant to the appropriate Schedule and Group described above.
SPECIAL CONDITIONS
For billing purposes the monthly street lighting and overhead sign lighting buming hours are 333 hours per month and all
connections and disconnections are assumed to have occurred at the beginning of the current month's billing period.
Retail Customer-owned unmetered lamps other than those of the lamp sizes shown under Schedule D are billed under
the metered rate and the amount of monthly energy is determined by multiplying the connected load(including ballast)by
the number of buming hours.
Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacement
occur,or Company may charge Retail Customer for such maintenance and/or lamp replacements. Company makes all
connections and disconnections to its distribution system.
AGREEMENT
An Agreement for Delivery Service with a term of not less than ten years is required.
NOTICE
This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 6 of 7
Effective Date: March 1, 2008 Revision:Two
Outdoor Lighting Service (CLOSED)
AVAILABILITY
Applicable to Competitive Retailers for unmetered lighting service supplied exclusively to one or more existing outdoor
lamps as specified below operating automatically from dusk to dawn.
Not applicable to street lighting.
MONTHLY RATE
I. Unmetered Facilities
Guard Lights
Type Watts kWh Lumens Facilities Charge
Mercury Vapor 175 70 7,900 $ 7.10
(See Note 1) 400 150 21,000 $10.85
Sodium Vapor 100 40 9,500 $ 6.75
200 80 22,000 $ 9.45
Note 1: Company will continue to maintain existing Mercury Vapor installations and will,at Company's option,install a Metal Halide
ballast in place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced,Retail Customer will have the
option to switch its service to another lamp type as specified in Mercury Vapor Fixture Replacement Schedule below or cancel service at
no cost.
Flood Lights
Type Watts kWh Lumens Facilities Charge
Metal Halide 250 100 25,000 $12.55
400 160 36,000 $15.10
Sodium Vapor 100 40 9,500 $ 9.10
250 100 27,000 $11.70
400 160 50,000 $14.95
II. System Benefit Fund: $0.000655 per kWh, See Rider SBF
III. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII.Other Charges or Credits:
Extra Spans: Plus$2.85 per span of secondary line installed hereunder in excess of one span per light.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet:6
Applicable: Areas Subject to Original Jurisdiction Page 7 of 7
Effective Date: March 1,2008 Revision:Two
MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE
When existing mercury vapor fixtures require replacement,Company will make such replacements with comparable high
pressure sodium vapor lighting at no cost as specified below
Existing Mercury Vapor Lighting: Sodium Vapor Replacement:
Wattage Lumens kWh Wattage Lumens kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the
sodium vapor replacement lighting.
MAINTENANCE OF FACILITIES
Company will maintain all facilities incidental to providing this service, including replacement of bumed-out lamps.
Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacements
are,in Company's sole judgment, likely to or actually do occur.
REMOVAL OF EXISTING FACILITIES
Except as specified above, Company will replace existing Company-owned luminaires with any of the outdoor lighting
options above or remove the existing luminaire upon request of and payment by Retail Customer of$73.00 for each
luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing luminaire.
This charge is applicable to all replacements whether or not an outdoor lighting service is active or inactive or a customer
change has taken or is taking place.
NOTICE
This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities.
ATTACHMENT B
Notice
NOTICE
On December 11, 2007, Oncor Electric Delivery Company LLC ("Oncor") filed a Petition with
the Public Utility Commission of Texas ("PUC") for administrative approval of modifications to
its Lighting Service tariff, Section 6.1.1.6, for mercury vapor lighting fixtures to reflect the
requirements of the Energy Policy Act of 2005 ("EPACT 2005"). That statute prohibits the
manufacture and importation of mercury ballasts after January 1, 2008. Therefore, Oncor
proposes to close its lighting service tariff to the installation of new mercury vapor ballasts and
fixtures effective January 21, 2008. Further, existing mercury vapor fixtures that need to be
replaced after January 21, 2008, will be replaced at no cost with high pressure sodium fixtures
(or metal halide fixtures for street lighting customers, upon request and payment of any
additional costs), or the customer can choose to discontinue service to that fixture at no cost.
Oncor will continue to provide service to existing mercury vapor fixtures until the fixture needs
to be replaced and Oncor will continue to replace mercury vapor bulbs on existing fixtures
because the manufacture and importation of the bulbs (as opposed to ballasts) has not been
prohibited by EPACT.
Oncor is seeking administrative approval of its proposed tariff changes from the PUC. After the
PUC completes its analysis, Oncor will ask its cities with original jurisdiction to approve the
same tariffs approved by the PUC.
The PUC has assigned Oncor's filing Tariff Filing No. 35103. Anyone who wishes to intervene,
file comments, or obtain further information regarding this proceeding should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the
Commission's Office of Consumer Protection at (512) 936-7120 or (888) 782 8477. Hearing
and speech-impaired individuals with the text telephones (TTY) may contact the Commission at
(512) 936-7136.
Oncor may be contacted about this filing by contacting Manuel A. Flores at telephone(214) 486-
3477, fax(214)486-2180, or E-mail: mflores 1 z)oncor.com.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: February 12, 2008 Item Number: 8
(City Secretary's Use Only)
Department: City Manager's Office
Prepared By: Mindy Manson Account Code: N/A
Date Prepared: February 4, 2008 Budgeted Amount: N/A
Exhibits: 5
Subject
Consider, and act upon, Ordinance No. 2008-08 endorsing the Settlement Agreement between ACSC and
Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs that implement the
terms of the Settlement Agreement.
Recommendation
N/A
Discussion
The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a
member of the Atmos Cities Steering Committee ("ACSC"). Since October, ACSC members have worked
diligently with Atmos representatives to explore options to address Atmos' latest request to increase rates by
$52 million and to resolve other outstanding issues. The ordinance and tariffs (Attachment B to the Ordinance)
reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by more
than 80 percent and ensure that the Company is able to provide safe and reliable natural gas service. The
Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for customers by resolving
outstanding appeals, creates a new process for expedited rate review by the cities, eliminates piecemeal
ratemaking, reimburses ACSC for rate case expenses associated with the GRIP surcharge cases, and avoids the
necessity of costly litigation. The ACSC Executive Committee recommends that ACSC members approve the
Settlement Agreement.
Purpose of the Ordinance: The purpose of the Ordinance is to endorse the Settlement Agreement between
ACSC and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs that
implement the terms of the Settlement Agreement. Approval of the Ordinance will result in a $10 million
increase in Atmos' revenues. This is an 80 percent reduction of the $52 million increase requested by Atmos in
its Statement of Intent. In addition, the tariffs approved by the Ordinance will replace the current piecemeal
ratemaking GRIP surcharge system with an expedited rate review process that ensures that cities can review all
components of future Company rate change requests. The Settlement Agreement also resolves all outstanding
issues between ACSC and Atmos, including six appeals currently pending in Texas courts.
Procedural History and Background on Atmos Rate Increases Since 2004:
On September 20, 2007, Atmos filed with the City the Company's Statement of Intent to increase natural gas
rates system-wide by approximately $52 million. The City suspended the October 25th Effective Date to work
Page 1 of 3
with other ACSC members to analyze the schedules and evidence offered by Atmos to support its request to
increase rates. In order to facilitate approval of this Ordinance and the attached tariffs, Atmos Mid-Tex has
agreed to extend the deadline for final city action until March 1, 2008.
Atmos' rate request represents the seventh increase in natural gas rates for customers in the Atmos Mid-Tex
service area since 2004. Four rate increases are the result of Gas Reliability Infrastructure Program (GRIP)
surcharges enacted pursuant to the Texas Utilities Code § 104.301. A primary complaint of cities around the
state regarding GRIP filings is that it is piecemeal ratemaking and only looks at changes in the utility's invested
capital, rather than a more comprehensive review of all components affecting rates charged. Cities thus far
have been unsuccessful in defeating GRIP at the Legislature and in court.
In addition to the four GRIP surcharges, base rates charged to customers served by Atmos Mid-Tex have
increased as the result of two system-wide cost of service rate filings since 2004. The Company's current
request to increase base rates would be the third system-wide cost of service increase for customers in Atmos
Mid-Tex's service area since 2004.
In the most recent cost of service rate request, GUD No. 9670, the Railroad Commission of Texas ("RRC" or
"Commission") issued an order in March, 2007, approving new system-wide rates for customers of Atmos Mid-
Tex. Residential customers were impacted disproportionally by the Commission's final order, with residential
rates increasing by $10 million annually, despite an overall system-wide rate increase of$5 million.
System-wide rates charged to residential customers in the Atmos Mid-Tex region were also increased by several
million dollars in 2004 in GUD No. 9400. In GUD Nos. 9400 and 9670, the hearings examiners that heard the
testimony and evaluated the evidence recommended that rates be reduced for customers. However, in both
cases, the Railroad Commission reversed key decisions of its own hearings examiners, ultimately issuing final
orders that approved rate increases instead of the recommended rate reductions.
Reasons Justifying Settlement: During the time that the City has retained original jurisdiction in this case,
consultants working on behalf of ACSC members have investigated the support for the Company's requested
rate increase. While the evidence does not support the $52 million increase requested by the Company, ACSC
consultants agree that the Company can justify an increase in revenues of at least $8 million and that there is a
reasonably high probability that the RRC would award an increase of at least $10 million.
A contested case proceeding before the RRC on the Company's current application will take several months and
cost ratepayers millions of dollars in rate case expenses and would not likely produce a request more favorable
than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members
take action to approve the Settlement Agreement. This Settlement Agreement achieves several desirable
outcomes, including:
• Reverses rate design decisions that unfairly impact residential ratepayers
• Does away with piecemeal ratemaking problems inherent to the GRIP surcharge process
• Eliminates exposure to potential court reversal of the multi-million dollar Poly-1 Pipe disallowance
(Atmos' issue on appeal in Docket No. 9400)
• Avoids uncertainty and potential negative consequences of Railroad Commission rate review(in the two
most recent rate cases affecting Atmos Mid-Tex customers, the Commission has reversed rate reductions
recommended by its own hearings examiners in favor of rate increases)
• Implements an expedited rate review process that includes the cities and allows review of all aspects of
Page 2 of 3
Atmos' cost of service
• Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP surcharge cases
• Protects ACSC members and their citizens from the remote possibility that a litigated outcome or
settlement with other parties produces a result more favorable than the ordinance passed by ACSC
members by including a Most Favored Nations provision in the Settlement Agreement.
Explanation of"Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the ordinance.
2. This section adopts the Settlement Agreement in all respects and finds it to be just, reasonable
and in the public interest.
3. This section adopts the attached Tariffs in all respects and finds the rates set pursuant to the
attached Tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs
that are being revised are attached to the Ordinance. Existing tariffs that are not being changed in any way are
not attached to the Ordinance.
4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings
Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this
Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if
the offending section or clause never existed.
7. This section is a "Most Favored Nations" clause, which protects the City by mandating that if a
Final Order or subsequent settlement agreement approved in any proceeding addressing the issues raised in
Atmos' Statement of Intent filing result in rates, revenues, terms and conditions, or benefits that would be more
beneficial to the ACSC Cities than the terms of this Settlement Agreement, the City may, at its option,
implement and benefit from such more favorable rates, revenues, terms and conditions, or benefits shall
additionally accrue to the ACSC Cities. However, the section makes it clear that application of the Most
Favored Nations provision does not affect the approval of the Rider RRM, Rider CEE, Rider GCR and the
Rider WNA, which shall continue according to their terms.
8. This section provides for an effective date upon passage.
9. This paragraph directs that a copy of the signed resolution be sent to a representative of the
Company and legal counsel for ACSC.
Approved By
Initial Date
Department Director MM 2//4/08
City Manager141 ( (0
Page 3 of 3
ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ("CITY") APPROVING A SETTLEMENT
AGREEMENT BETWEEN THE ATMOS CITIES STEERING
COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION
("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE
COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES
IN ALL CITIES EXERCISING ORIGINAL JURISDICTION;
DECLARING EXISTING RATES TO BE UNREASONABLE;
ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE SETTLEMENT AGREEMENT AND
FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS
TO BE JUST AND REASONABLE; ADOPTING A SAVINGS
CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE
COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy
Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with
an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, on or about September 20, 2007, Atmos Mid-Tex, pursuant to Gas Utility
Regulatory Act § 104.102 filed with the City a Statement of Intent to increase system-wide gas
rates by approximately $52 million, such increase to be effective in all municipalities exercising
original jurisdiction within its Mid-Tex Division service area effective on October 25, 2007; and
WHEREAS, the City took action to suspend the October 25, 2007 Effective Date and to
coordinate a response to Atmos' filing with more than 150 other similarly situated municipalities
through the Atmos Cities Steering Committee ("ACSC") (such participating cities are referred to
herein as "ACSC Cities"); and
WHEREAS, Atmos has agreed to extend the October 25, 2007, Effective Date such that
the City's jurisdiction over this matter ends March 1, 2008; and
WHEREAS, the Railroad Commission of Texas ("RRC" or the "Commission") in GUD
No. 9670, issued an Order approving new system-wide rates for customers of Atmos Energy's
Mid-Tex Division in March 2007, which increased residential base rates by approximately $10
million annually; and
WHEREAS, ACSC and Atmos have each appealed the RRC's decision in Atmos' most
recent system-wide rate increase as well as the decision rendered in GUD No. 9400 to the Travis
County District Court; and
Ordinance No.2008-08 1
Atmos Rate Increase
WHEREAS, Atmos and ACSC have been in continuing disagreement, dispute, and
litigation over the application of Section 104.301 of the Texas Utilities Code and the resulting
rate increases ("GRIP surcharges") established by the RRC; and
WHEREAS, Atmos filed its application for its fourth GRIP surcharge in four years on
May 31, 2007, seeking to increase the rates of all customers by approximately $12 million
annually; and
WHEREAS, the ACSC Cities desire to avoid the litigation expense that would result
from another lengthy contested rate case proceeding before the RRC as well as the prosecution
of the appeals in various courts of the GRIP surcharges and the two previous system-wide rate
decisions; and
WHEREAS, ACSC desires to recoup certain costs it previously incurred in connection
with GRIP-related proceedings (costs which Atmos contends are not reimbursable rate case
expenses under the Texas Utilities Code), as well as costs incurred in connection with this
proceeding; and
WHEREAS, on October 18, 2007, more than 60 ACSC members met in Arlington with
officers and executives of Atmos to discuss various issues, including rate making, resulting in a
mutual pledge to work toward settlement; and
WHEREAS, ACSC members designated a Settlement Committee made up of ACSC
representatives to work with ACSC attorneys and consultants to formulate and review reasonable
settlement positions to resolve outstanding matters with Atmos, including the pending rate
increase request; and
WHEREAS, the Settlement Committee and lawyers representing ACSC met several
times with the Company to negotiate a Settlement Agreement resolving the issues raised in the
Company's Statement of Intent filing as well as all outstanding appeals of the two prior rate cases
and various GRIP filings; and
WHEREAS, the Settlement Committee, as well as ACSC lawyers and consultants
believe existing rates are unreasonable and should be changed; and
WHEREAS, the ACSC Executive Committee recommends ACSC members approve the
negotiated Settlement Agreement and attached tariffs; and
WHEREAS, the attached tariffs provide for an expedited rate review process as a
substitute to the current GRIP process instituted by the Legislature; and
WHEREAS, the expedited rate review process as provided by the Rate Review
Mechanism Tariff eliminates piecemeal ratemaking, the ACSC's major objection to the current
GRIP process; and
Ordinance No.2008-08 2
Atmos Rate Increase
WHEREAS, the attached tariffs implementing new rates are consistent with the
Settlement Agreement and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any
Settlement Agreement that Atmos enters into with other entities arising out of its Statement of
Intent or any associated appeals of a decision entered by the Railroad Commission regarding the
Company's request to increase rates; and
WHEREAS, the Settlement Agreement as a whole is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds that the Settlement Agreement,which is attached hereto
and incorporated herein as Attachment A, is in the public interest and is hereby endorsed in
all respects.
Section 3. That existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable and new tariffs, which are attached hereto and incorporated herein as
Attachment B, are just and reasonable and are hereby adopted.
Section 4. That to the extent any resolution or ordinance previously adopted by the Council is
inconsistent with this Ordinance, it is hereby repealed.
Section 5. That the meeting at which this Ordinance was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 7. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits
resulting from a Final Order or subsequent Settlement Agreement approved in any proceeding
addressing the issues raised in Atmos' Statement of Intent would be more beneficial to the ACSC
Cities than the terms of the attached Settlement Agreement, then the more favorable rates,
revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities.
However, approval of the attached Rider RRM, Rider CEE, Rider GCR and the Rider WNA
shall not be affected by the application of the provisions contained in this section, it being the
understanding and the intent of the parties hereto that such tariffs shall continue according to
their terms.
Ordinance No.2008-08
3
Atmos Rate Increase
Section 8. That this Ordinance shall become effective from and after its passage with rates
authorized by attached Tariffs to be effective for customer bills delivered on or after March 1,
2008.
Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T.
Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this the 12th day of February, 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No.2008-08 4
Atmos Rate Increase
ATTACHMENT A
STATEMENT OF INTENT FILED BY ATMOS ENERGY, CORP.,MID-TEX DIVISION
ON SEPTEMBER 20,2007
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by and between Atmos Energy Corp.("Atmos"
or "the Company") and the Atmos Cities Steering Committee ("ACSC"), whose members
include the Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington,
Bedford, Bellmead, Benbrook, Beverly Hills, Blue Ridge, Bowie, Boyd, Bridgeport,
Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Carrollton, Cedar Hill, Celeste,
Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche,
Coolidge, Coppell, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison,
DeSoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview,
Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost,
Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Harker Heights, Haskell,
Haslet, Heath, Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving,
Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake
Worth, Lancaster, Lewisville, Lincoln Park, Little Elm, Malakoff, Mansfield, McKinney,
Melissa, Mesquite, Midlothian, Murphy, Newark, Nocona, North Richland Hills, Northlake, Oak
Leaf, Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper,
Putnam, Quitman, Red Oak, Reno (Parker County), Richardson, Richland Hills, Roanoke,
Robinson, Rockwall, Roscoe, Rowlett, Sachse, Saginaw, Seagoville, Sherman, Snyder,
Southlake, Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Terrell,
The Colony, Throckmorton, Tyler, University Park, Venus, Vernon, Waco, Watauga,
Waxahachie, Westlake, Westworth Village, Whitesboro, White Settlement, Wichita Falls,
Woodway, and Wylie(collectively"ACSC Cities").
WHEREAS, the Settlement Agreement resolves all issues relating to the Atmos Energy
Corp., Mid-Tex Division Statement of Intent filed with the ACSC Cities on September 20, 2007,
in a manner that Atmos and ACSC ("the Signatories") believe is consistent with the public
interest, and the Signatories represent diverse interests;
WHEREAS, the Signatories believe that a fully contested hearing in the case would be
time-consuming and entail substantial additional expense for all parties and that the public
interest will be served by adoption of an ordinance consistent with the Settlement Agreement;
NOW, THEREFORE, in consideration of the mutual agreements and covenants
established herein, the Signatories, through their undersigned representatives, agree to and
recommend for approval by the ACSC Cities the following Settlement Terms as a means of fully
resolving all issues raised in the September 20, 2007 Statement of Intent filed by Atmos on
behalf of its Mid-Tex division:
Settlement Terms
1. Atmos and the ACSC Cities agree to the rates, terms and conditions reflected in the
tariffs attached to this Settlement Agreement as Exhibit A. Said tariffs should allow
Atmos an additional $10 million in annual revenue by implementation of rates shown in
1
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
the proof of revenues attached as Exhibit B. Atmos and the ACSC Cities further agree
that the rates, terms, and conditions reflected in Exhibit A to this Settlement Agreement
comply with the rate-setting requirements of Chapter 104 of the Texas Utilities Code.
The gas rates, terms and conditions established by this Settlement Agreement shall be
effective for bills rendered on or after March 1, 2008.
2. The net plant amounts shown in the attached Exhibit B are reasonable for the plant that is
used and useful in providing gas utility service.
3. Included as part of Exhibit A is a Rate Review Mechanism ("Rider RRM") that provides
for an annual rate adjustment to reflect changes in billing determinants, operating and
maintenance expense, depreciation expense, other taxes expense, and revenues as well as
changes in capital investment and associated changes in gross revenue related taxes.
Atmos agrees that effective with the implementation of the first RRM rate adjustment,
Atmos shall file with the ACSC Cities a revised Rate R-Residential Sales Tariff to reduce
the customer charge per bill from $10.69 per month to $7.00 per month and to increase
the volumetric portion of the rate (shown as $1.271 in Exhibit A) to the appropriate level
to reflect reduction in customer charge from $10.69 to $7.00, as well as to reflect any
change resulting from the RRM implementation. The first RRM rate adjustment is
expected to occur October 1, 2008. Atmos and the ACSC Cities agree that following the
initial RRM adjustment any subsequent implementation of RRM adjustments shall be
supported as described in the Rider RRM, and shall limit changes to residential and
commercial customer charge to no more than 20%. Further, the parties agree that any
approved adjustment in excess of the 20% limitation on the residential and commercial
customer charge shall be recovered through the volumetric portion of the rate.
4. With respect to the RRM, Atmos and the ACSC Cities agree that the rate increase
limitations set forth in Rider RRM under Calculation of Rate Adjustment, subpart (c)
shall not preclude Atmos from recovering any excluded costs during a subsequent
Evaluation Period in which the 5% limitation for O&M expenses or net plant investment,
respectively, is not reached or in a subsequent Statement of Intent case. To the extent
that Atmos seeks to recover any excluded costs during a subsequent Evaluation Period in
which the 5% limitation for O&M expenses or net plant investment, respectively, is not
reached or in a subsequent Statement of Intent case, Atmos shall identify these costs as a
specific line item in the schedule accompanying the RRM rate adjustment filing.
5. With respect to the RRM, Atmos further agrees to pay all reasonable and necessary
expenses of each entity having original jurisdiction that are incurred to review the
Company's annual RRM filings. Atmos further agrees that in calculating the proposed
rate for any Rate Effective Period, the Company shall not include: (1) any external legal,
expert, or consultant costs to prepare and/or provide supportive information related to its
filing; or(2) reimbursements to original jurisdiction entities.
6. Notwithstanding paragraph 5 of this Settlement Agreement, Atmos and ACSC agree that
in the event of an appeal of an original jurisdiction entity's decision regarding a proposed
RRM adjustment, recovery of rate case expenses shall be determined according to
Chapters 103 and 104, TEx. UTIL. CODE ANN. Further, in the event of such appeal(s),
2
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
Atmos shall recover any reimbursement made to the original jurisdiction entity through a
surcharge to customer rates whether such reimbursements are made during the initial
review period or appeal period.
7. Atmos agrees that it will make no filings on behalf of its Mid-Tex division under the
provisions of Thx. UTIL. CODE ANN. § 104.301 while the Rider RRM is in place, and any
such filings pending at the time the RRM is approved will be trued-up for revenue and
rate base components prior to implementation of the annual RRM. In the event that a
regulatory authority fails to act or enters an adverse decision regarding the proposed
annual RRM adjustment, the Railroad Commission of Texas shall, pursuant to the
provisions of the Texas Utilities Code, have exclusive appellate jurisdiction to review the
action or inaction of the regulatory authority exercising exclusive original jurisdiction
over the RRM request. In addition, the Signatories agree that this Settlement Agreement
shall not be construed as a waiver of the ACSC Cities' right to initiate a show cause
proceeding or the Company's right to file a Statement of Intent under the provisions of
the Texas Utilities Code.
8. Atmos and the ACSC Cities commit that during the Initial Implementation Period, as
defined in the RRM tariff, Atmos and the ACSC Cities will not devote resources or
efforts to advocate statutory changes involving rate stabilization mechanisms or the Gas
Reliability Infrastructure Plan that is currently codified under TEx.UTIL.CODE §104.301.
9. Atmos and the ACSC Cities agree that the gas cost portion of uncollectible expense shall
be recovered through the Company's Rider GCR rather than through base rates. The
change in accounting for the gas cost portion of uncollectible expense (including both the
accrual of expense and write-off of accounts) shall become effective with the
implementation of the first RRM rate adjustment. The first RRM rate adjustment is
expected to occur October 1, 2008. In calculating the rate for the first Rate Effective
Period, the Company shall utilize the same methodology as used in the Company's
September 20, 2007 Statement of Intent with the only modification being to exclude the
effects of the gas cost portion of uncollectible expense from the base rate calculation.
10. Atmos and the ACSC Cities further agree that expense associated with lost and
unaccountable gas shall, based on an annual period, be recoverable through the
Company's Rider GCR up to a maximum of five (5) percent of the quantity of metered
gas, as provided under Commission Rule 7.5525, Lost and Unaccounted for Gas. Such
change shall be effective with the complete 12 month reporting period ending June 30,
2008.
11. Included as part of Exhibit A to this Settlement Agreement is a new gas conservation
program tariff(Rider CEE)that will be effective October 1, 2008. Atmos and the ACSC
Cities agree that Atmos will fund $1 million of the allowable expenses incurred annually,
with a customer rate component providing the remainder $1 million of funding. All
customer-supplied funds will, prior to the commencement of the program,be used toward
program implementation efforts and, upon implementation, be applied directly to the gas
conservation materials and supplies.
3
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
12. Atmos and the ACSC Cities agree that the Company's requested revision of its weather
normalization adjustment ("WNA") mechanism is appropriate, as modified by ACSC,
and should be approved as set forth in Exhibit A to this Settlement Agreement.
Specifically, the revision excludes non-weather sensitive commercial customers and
modifies the WNA mechanism to calculate the WNA adjustment based on weather
stations at a regional level rather than under the current practice of associating all
customers with a single weather location for purposes of determining the WNA
adjustment.
13. Atmos and the ACSC Cities agree that the three-year gas cost review process that is
currently in effect for the Mid-Tex division should be eliminated. Atmos and the ACSC
Cities further agree to collaborate to establish an alternate process wherein the prudence
of gas costs recovered through the Rider GCR can be addressed. Until an agreed upon
replacement mechanism has been established, the current gas cost review process shall
remain in effect, unless changed by order of the Commission.
14. It is the intention of the Signatories that the ACSC Cities receive the benefit of any
settlement agreement that Atmos enters into with other entities arising out of GUD No.
9672 (consolidated cases) or any associated appeals of GUD No. 9672. Therefore, Atmos
agrees that if the rates, revenues, terms and conditions, or benefits accruing to the settling
entity would be more beneficial to the ACSC Cities than the terms of this Settlement
Agreement, as determined by the ACSC Cities, such more favorable rates, revenues, terms
and conditions, or benefits shall additionally accrue to the ACSC Cities. Similarly, if the
Final Order in GUD No. 9672 or orders resulting from any associated appeals are
determined by the ACSC Cities to result in rates, revenues, terms and conditions, or
benefits that are more beneficial than the terms or this Settlement Agreement, such more
favorable terms, revenues, terms and conditions shall additionally accrue to the ACSC
Cities. However, the Signatories agree that the approval of the Rider RRM, the Rider
WNA, the Rider CEE, and the Rider GCR, as shown in Exhibit A hereto, shall not be
affected by the application of the "most favored nations" provisions contained in this
paragraph, it being the understanding and the intent of the Signatories hereto that such
tariffs shall continue in effectiveness according to their terms. The Signatories further
agree that the agreement reflected in paragraph 10 of this Settlement Agreement shall not
be affected by the application of the "most favored nations" provisions contained in this
paragraph.
15. Atmos agrees to reimburse the ACSC Cities previously incurred rate case expenses
within 30 days of the date the last ACSC City ordinance approving this Settlement
Agreement is entered, and any additional rate case expenses incurred through the date of
the entry of the last ACSC City ordinance,within 30 days of receipt of invoices.
16. Atmos agrees to reimburse the ACSC Cities for expenses associated with all 2003, 2004,
2005, and 2006 GRIP filings and related court appeals up to $567,213 within 30 days of
the date the last ACSC City ordinance approving this Settlement Agreement is entered.
17. Atmos and the ACSC Cities further agree that all expenses reimbursed pursuant to
paragraphs 15 and 16 of this Settlement Agreement, as well as all reasonable rate case
4
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
expenses directly incurred by Atmos in connection with the September 20, 2007
Statement of Intent filed on behalf of its Mid-Tex Division through February 29, 2008,
shall be recoverable through a surcharge to customer rates within the ACSC Cities. With
respect to the rate case expenses directly incurred by Atmos, the amount to be recovered
through the surcharge to customers within the ACSC Cities shall be determined on a pro
rata basis, consistent with the ACSC Cities' percentage of total Mid-Tex residential load
(52%). The surcharge shall be recovered over a twelve month period beginning in April
of 2008.
18. Within 30 days of the date the last ACSC City ordinance approving this Settlement
Agreement is entered, Atmos and the ACSC Cities agree to file a Notice of Non-Suit or
Motion to Dismiss,whichever is applicable, in the following proceedings:
Cause No. D-1-GN-06-000337 (Consolidated), Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County, Texas. This
case includes the following cases:
a. Cause No. D-1-GN-06-000333;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court,Travis County,Texas.
b. Cause No. D-1-GN-06-000334;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County,Texas.
c. Cause No. D-1-GN-06-000335;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court,Travis County,Texas.
d. Cause No. D-1-GN-06-000336;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County,Texas.
e. Cause No. D-1-GN-06-000332;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County,Texas.
f. Cause No. D-l-GN-05-002182;Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County,Texas.
g. Cause No. D-1-GN-06-004206; Atmos Cities Steering Committee v. The
Railroad Commission of Texas, In the 345th District Court, Travis County,Texas.
Cause No. D-1-GN-06-001612; Atmos Cities Steering Committee v. The Railroad
Commission of Texas, In the 345th District Court,Travis County,Texas.
Cause No. D-1-GN-06-001852; Atmos Cities Steering Committee v. The Railroad
Commission of Texas, In the 345th District Court,Travis County, Texas.
Cause No. D-1-GV-06-000603; Atmos Cities Steering Committee v. The Railroad
Commission of Texas, In the 345th District Court,Travis County,Texas.
Cause No. D-1-GV-06-000605; Atmos Cities Steering Committee v. The Railroad
Commission of Texas, In the 345th District Court, Travis County,Texas.
5
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
Cause No. D-1-GN-06-004518; Atmos Cities Steering Committee v. The Railroad
Commission of Texas, In the 345th District Court, Travis County, Texas.
Cause Number: 03-06-00580-CV;Atmos Energy Corporation, as successor by merger to
TXU Gas Company, Allied Coalition of Cities, and City of Dallas v. Railroad
Commission of Texas; In the Third District Court of Appeals at Austin, Texas.
Cause No. D-1-GN-07-002871,Atmos Cities Steering Committee v. Railroad
Commission of Texas, In the 53rd District Court, Travis County, Texas.
Cause No. D-1-GN-07-002796,Atmos Energy Corporation v. Railroad Commission of
Texas, In the 250th District Court, Travis County, Texas.
Cause No. GV5-00875;Allied Coalition of Cities v. The Railroad Commission of Texas,
In the 345th District Court,Travis County,Texas.
19. Atmos and the ACSC Cities agree that Atmos may make all future filings, including, but
not limited to, the annual RRM adjustment and any Statement of Intent filing with the
ACSC Cities on an electronic basis, rather than by paper copy. Electronic Filings shall
fulfill the requirements of TEx. UTIL. CODE §104.103. The appropriate ACSC Cities
representative shall provide a list of the ACSC Cities to Atmos by March 1, 2008, and
agrees to notify Atmos of any change in the ACSC Cities Coalition within 30 days of the
effective date of any such change in order for Atmos to maintain adequate service
records. Atmos further agrees to make paper copies of filings available to any ACSC
City that requests a copy.
20. Atmos and the ACSC Cities agree that the ACSC Cities should pass ordinances
approving the Settlement Agreement and establish rates and services for the ACSC Cities
consistent with those set forth in Exhibit A to this Settlement Agreement.
21. The Signatories agree that the terms of the Settlement Agreement are interdependent and
indivisible, and that if any ACSC City enters an order that is inconsistent with this
Settlement Agreement, then any Signatory may withdraw without being deemed to have
waived any procedural right or to have taken any substantive position on any fact or issue
by virtue of that Signatory's entry into the Settlement Agreement or its subsequent
withdrawal.
22. The Signatories agree that all negotiations, discussions and conferences related to the
Settlement Agreement are privileged, inadmissible, and not relevant to prove any issues
associated with the September 20, 2007 Statement of Intent filed by Atmos on behalf of
its Mid-Tex Division pursuant to Texas law.
23. The Signatories agree that neither this Settlement Agreement nor any oral or written
statements made during the course of settlement negotiations may be used for any
purpose other than as necessary to support the entry by the ACSC Cities of an order
implementing this Settlement Agreement.
6
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
24. The Signatories agree that this Settlement Agreement is binding on each Signatory only
for the purpose of settling the issues set forth herein and for no other purposes, and,
except to the extent the Settlement Agreement governs a Signatory's rights and
obligations for future periods, this Settlement Agreement shall not be binding or
precedential upon a Signatory outside this proceeding.
25. The Signatories agree that this Settlement Agreement may be executed in multiple
counterparts and may be filed with facsimile signatures.
7
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMI3ER 20,2007 WITH TI-IF ACSC COALITION OF CITIES
Agreed to this 9th day of January,2008.
ATMOS ENERGY CORP.,MID-TEX DI:VISIO?
•
By.
Jol A. Paris
President,Mid-Tex Division
8
SETTLEMENT AGREEMENT
STATEMENT OF INTENT FILED BY ATMOS ENERGY,CORP.,
MID-TEX DIVISION ON SEPTEMBER 20,2007
Agreed to this 9th day of January, 2008.
ATTORNEY FOR ATMOS CITIES STEERING COMMITTEE,
WHOSE MEMBERS INCLUDE THE CITIES OF ABILENE,
ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE,
ARLINGTON, BEDFORD, BELLMEAD, BENBROOK,
BEVERLY HILLS, BLUE RIDGE, BOWIE, BOYD,
BRIDGEPORT, BROWNWOOD, BUFFALO, BURKBURNETT,
BURLESON, CADDO MILLS, CARROLLTON, CEDAR HILL,
CELESTE, CELINA, CISCO, CLEBURNE, CLYDE, COLLEGE
STATION, COLLEYVILLE, COLORADO CITY, COMANCHE,
COOLIDGE, COPPELL, CORINTH, CORRAL CITY,
CRANDALL, CROWLEY, DALWORTHINGTON GARDENS,
DENISON, DESOTO, DUNCANVILLE, EASTLAND,
EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS,
EVERMAN, FAIRVIEW, FARMERS BRANCH,
FARMERSVILLE, FATE, FLOWER MOUND, FOREST HILL,
FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND,
GARRETT, GRAND PRAIRIE, GRAPEVINE, HALTOM CITY,
HARKER HEIGHTS, HASKELL, HASLET, HEATH, HEWITT,
HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE,
HURST, IOWA PARK, IRVING, JUSTIN, KAUFMAN, KEENE,
KELLER, KEMP, KENNEDALE, KERRVILLE, KILLEEN,
KRUM, LAKESIDE, LAKE WORTH, LANCASTER,
LEWISVILLE, LINCOLN PARK, LITTLE ELM, MALAKOFF,
MANSFIELD, MCKINNEY, MELISSA, MESQUITE,
MIDLOTHIAN, MURPHY, NEWARK, NOCONA, NORTH
RICHLAND HILLS, NORTHLAKE, OAK LEAF, OVILLA,
PALESTINE, PANTEGO, PARIS, PARKER, PECAN HILL,
PLANO, PONDER, POTTSBORO, PROSPER, PUTNAM,
QUITMAN, RED OAK, RENO (PARKER COUNTY),
RICHARDSON, RICHLAND HILLS, ROANOKE, ROBINSON,
ROCKWALL, ROSCOE, ROWLETT, SACHSE, SAGINAW,
SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE,
SPRINGTOWN, STAMFORD, STEPHENVILLE, SULPHUR
SPRINGS, SWEETWATER, TEMPLE, TERRELL, THE
COLONY, THROCKMORTON, TYLER, UNIVERSITY PARK,
VENUS, VERNON, WACO, WATAUGA, WAXAHACHIE,
WESTLAKE, WESTWORTH VILLAGE, WHITESBORO,
WHITE SETTLEMENT, WICHITA FALLS, WOODWAY, AND
WYLIE.
By: )4(
Geoffrey ay
9
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: TABLE OF CONTENTS
APPLICABLE TO: Entire System REVISION DATE:
February 1, 2008
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
I. UTILITY OPERATIONS
II. CITIES AND COUNTIES SERVED
III. DEFINITIONS
IV. GAS SERVICE RATES & RIDERS
Rate R-Residential Sales
Rate C-Commercial Sales
Rate I - Industrial Sales
Rate T-Transportation
Rider CT—Competitive Transport
Rider GCR-Gas Cost Recovery
Rider FF-Franchise Fee Adjustment
Rider SUR—Surcharges
Rate LEP— Line Extension Policy
Rate M-Miscellaneous Charges
Rider RA-Retention Adjustment
Rider TAX-Tax Adjustment
Rider WNA—Weather Normalization Adjustment
Rider RRM—Rate Review Mechanism
Rider CEE—Conservation and Energy Efficiency
V. SERVICE RULES AND REGULATIONS
10
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate R-Residential Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RATE R - RESIDENTIAL SALES
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 10.69 per month
Commodity Charge—All Mcf $1.2710 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a) and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
11
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate C-Commercial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RATE C - COMMERCIAL SALES
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $20.28 per month
Commodity Charge-All Mcf $ 0.7104 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
12
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate I -Industrial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 2
February 1, 2008
RATE I- INDUSTRIAL SALES
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
• service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $344.75 per month
First 0 MMBtu to 1,500 MMBtu $0.2200 per MMBtu
Next 3,500 MMBtu $0.1600 per MMBtu
All MMBtu over 5,000 MMBtu $0.0493 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a) and Part(b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled"Daily Price Survey."
13
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate I -Industrial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 2
February 1, 2008
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
14
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate T—Transportation
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 2
February 1, 2008
RATE T-TRANSPORTATION
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 344.75 per month
First 0 MMBtu to 1,500 MMBtu $0.2200 per MMBtu
Next 3,500 MMBtu $ 0.1600 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0493 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part(b) of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150%of the difference per MMBtu
between the highest and lowest"midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
15 .
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate T-Transportation
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 2
February 1, 2008
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
16
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 3
October 1, 2008
Rider GCR - Gas Cost Recovery
Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R,
Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount
due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated
in Section (b) below.
The amount due for gas cost(Section (a)) is determined by multiplying the Gas Cost Recovery Factor
(GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I,
monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to
recover actual costs.
The amount due for pipeline cost(Section (b)) is determined by multiplying the Pipeline Cost Factor
(PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and
Rate T, monthly volume will be-calculated on an MMBtu basis and the quantities will be adjusted as
necessary to recover actual costs.
(a) Gas Cost
Method of Calculation
The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor(GCRF),
as determined with the following formula:
GCRF= Estimated Gas Cost Factor(EGCF)+ Reconciliation Factor(RF)+Taxes (TXS)+Adjustments
(ADJ)
EGCF= Estimated cost of gas, including lost and unaccounted for gas attributed to residential,
commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided
by the estimated total residential, commercial, and industrial sales.
RF= Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of
interest, over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed
over that same twelve-month period by the estimated total residential, commercial, and industrial
sales for the succeeding October through June billing months.
Actual Gas Cost Incurred=The sum of the costs booked in Atmos Energy Corp.,Mid-Tex Division
account numbers 80o through 813 and 858 of the NARUC Uniform System of Accounts,
including the net impact of injecting and withdrawing gas from storage. Also includes a
credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically
considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull
Fees.
Actual Gas Cost Billed=EGCF multiplied by the monthly volumes billed to Residential,
Commercial and Industrial Sales customers,less the total amount of gas cost determined to have
been uncollectible and written off which remain unpaid for each month of the reconciliation
period.
17
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 3
October 1, 2008
Any amount remaining in the reconciliation balance after the conclusion of the period of
amortization will be maintained in the reconciliation balance and included in the collection of the
next RF.
Atmos Energy shall file annual reports with the Commission,providing by month the following
amounts: Gas Cost Written Off.Margin Written Off,Tax and Other Written Off,Total Written
Off,Gas Cost Collected and Margin Collected.
TXS= Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by
the estimated total residential, commercial, and industrial sales.
ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest,divided by the
estimated total residential, commercial, and industrial sales.
(b) Pipeline Cost
Method of Calculation
Each month, a Pipeline Cost Factor(PCF) is calculated separately for each Pipeline Cost Rate Class
listed below. The formula for the PCF is:
PCF= PP/S, where:
PP = (P-A)x D, where:
P= Estimated monthly cost of pipeline service calculated pursuant to Rate CGS
•
D= Pipeline service allocation factor for the rate class as approved in the Company's most recent
rate case, as follows:
Pipeline Cost Rate Class Allocation Factor(D)
Rate R-Residential Service .634783
)Rate C -Commercial Service .302805
~Rate I -Industrial Service and Rate T-Transportation Service .062412
A=Adjustment applied in the current month to correct for the difference between the actual and
estimated pipeline cost revenue of the second preceding month, calculated by the formula:
A= R-(C-A2), where:
R=Actual revenue received from the application of the PP component in the second preceding
month.
C=Actual pipeline costs for the second preceding month.
A2=The adjustment(A)applied to the PP component in the second preceding month.
S= Estimated Mcf or MMBtu for the rate class for the current billing month.
The PCF is calculated to the nearest 0.0001 cent.
18
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 3 OF 3
October 1, 2008
The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the
appropriate PCF. The Pipeline Cost is determined to the nearest whole cent.
19
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 3
November 1, 2008
RIDER WNA—Weather Normalization Adjustment
Provisions for Adjustment
The base rate per Mcf(1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the
cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be
adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization
Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential,
and commercial bills based on meters read during the revenue months of November through April.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Mcf by the following formula:
(HSFi x (NDD-ADD))
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Mcf
Ri = base rate of temperature sensitive sales for the ith schedule or
classification approved by the entity exercising original jurisdiction.
HSFi = heat sensitive factor for the ith schedule or classification calculated as the
slope of the linear regression of average sales per bill(Mcf)and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification calculated as the y-
intercept of the linear regression of average sales per bill (Mcf)and actual
heating degree days by month for the test year by schedule or classification
20
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 3
November 1, 2008
and weather station as part of the RRM filing.
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA;= WNAF, x qjj
Where qu is the relevant sales quantity for the jth customer in ith rate schedule.
Filings with Entities Exercising Original Jurisdiction
As part of its annual RRM filing the Company will file (a)a copy of each computation of the
Weather Normalization Adjustment Factor,(b)a schedule showing the effective date of each such
Weather Normalization Adjustment,(c)a schedule showing the factors of values used in calculating
such Weather Normalization Adjustment and(d)a random sample and audit of thirty(30)actual
customer bills,with customer information deleted, for each rate schedule or classification to which the
WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit
the WNA application,such data will be provided by the Company as part of the annual RRM filing.
If the RRM is discontinued,as provided in the Rider RRM tariff,the information required herein to be
filed with the entities exercising original jurisdiction shall be filed on March 1 of each year.
Base Use/Heat Sensitivity (HSF)Factors
Residential Commercial
Base use HSF Base use HSF
Weather Station Mcf Mcf/HDD Mcf Mcf/HDD
Abilene 1.14 .0131 8.11 .0631
Austin 1.31 .0136 18.05 .0669
Dallas 1.57 .0185 18.08 .0925
Waco 1.20 .0138 10.97 .0606
Wichita 1.27 .0147 11.58 .0581
Falls
21
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 3 OF 3
November 1, 2008
Sample WNAF1 Calculation:
(.0131 x (30-17) )
.1533 per Mcf = 1.2267 x
(1.14 + (.0131 x 17) )
Where
= Residential Single Block Rate Schedule
Ri = 1.2267 per MCF(Rate R-Final Order GUD No. 9670)
HSFi = .0131 (Residential -Abilene Area)
NDD = 30 HDD(Simple ten-year average of Actual HDD for Abilene Area—9/15/06
— 10/14/06)
ADD = 17 HDD(Actual HDD for Abilene Area—9/15/06— 10/14/06)
Bli = 1.14 Mcf(Residential -Abilene Area)
22
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 1 of 5
February 1, 2008
RIDER RRM—RATE REVIEW MECHANISM
Purpose:
This mechanism is designed to provide annual earnings transparency. If,through the implementation of the
provisions of this mechanism, it is determined that rates should be decreased or increased,then rates will be
adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this
mechanism will reflect annual changes in the Company's cost of service and rate base. This adjustment
will be authorized for an Initial Implementation Period. With the conclusion of the final rate adjustment,if
any,for the Initial Implementation Period, each entity having original jurisdiction may revoke, amend, or
approve Subsequent Implementation Period(s)for,the mechanism.
Definitions
a) The Annual Evaluation Date shall be the date the Company will make its annual filing under this
mechanism. The Annual Evaluation Date shall be no later than March 1,of each year. This filing shall be
effective in electronic form where practicable. The initial filing shall be made March 31,2008.
b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid-
Tex operating area and shared services operations. Audited Financial Data shall not require the schedules
and information provided under this tariff to undergo a separate financial audit by an outside auditing firm
similar to the Company's annual financial audit.
c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar
year. The initial Evaluation Period shall be calendar year 2007.
d) The Rate Effective Period is defined as the earlier of the twelve month period for which rates
determined under this mechanism will be in effect or subsequent rates are implemented.
e)Per Connection Basis is defined as the average number of connections during the Evaluation Period.
f)Initial Implementation Period is defined as the three(3)year period commencing with the Company's
filing under this mechanism for the calendar year 2007,effective October 1,2008, and shall conclude with
the implementation of rate adjustments,if any,for the third Rate Effective Period.
g) Subsequent Implementation Period is defined as any three(3)year period after the conclusion of the
Initial Implementation Period.
h) Final Order is defined as the most recent order establishing the Company's latest effective rates for the
area in which the mechanism is implemented,and shall include municipal rate ordinances and resolutions.
Rate Review Mechanism
The Company shall file with each regulatory authority having original jurisdiction over the Company's
rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual
23
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE:2 of 5
February 1,2008
Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the
Company's Audited Financial Data,as adjusted,and provided in the same format as Atmos' rate filing with
municipalities on September 20,2007,will include the following:
a) Company's actual gross plant in service, accumulated depreciation, accumulated deferred income
taxes, inventory, working capital, and other rate base components. The ratemaking treatments,
principles, findings and adjustments included in the Final Order will apply. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will be maintained where
applicable. Cash working capital will be calculated using the lead/lag days approved in the Final
Order.
b) The Company's depreciation expense, operating and maintenance expense, income taxes, and
taxes other than income taxes. Depreciation rates will be those approved in the Final Order,or the
rate most recently approved. All calculation methodologies will be those approved in the Final
Order, or in the most recent order addressing the methodology. In addition, the Company shall
exclude from operating and maintenance expense the type of expenses related to employee
expense accounts disallowed in the GUD No.9670 Final Order.
c) Return on Equity(ROE)shall be maintained at 9.6%.
d) Cost of debt will reflect actual cost. Capital structure will be the actual Evaluation Period ending
ratio of long-term debt and equity,with percentage equity not to exceed the percentage established
in the Final Order in G.U.D.No.9670(48.1%equity).
e) All applicable accounting and pro forma adjustments along with all supporting workpapers.
f) Pro-forma adjustments to update and annualize costs and revenue billing determinants for the Rate
Effective Period.
g) Pro-forma or other adjustments required to properly account for atypical,unusual,or nonrecurring
events.
h) Shared Services allocation factors may be recalculated each year based on the latest component
factors,but the methodology used will be that approved in the Final Order.
Calculation of Rate Adjustment
a) The Company shall provide additional schedules indicating the following revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order. These
schedules shall identify the rate adjustments necessary for both a true-up of revenue for the
Evaluation Period and the setting of prospective rates for the Rate Effective Period. The net result
of these rate adjustments shall be reflected in the proposed new rates to be established for the Rate
Effective Period. In calculating the required rate adjustments,such adjustments will be made pro-
ratably to the customer charge and usage charge based upon actual revenue generated,as adjusted
under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided,
24
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 3 of 5
February 1, 2008
however, that neither the Residential nor the Commercial customer charges may increase more
than 20%per year.
b) If Company's earnings during the Evaluation Period exceed 9.6% return on common equity, the
Company shall calculate an adjustment to rates to refund the revenue required to achieve a return
on equity of 9.6%for the Evaluation Period. If Company's earnings during the Evaluation Period
are below 9.6%return on common equity, the Company shall calculate an adjustment in rates to
collect the additional revenue required to increase its return on equity for the Evaluation Period to
9.6%. The Company will calculate an adjustment for the Rate Effective Period to refund or collect
this difference.
c) The Company will adjust rates for the Rate Effective Period to include recovery of any known and
measurable changes to operating and maintenance costs including, but not limited to, all payroll
and compensation expense,all benefit expense,all pension expense,insurance costs,materials and
supplies, bad debt costs, all medical expense, transportation and building and lease costs for the
Rate Effective Period. Additionally,utility plant for the Rate Effective Period will be established
by using the Evaluation Period ending balances, including associated changes in depreciation and
amortization expense and taxes. In calculating the Company's known and measurable changes for
prospective RRM adjustment purposes,the following limitations will apply,on a Per Connection
Basis.
1. Operating and Maintenance expenses for the Rate Effective Period, cannot increase more
than 5% per connection per year without specific identification and justification. The
beginning Operation and Maintenance expense for the 2007 RRM filing(the initial filing)
will be$161 million.
2. Net plant investment for the Rate Effective Period cannot increase more than 5% per
connection per year without specific identification. However, in performing a cap test to
verify compliance, Company shall exclude any changes in net plant investment
associated with federal, state, or local mandates related to safety, compliance, or road
moves.
d) The Company also shall provide a schedule demonstrating the"proof of revenues"relied upon to
calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as
closely as is practicable to the revenue allocation principles approved in the Final Order.
Attestation
A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations
affirming that the filed schedules are in compliance with the provisions of this mechanism and are true and
correct to the best of his/her knowledge,information and belief. No testimony shall be filed.
25
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 4 of 5
February 1, 2008
Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall have ninety(90)days
to review the Company's filed schedules. The Company will be prepared to provide supplemental
information as may be requested to ensure adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental information and such
information shall be provided within ten (10) working days of the original request. The regulatory
authority may propose any adjustments it determines to be required to bring the schedules into compliance
with the above provisions.
During and following the ninety(90)day review period and a thirty(30)day response period,the Company
and the regulatory authority will work collaboratively and come to agreement on,the proposed adjustments
to the Company's schedule and proposed rates. Once agreement has been reached by the Company and the
regulatory authority,the regulatory authority shall authorize an increase or decrease to the Company's rates
so as to achieve the revenue levels indicated for both the Evaluation Period and Rate Effective Period. If,
at the end of the thirty (30) day response period, the Company and the regulatory authority have not
reached agreement on the proposed adjustments,the Company shall have the right to appeal the regulatory
authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the
Company shall have the right to implement the proposed RRM rate adjustment,subject to refund.
If approved by the entity exercising original jurisdiction,the rates established pursuant to the Rate Review
Mechanism for the first Rate Effective Period shall be effective on October 1, 2008. Thereafter, rates
established pursuant to the Rate Review Mechanism for subsequent Rate Effective Periods, if approved as
provided herein,shall be effective on July 15 of each year.
Reconsideration and Appeal
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under
Sections 102.001(b)and 103.021,et seq.,of the Texas Utilities Code(Vernon 2007).
Notice
Notice of the annual Rate Review Mechanism filing shall be provided to all affected customers of the
Atmos Mid-Tex Division in accordance with the provisions of this section no later than forty-five(45)days
after the Company makes its annual filing pursuant to this tariff. Company may provide notice either by
mailing or otherwise delivering the notice with its billing statements. Notice by mail shall be presumed to
be complete three days after the date of deposit of the paper upon which such notice is written,enclosed in
a post-paid,properly addressed wrapper,in a post office or official depository under the care of the United
States Postal Service. The notice to customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates applicable to each
customer class and on an average bill for each affected customer;
26
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 5 of 5
February 1, 2008
c) the service area or areas in which the proposed rate adjustment would apply;
d) the date the proposed rate adjustment was filed with the regulatory authority;and
e) the Company's address, telephone number and website where information concerning the
proposed rate adjustment may be obtained.
27
EXHIBIT A
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider CEE—Conservation & Energy Efficiency
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RIDER CEE—Conservation & Energy Efficiency
Purpose
Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program
which will offer assistance to qualified customer segments in reducing energy consumption and lowering
energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the
allowable expenses incurred annually, with a customer rate component providing the remainder of the
funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid-Tex Division
proposes to work with the communities it serves to develop the details of a new tariff and programs
addressing conservation and energy efficiency.
Synopsis:
Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos
Mid-Tex. Qualified Customers will receive up to two hundred dollars ($200.00) worth of caulking,
weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving
devices such as clock-thermostats, set-back devices("covered items")from approved suppliers/retailers.
Company will undertake efforts to enlist support from community groups, including its own Employee
Action Program, to assist customers with installation. If it is determined that professional installation
capabilities are necessary, the parties will agree on labor assistance amounts.
Eligibility
Low Income — Low-income rate-payers that qualify for heating bill assistance through LIHEAP
agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate
assistance funds denote customer as Low Income, a status that lasts for one year.
Senior Citizen — Primary account holder can request eligibility through ATM call center or web-site.
Customer provides primary SSN which is verified through Social Security Administration. And account
holder that is or turns 65 years old in that year becomes eligible.
Funding
Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will
contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one
million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through
September 30 year,with benefits being capped at the two million dollar level for the initial program period.
Administration:
A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent
verification and reimbursement of eligible expenditures and general program administration. Program
administration expenses will be funded from the annual approved budget.
Program audits will be conducted and the results provided to any interested party within 120 days of the
end of each program year to determine effectiveness.
28
Schedule A
Page 1 of 2
ATMOS ENERGY CORP.,MID-TEX DIVISION
REVENUE REQUIREMENTS BY SERVICE CLASS
TEST YEAR ENDING JUNE 30,2007
EXHIBIT B TO SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY AND THE ACSC CITIES
Line Current Proposed Proposed Percent
No. Description Revenues Revenues' Change Change
(a) (b) (c) (d) (e)
1
2 Residential(Base Revenue) $ 277,485,494 $ 280,887,686 $ 3,402,192 1.23%
3 Residential(Rider GCR) 625,991,761 625,991,761 - 0.00%
4 Residential(Rider FF&Rider TAX) 52,488,696 52,686,332 197,637 0.38%
5 Total Residential $ 955,965,951 $ 959,565,779 $ 3,599,828 0.38%
6
7 Commercial(Base Revenue) $ 59,666,416 $ 65,119,647 $ 5,453,231 9.14%
8 Commercial(Rider GCR) 399,910,917 399,910,917 - 0.00%
9 Commercial(Rider FF&Rider TAX) 26,699,748 27,016,551 316,803 1.19%
10 Total Commercial $ 486,277,080 $ 492,047,115 $ 5,770,035 1.19%
11
a 12 Industrial/Transportation(Base Revenue) $ 8,461,218 $ 9,057,219 $ 596,001 7.04%
13 Industrial/Transportation(Rider GCR) 33,616,178 33,616,178 - 0.00%
14 Industrial/Transportation(Rider FF&Rider TAX) 2,444,541 2,479,166 34,625 1.42%
15 Total Industrial/Transportation $ 44,521,937 $ 45,152,563 $ 630,625 1.42%
16
17 Other Revenue(Base Revenue) $ 17,418,758 $ 17,418,758 $ - 0.00%
18 Other Revenue(Rider GCR) - - - 0.00%
19 Other Revenue(Rider FF&Rider TAX) 1,011,966 1,011,966 - 0.00%
20 Total Other Revenue $ 18,430,724 $ 18,430,724 $ - 0.00%
21
22 Base Revenue $ 363,031,887 $ 372,483,310 $ 9,451,423 2.60%
23 Rider GCR 1,059,518,856 1,059,518,856 - 0.00%
24 Rider FF&Rider TAX 82,644,951 83,194,015 549,064 0.66%
25 Total Operating Revenues $ 1,505,195,693 $ 1,515,196,181 $ 10,000,488 0.66%
26
27 Note:
28 'Proposed Revenues are the result of the application of the proposed rates to billing determinants.
Schedule A
Page 2 of 2
ATMOS ENERGY CORP.,MID-TEX DIVISION
REVENUE REQUIREMENTS
TEST YEAR ENDING JUNE 30,2007
Settlement Proposal
Rider FF&Rider
Line No. Description Ref Base Revenue Rider GCR TAX Total
(a) (b) (c) (d) (e) (t) (g)
1
2 Rider GCR Part A Schedule H $ - $ 976,143,417 $ - $ 976,143,417
3 Rider GCR Part B Schedule I 83,375,439 83,375,439
4 Total Rider GCR $ 1,059,518,856 $ 1,059,518,856
5
6 Operation and Maintenance Expenses Schedule F-1 $ 150,891,394 $ 150,891,394
7
8 Taxes Other than Income Taxes Schedule F-5 20,756,918 $ 83,194,015 103,950,933
9
10 Depreciation and Amortization Expense Schedule F-3 79,148,614 79,148,614
11
12 Interest on Customer Deposits Schedule F-7 1,593,388 1,593,388
0 13
14 Rate Base Schedule B $ 1,123,773,895
15 Rate of Return Schedule G 7.79%
16 87,535,806 87,535,806
17
18 Income Taxes Schedule F-6 32,556,703 32,556,703
19
20 Revenue Requirements $ 372,482,822 $ 1,059,518,856 $ 83,194,015 $ 1,515,195,693
21
22 Current Revenues Schedule A $ 1,505,195,693
23
24 Proposed Change $ 10,000,000
WP_J-4
Page 1 of 3
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY PROOF OF REVENUE AT PROPOSED RATES
TEST YEAR ENDING JUNE 30, 2007
Line Description Total Reference
(a) (b) (c)
Rate R
1 Rate Characteristics:
2 Customer Charge $10.69 ccs
3
4 Consumption Charge ($/Mcf) $1.2710 ccs
5
6 Rider GCR Part A $7.5520 Schedule H
7 Rider GCR Part B $0.5990 Schedule I
8
9 Billing Units (1):
10 Bills 17,144,647 WP_J-1.1
11 Total MCF 76,798,906 WP_J-1.1
12
13 Present Revenue:
14 Customer Charge $ 183,276,276
15 Consumption Charge 97,611,410
16 Base Revenue $ 280,887,686
17 Rider GCR Part A 579,988,302
18 Rider GCR Part B 46,003,459
19 Subtotal $ 906,879,447
20 Revenue Related Taxes 52,686,332
21
22 Total Proposed Revenue- Rate R $ 959,565,779
23
24 Note 1: See Billing Determinants Study for details.
31
WP_J-4
Page 2 of 3
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY PROOF OF REVENUE AT PROPOSED RATES
TEST YEAR ENDING JUNE 30, 2007
Line Description Total Reference
(a) (b) (c)
Rate C
1 Rate Characteristics:
2 Customer Charge $20.28 ccs
3
4 Consumption Charge ($/Mcf) $0.7104 ccs
5
6 Rider GCR Part A $7.5520 Schedule H
7 Rider GCR Part B $0.5001 Schedule I
8
9 Billing Units (1):
10 Bills 1,471,279 WP_J-1.2
11 Total MCF 49,665,131 WP_J-1.2
12
13 Present Revenue:
14 Customer Charge $ 29,837,538
15 Consumption Charge 35,282,109
16 Base Revenue $ 65,119,647
17 Rider GCR Part A 375,072,987
18 Rider GCR Part B 24,837,930
19 Subtotal $ 465,030,564
20 Revenue Related Taxes 27,016,551
21
22 Total Proposed Revenue- Rate C $ 492,047,115
23
24 Note 1: See Billing Determinants Study for details.
32
WP_J-4
Page 3 of 3
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY PROOF OF REVENUE AT PROPOSED RATES
TEST YEAR ENDING JUNE 30, 2007
Line Description Total Reference
(a) (b) (c)
Rate I &T
1 Rate Characteristics:
2 Customer Charge $344.75 ccs
3
4 Block 1 ($/MMBTU) $0.2200 ccs
5 Block 2 ($/MMBTU) $0.1600 CCS
6 Block 3 ($/MMBTU) $0.0493 ccs
7
• 8 Rider GCR Part A $7.5520 Schedule H
9 Rider GCR Part B $0.2804 Schedule I
10
11 Consumption Characteristics:
12 Block 1 (First 1,500 MMBTU) 0.21691 (1)
13 Block 2 (Next 3,500 MMBTU ) 0.24651 (1)
14 Block 3 (Over 5,000 MMBTU ) 0.53657 (1)
15
16 Billing Units (1):
17 Bills 11,542 WP_J-1.3
18 Block 1 9,694,939 WP_J-1.3
19 Block 2 11,018,084 WP_J-1.3
20 Block 3 23,982,442 WP_J-1.3
21 Total MMBTU 44,695,465
22
23 Sales Volumes 2,858,579 WP_J-1.3
• 24
25 Present Revenue:
26 Customer Charge $ 3,979,105
27 Block 1 2,132,887
28 Block 2 1,762,893
29 Block 3 1,182,334
30 Base Revenue $ 9,057,219
31 Rider GCR Part A 21,082,128
32 Rider GCR Part B 12,534,050
33 Subtotal $ 42,673,397
34 Revenue Related Taxes 2,479,166
35
36 Total Proposed Revenue- Rate l&T $ 45,152,563
37
38 Note 1: See Billing Determinants Study for details.
33
Privileged and Confidential
Attorney Client Communication
EXPLANATION OF KEY PROVISIONS OF
THE SETTLEMENT AGREEMENT BETWEEN ACSC AND ATMOS
1. An 80% Reduction of Atmos' Requested $52 Million Rate Increase
Atmos' Statement of Intent filing made with the Cities in September, 2007,
requested a $52 million rate increase. The Settlement Agreement substantially reduces
the Company's request, authorizing a $10 million rate increase effective for bills rendered
by Atmos on or after March 1, 2008.
During the time that ACSC members have retained original jurisdiction in this
case, rate experts working on behalf of ACSC have investigated the support for the
Company's requested rate increase. It is likely that if the merits of the Company's
requested increase were litigated before the Railroad Commission ("RRC"), testimony
filed by ACSC experts would support an increase of approximately $8 million. However,
it is extremely unlikely that the RRC would adopt ACSC's position in its entirety.
A contested case proceeding before the RRC on the Company's current
application will take several months and cost ratepayers millions of dollars in rate case
expenses. The $10 million rate increase provided by the Settlement Agreement is within
the zone of reasonableness based on the evidence that would be offered at hearing.
Cities' experience before the RRC indicates that it is more likely than not that the $10
million rate increase agreed to as part of the settlement is a better result than what would
be ordered by the RRC.
2. Elimination of Piecemeal Ratemaking ("GRIP") in Favor of a
Comprehensive Rate Review Mechanism ("RRM")
The Settlement Agreement authorizes a three year experiment with an expedited
rate review process that replaces GRIP ratemaking. There will be no GRIP filings while
RRM is operative. ACSC has opposed all GRIP filings as piecemeal ratemaking because
gas utilities were able to receive a rate increase simply by showing a change in their
invested capital instead of a more comprehensive view of all of the components that
affect rates, like revenues and expenses. However, Cities have been unsuccessful thus far
in defeating GRIP at the Legislature and in court.
The RRM process, starting with the first filing to be effective in October, 2008,
should be a more comprehensive process that will allow cities with original jurisdiction
the opportunity to review information regarding changes to Atmos' revenues and
expenses as well as its invested capital. In addition, Atmos and ACSC agreed to certain
constraints on the magnitude of changes to expenses and invested capital under RRM.
The agreement also freezes Atmos Mid-Tex's rate of return on equity and its capital
structure for purposes of the RRM filings to avoid the parent company manipulating
Atmos Mid-Tex's overall rate of return.
PREPARED FOR SETTLEMENT PURPOSES ONLY 1
Privileged and Confidential
Attorney Client Communication
If the RRM process is not successful, Cities and the Company are free to revert to
the statutory plan for rate changes (GRIP surcharges or a full contested case proceeding).
Expenses incurred by ACSC to review RRM filings will be reimbursed by Atmos.
3. Establishes a Conservation Program to Reduce Natural Gas Consumption
Atmos' conservation program will be implemented effective with the first RRM in
October. The Settlement Agreement calls for contributions of $1 million from both
shareholders and ratepayers, but limits ratepayer-supplied dollars to investment in
materials and supplies.
4. Gas Cost Uncollectibles to be Recovered Through the Gas Cost Recovery
Factor Instead of Base Rates
At Atmos' request, Cities will authorize a transition of gas cost uncollectibles
from base rates to the gas cost recovery factor coincident with the RRM experiment in
October. The level of uncollectibles recovered in base rates will be reduced dollar for
dollar as uncollectibles are shifted to the gas cost recovery factor.
5. Improves Residential Rate Design
Atmos agrees to change residential rate design as part of the RRM process and to
fix the residential customer charge at $7.00 with all other costs being recovered through
the commodity charge.
The settlement achieves what cities could not win through litigation on residential
rate design. The RRC has systematically gutted the rate design policy approved by cities
for TXU Gas during the 1990s. In the past two contested cases, the RRC has increased
the residential customer charge, sending residential customers the false signal that the
cost of natural gas declines as consumption increases.
6. Provides for Rate Certainty
As part of the Settlement Agreement, Atmos and ACSC agree to dismiss their
appeals of the two most recent cost of service rate cases. Atmos has continued to pursue
the appeal regarding cost responsibility for the replacement of poly-1 pipe. While the
Commission came to the right decision in assigning that cost to shareholders, its findings
and conclusions are not as strong as they could or should be and thus there is a potential
that a business-oriented appellate court could rule in favor of Atmos. The poly-1 pipe
issues have an invested capital potential liability in excess of$80 million if an appellate
court reverses the RRC. ACSC also agrees to drop its appeals of GRIP cases with the
exception of the declaratory action case (regarding interpretation of the GRIP statute) that
has already been argued to the Court of Appeals.
PREPARED FOR SETTLEMENT PURPOSES ONLY 2
Privileged and Confidential
Attorney Client Communication
7. Reimbursement of GRIP Rate Case Expenses
To date, the ACSC has expended more than $500,000 litigating the four GRIP
surcharges implemented by Atmos. Atmos and the RRC have taken the position that
cities are not entitled to rate case expense reimbursement in GRIP surcharge cases.
Pursuant to the Settlement Agreement, Atmos will reimburse ACSC for expenses
associated with litigation of the four GRIP filings.
8. Protects Cities' Interest
The Settlement Agreement includes a "Most Favored Nations" clause so that
ACSC members will receive the benefit of any concessions that may be made to other
parties, including the RRC.
PREPARED FOR SETTLEMENT PURPOSES ONLY 3
ACSC Cities
(151 Total)
Abilene Fate Palestine
Addison Flower Mound Pantego
Allen Forest Hill Paris
Alvarado Fort Worth Parker
Angus Frisco Pecan Hill
Anna Frost Plano
Argyle Gainesville Ponder
Arlington Garland Pottsboro
Bedford Garrett Prosper
Bellmead Grand Prairie Putnam
Benbrook Grapevine Quitman
Beverly Hills Haltom City Red Oak
Blue Ridge Harker Heights Reno(Parker County)
Bowie Haskell Richardson
Boyd Haslet Richland Hills
Bridgeport Heath Roanoke
Brownwood Hewitt Robinson
Buffalo Highland Park Rockwall
Burkburnett Highland Village Roscoe
Burleson Honey Grove Rowlett
Caddo Mills Hurst Sachse
Carrollton Iowa Park Saginaw
Cedar Hill Irving Seagoville
Celeste Justin Sherman
Celina Kaufman Snyder
Cisco Keene Southlake
Cleburne Keller Springtown
Clyde Kemp Stamford
College Station Kennedale Stephenville
Colleyville Kerrville Sulphur Springs
Colorado City Killeen Sweetwater
Comanche Krum Temple
Coolidge Lakeside Terrell
Coppell Lake Worth The Colony
Corinth Lancaster Throckmorton
Corral City Lewisville Tyler
Crandall Lincoln Park University Park
Crowley Little Elm Venus
Dalworthington Gardens Malakoff Vernon
Denison Mansfield Waco
DeSoto McKinney Watauga
Duncanville Melissa Waxahachie
Eastland Mesquite Westlake
Edgecliff Village Midlothian Westworth Village
Emory Murphy Whitesboro
Ennis Newark White Settlement
Euless Nocona Wichita Falls
Everman North Richland Hills Woodway
Fairview Northlake Wylie
Farmers Branch Oak Leaf
Farmersville Ovilla
Lloyd 816 Congress Avenue,Suite 1900
Austin,Texas 78701
Gosselink Telephone: 325800
Facsimile. 15121 121 472-0532
i� ATTORNEYS AT LAW www.lglawfirm.com
Ms.Doyle's Direct Line: (512)322-5820
Email: kdoyle@lglawfirm.com
MEMORANDUM
TO: Atmos City Steering Committee (ACSC)Members
FROM: Geoffrey Gay
Kristen Doyle
Georgia Crump
DATE: January 10, 2008
RE: FINAL ACTION BY MARCH 1sT—Atmos Rate Case Settlement
The ACSC Settlement Committee (Jay Doegey—Arlington, Danny Reed—Fort Worth, Mark
Israelson — Plano, Don Wilson — Eastland, Doreen McGookey — Sherman, Tom Akins — Denison,
Cathy Cunningham — various ACSC cities), with the advice and input of consultants and lawyers
retained by ACSC, has worked since October to explore options to resolve the Company's pending
$52 million rate increase request without the necessity of a protracted and costly contested case
proceeding.
The attached Settlement Agreement is a result of their efforts. It reduces Atmos'rate increase
by more than 80 percent, resolves several outstanding issues on appeal, requires reimbursement of
more than $500,000 expended by ACSC to litigate GRIP cases, and eliminates the piecemeal
ratemaking GRIP process in favor of an expedited rate review process controlled by cities. The
ACSC Executive Committee recommends approval of the settlement agreement because it
provides rate certainty, represents an outcome that is equal to or better than the outcome expected
from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas
rates.
Please schedule consideration of the ordinance for your next available council meeting.
Final council action to approve the ordinance must take place by March 1st. To assist you,
several documents are attached:
• An ordinance setting new rates. The approved Ordinance must include the
Settlement Agreement ("Attachment A" to the Ordinance) and Tariffs ("Attachment
B" to the Ordinance.)
• A model staff report
• A detailed explanation of key provisions of the settlement agreement
• A list of ACSC members
Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is
unable to meet the March 1st deadline for final action. Once final action has been taken by your city,
please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell
(fax number: 512/472-0532.)
Lloyd Gosselink Blevins Rochelle & Townsend, P.C.
TARIFF FOR GAS SERVICE ATTACHMENT B ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: TABLE OF CONTENTS
APPLICABLE TO: Entire System REVISION DATE:
February 1, 2008
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
I. UTILITY OPERATIONS
II. CITIES AND COUNTIES SERVED
III. DEFINITIONS
IV. GAS SERVICE RATES & RIDERS
Rate R- Residential Sales
Rate C-Commercial Sales
Rate I -Industrial Sales
Rate T-Transportation
Rider CT—Competitive Transport
Rider GCR-Gas Cost Recovery
Rider FF- Franchise Fee Adjustment
Rider SUR—Surcharges
Rate LEP—Line Extension Policy
Rate M-Miscellaneous Charges
Rider RA-Retention Adjustment
Rider TAX-Tax Adjustment
Rider WNA—Weather Normalization Adjustment
Rider RRM—Rate Review Mechanism
Rider CEE—Conservation and Energy Efficiency
V. SERVICE RULES AND REGULATIONS
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate R-Residential Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RATE R - RESIDENTIAL SALES
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
jCharge Amount
Customer Charge per Bill $ 10.69 per month
Commodity Charge—Ali Mcf $1.2710 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate C-Commercial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RATE C - COMMERCIAL SALES
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $20.28 per month
Commodity Charge-All Mcf $ 0.7104 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate I-Industrial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 2
February 1, 2008
RATE I-INDUSTRIAL SALES
Application
Applicable to Industrial Customers with a maximum daily usage (MDU)of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
• service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $344.75 per month
First 0 MMBtu to 1,500 MMBtu $0.2200 per MMBtu
Next 3,500 MMBtu $0.1600 per MMBtu
All MMBtu over 5,000 MMBtu $0.0493 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled"Daily Price Survey."
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate I-Industrial Sales
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 2
February 1, 2008
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate T—Transportation
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 2
February 1,2008
RATE T-TRANSPORTATION
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $344.75 per month
First 0 MMBtu to 1,500 MMBtu $0.2200 per MMBtu
Next 3,500 MMBtu $0.1600 per MMBtu
All MMBtu over 5,000 MMBtu $0.0493 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part(b)of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu
between the highest and lowest"midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RATE SCHEDULE: Rate T-Transportation
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 2
February 1, 2008
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled"Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 3
October 1, 2008
Rider GCR - Gas Cost Recovery
Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R,
Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount
due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated
in Section (b) below.
The amount due for gas cost(Section (a))is determined by multiplying the Gas Cost Recovery Factor
(GCRF)by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I,
monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to
recover actual costs.
The amount due for pipeline cost(Section (b)) is determined by multiplying the Pipeline Cost Factor
(PCF)by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C,
monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and
Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as
necessary to recover actual costs.
(a)Gas Cost
Method of Calculation
The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor(GCRF),
as determined with the following formula:
GCRF= Estimated Gas Cost Factor(EGCF)+ Reconciliation Factor(RF)+Taxes (TXS)+Adjustments
(ADJ)
EGCF= Estimated cost of gas, including lost and unaccounted for gas attributed to residential,
commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided
by the estimated total residential, commercial, and industrial sales.
RF=Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of
interest, over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed
over that same twelve-month period by the estimated total residential, commercial, and industrial
sales for the succeeding October through June billing months.
Actual Gas Cost Incurred=The sum of the costs booked in Atmos Energy Corp.,Mid-Tex Division
account numbers 80o through 813 and 858 of the NARUC Uniform System of Accounts,
including the net impact of injecting and withdrawing gas from storage. Also includes a
credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically
considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull
Fees.
Actual Gas Cost Billed=EGCF multiplied by the monthly volumes billed to Residential,
Commercial and Industrial Sales customers,less the total amount of gas cost determined to have
been uncollectible and written off which remain unpaid for each month of the reconciliation
period.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 2 OF 3
October 1,2008
Any amount remaining in the reconciliation balance after the conclusion of the period of
amortization will be maintained in the reconciliation balance and included in the collection of the
next RF.
Atmos Energy shall file annual reports with the Commission,providing by month the following
amounts: Gas Cost Written Off.Margin Written Off,Tax and Other Written Off,Total Written
Off,Gas Cost Collected and Margin Collected.
TXS=Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by
the estimated total residential, commercial, and industrial sales.
ADJ=Any surcharge or refund ordered by a regulatory authority, inclusive of interest,divided by the
estimated total residential, commercial, and industrial sales.
(b) Pipeline Cost
Method of Calculation
Each month, a Pipeline Cost Factor(PCF) is calculated separately for each Pipeline Cost Rate Class
listed below. The formula for the PCF is:
PCF= PP/S, where:
PP= (P-A) x D, where:
P= Estimated monthly cost of pipeline service calculated pursuant to Rate CGS
D= Pipeline service allocation factor for the rate class as approved in the Company's most recent
rate case, as follows:
DPipeline Cost Rate Class Allocation Factor(D)
Rate R-Residential Service .634783
D Rate C-Commercial Service .302805
Rate I -Industrial Service and Rate T-Transportation Service .062412
A=Adjustment applied in the current month to correct for the difference between the actual and
estimated pipeline cost revenue of the second preceding month, calculated by the formula:
A= R-(C-A2), where:
R=Actual revenue received from the application of the PP component in the second preceding
month.
C=Actual pipeline costs for the second preceding month.
A2=The adjustment(A)applied to the PP component in the second preceding month.
S= Estimated Mcf or MMBtu for the rate class for the current billing month.
The PCF is calculated to the nearest 0.0001 cent.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider GCR-Gas Cost Recovery
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 3 OF 3
October 1, 2008
The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the
appropriate PCF. The Pipeline Cost is determined to the nearest whole cent.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 3
November 1, 2008
RIDER WNA—Weather Normalization Adjustment
Provisions for Adjustment
The base rate per Mcf(1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the
cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be
adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization
Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential,
and commercial bills based on meters read during the revenue months of November through April.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Mcf by the following formula:
(HSFi x (NDD-ADD))
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Mcf
Ri = base rate of temperature sensitive sales for the ith schedule or
classification approved by the entity exercising original jurisdiction.
HSFi = heat sensitive factor for the ith schedule or classification calculated as the
slope of the linear regression of average sales per bill(Mcf)and actual
heating degree days by month for the test year by schedule or classification
and weather station as part of the RRM filing.
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification calculated as the y-
intercept of the linear regression of average sales per bill(Mcf)and actual
heating degree days by month for the test year by schedule or classification
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
• DATE:
EFFECTIVE DATE: PAGE: 2 OF 3
November 1, 2008
and weather station as part of the RRM filing.
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA,= WNAF, x qu
Where q;;is the relevant sales quantity for the jth customer in ith rate schedule.
Filings with Entities Exercising Original Jurisdiction
As part of its annual RRM filing the Company will file (a)a copy of each computation of the
Weather Normalization Adjustment Factor,(b)a schedule showing the effective date of each such
Weather Normalization Adjustment,(c)a schedule showing the factors of values used in calculating
such Weather Normalization Adjustment and(d)a random sample and audit of thirty(30)actual
customer bills,with customer information deleted,for each rate schedule or classification to which the
WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit
the WNA application, such data will be provided by the Company as part of the annual RRM filing.
If the RRM is discontinued,as provided in the Rider RRM tariff,the information required herein to be
filed with the entities exercising original jurisdiction shall be filed on March 1 of each year.
Base Use/Heat Sensitivity(HSF)Factors
Residential Commercial
Base use HSF Base use HSF
Weather Station Mcf Mcf/HDD Mcf Mcf/HDD
Abilene 1.14 .0131 8.11 .0631
Austin 1.31 .0136 18.05 .0669
Dallas 1.57 .0185 18.08 .0925
Waco 1.20 .0138 10.97 .0606
Wichita 1.27 .0147 11.58 .0581
Falls
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider WNA—Weather Normalization Adjustment
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 3 OF 3
November 1, 2008
Sample WNAF;Calculation:
(.0131 x (30-17) )
.1533 per Mcf = 1.2267 x
(1.14 + (.0131 x 17) )
Where
= Residential Single Block Rate Schedule
Ri = 1.2267 per MCF(Rate R-Final Order GUD No. 9670)
HSFi = .0131 (Residential-Abilene Area)
NDD = 30 HDD(Simple ten-year average of Actual HDD for Abilene Area—9/15/06
— 10/14/06)
ADD = 17 HDD(Actual HDD for Abilene Area—9/15/06— 10/14/06)
Bli = 1.14 Mcf(Residential -Abilene Area)
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 1 of 5
February 1,2008
RIDER RRM—RATE REVIEW MECHANISM
Purpose:
This mechanism is designed to provide annual earnings transparency. If,through the implementation of the
provisions of this mechanism,it is determined that rates should be decreased or increased,then rates will be
adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this
mechanism will reflect annual changes in the Company's cost of service and rate base. This adjustment
will be authorized for an Initial Implementation Period. With the conclusion of the final rate adjustment,if
any, for the Initial Implementation Period, each entity having original jurisdiction may revoke, amend, or
approve Subsequent Implementation Period(s)for,the mechanism.
Definitions
a) The Annual Evaluation Date shall be the date the Company will make its annual filing under this
mechanism. The Annual Evaluation Date shall be no later than March 1,of each year. This filing shall be
effective in electronic form where practicable. The initial filing shall be made March 31,2008.
b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid-
Tex operating area and shared services operations. Audited Financial Data shall not require the schedules
and information provided under this tariff to undergo a separate financial audit by an outside auditing firm
similar to the Company's annual financial audit.
c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar
year. The initial Evaluation Period shall be calendar year 2007.
d) The Rate Effective Period is defined as the earlier of the twelve month period for which rates
determined under this mechanism will be in effect or subsequent rates are implemented.
e)Per Connection Basis is defined as the average number of connections during the Evaluation Period.
f)Initial Implementation Period is defined as the three(3)year period commencing with the Company's
filing under this mechanism for the calendar year 2007,effective October 1,2008, and shall conclude with
the implementation of rate adjustments,if any,for the third Rate Effective Period.
g) Subsequent Implementation Period is defined as any three(3)year period after the conclusion of the
Initial Implementation Period.
h) Final Order is defined as the most recent order establishing the Company's latest effective rates for the
area in which the mechanism is implemented,and shall include municipal rate ordinances and resolutions.
Rate Review Mechanism
The Company shall file with each regulatory authority having original jurisdiction over the Company's
rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 2 of 5
February 1, 2008
Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the
Company's Audited Financial Data,as adjusted,and provided in the same format as Atmos' rate filing with
• municipalities on September 20,2007,will include the following:
a) Company's actual gross plant in service, accumulated depreciation, accumulated deferred income
taxes, inventory, working capital, and other rate base components. The ratemaking treatments,
principles, findings and adjustments included in the Final Order will apply. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will be maintained where
applicable. Cash working capital will be calculated using the lead/lag days approved in the Final
Order.
b) The Company's depreciation expense, operating and maintenance expense, income taxes, and
taxes other than income taxes. Depreciation rates will be those approved in the Final Order,or the
rate most recently approved. All calculation methodologies will be those approved in the Final
Order, or in the most recent order addressing the methodology. In addition, the Company shall
exclude from operating and maintenance expense the type of expenses related to employee
expense accounts disallowed in the GUD No.9670 Final Order.
c) Return on Equity(ROE)shall be maintained at 9.6%.
d) Cost of debt will reflect actual cost. Capital structure will be the actual Evaluation Period ending
ratio of long-term debt and equity,with percentage equity not to exceed the percentage established
in the Final Order in G.U.D.No.9670(48.1%equity).
e) All applicable accounting and pro forma adjustments along with all supporting workpapers.
f) Pro-forma adjustments to update and annualize costs and revenue billing determinants for the Rate
Effective Period.
g) Pro-forma or other adjustments required to properly account for atypical,unusual,or nonrecurring
events.
h) Shared Services allocation factors may be recalculated each year based on the latest component
factors,but the methodology used will be that approved in the Final Order.
Calculation of Rate Adjustment
a) The Company shall provide additional schedules indicating the following revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order. These
schedules shall identify the rate adjustments necessary for both a true-up of revenue for the
Evaluation Period and the setting of prospective rates for the Rate Effective Period. The net result
of these rate adjustments shall be reflected in the proposed new rates to be established for the Rate
Effective Period. In calculating the required rate adjustments,such adjustments will be made pro-
ratably to the customer charge and usage charge based upon actual revenue generated,as adjusted
under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided,
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 3 of 5
February 1, 2008
however, that neither the Residential nor the Commercial customer charges may increase more
than 20%per year.
b) If Company's earnings during the Evaluation Period exceed 9.6% return on common equity, the
Company shall calculate an adjustment to rates to refund the revenue required to achieve a return
on equity of 9.6% for the Evaluation Period. If Company's earnings during the Evaluation Period
are below 9.6%return on common equity, the Company shall calculate an adjustment in rates to
collect the additional revenue required to increase its return on equity for the Evaluation Period to
9.6%. The Company will calculate an adjustment for the Rate Effective Period to refund or collect
this difference.
c) The Company will adjust rates for the Rate Effective Period to include recovery of any known and
measurable changes to operating and maintenance costs including, but not limited to, all payroll
and compensation expense,all benefit expense,all pension expense, insurance costs,materials and
supplies, bad debt costs, all medical expense, transportation and building and lease costs for the
Rate Effective Period. Additionally,utility plant for the Rate Effective Period will be established
by using the Evaluation Period ending balances,including associated changes in depreciation and
amortization expense and taxes. In calculating the Company's known and measurable changes for
prospective RRM adjustment purposes,the following limitations will apply, on a Per Connection
Basis.
1. Operating and Maintenance expenses for the Rate Effective Period,cannot increase more
than 5% per connection per year without specific identification and justification. The
beginning Operation and Maintenance expense for the 2007 RRM filing(the initial filing)
will be$161 million.
2. Net plant investment for the Rate Effective Period cannot increase more than 5% per
connection per year without specific identification. However, in performing a cap test to
verify compliance, Company shall exclude any changes in net plant investment
associated with federal, state, or local mandates related to safety, compliance, or road
moves.
d) The Company also shall provide a schedule demonstrating the"proof of revenues"relied upon to
calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as
closely as is practicable to the revenue allocation principles approved in the Final Order.
Attestation
A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations
affirming that the filed schedules are in compliance with the provisions of this mechanism and are true and
correct to the best of his/her knowledge, information and belief. No testimony shall be filed.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 4 of 5
February I, 2008
Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall have ninety(90) days
to review the Company's filed schedules. The Company will be prepared to provide supplemental
information as may be requested to ensure adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental information and such
information shall be provided within ten (10) working days of the original request. The regulatory
authority may propose any adjustments it determines to be required to bring the schedules into compliance
with the above provisions.
During and following the ninety(90)day review period and a thirty(30)day response period,the Company
and the regulatory authority will work collaboratively and come to agreement on,the proposed adjustments
to the Company's schedule and proposed rates. Once agreement has been reached by the Company and the
regulatory authority,the regulatory authority shall authorize an increase or decrease to the Company's rates
so as to achieve the revenue levels indicated for both the Evaluation Period and Rate Effective Period. lf,
at the end of the thirty (30) day response period, the Company and the regulatory authority have not
reached agreement on the proposed adjustments,the Company shall have the right to appeal the regulatory
authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the
Company shall have the right to implement the proposed RRM rate adjustment,subject to refund.
If approved by the entity exercising original jurisdiction,the rates established pursuant to the Rate Review
Mechanism for the first Rate Effective Period shall be effective on October 1, 2008. Thereafter, rates
established pursuant to the Rate Review Mechanism for subsequent Rate Effective Periods, if approved as
provided herein,shall be effective on July 15 of each year.
Reconsideration and Appeal
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under
Sections 102.001(b)and 103.021,et seq.,of the Texas Utilities Code(Vernon 2007).
Notice
Notice of the annual Rate Review Mechanism filing shall be provided to all affected customers of the
Atmos Mid-Tex Division in accordance with the provisions of this section no later than forty-five(45)days
after the Company makes its annual filing pursuant to this tariff. Company may provide notice either by
mailing or otherwise delivering the notice with its billing statements. Notice by mail shall be presumed to
be complete three days after the date of deposit of the paper upon which such notice is written,enclosed in
a post-paid, properly addressed wrapper,in a post office or official depository under the care of the United
States Postal Service. The notice to customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates applicable to each
customer class and on an average bill for each affected customer;
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider RRM—Rate Review Mechanism
APPLICABLE TO: Entire Mid-Tex Division REVISION
DATE:
EFFECTIVE DATE: PAGE: 5 of 5
February 1,2008
c) the service area or areas in which the proposed rate adjustment would apply;
d) the date the proposed rate adjustment was filed with the regulatory authority;and
e) the Company's address, telephone number and website where information concerning the
proposed rate adjustment may be obtained.
TARIFF FOR GAS SERVICE ATMOS ENERGY CORP.,
MID-TEX DIVISION
RIDER: Rider CEE—Conservation & Energy Efficiency
APPLICABLE TO: Entire System REVISION:
DATE:
EFFECTIVE DATE: PAGE: 1 OF 1
February 1, 2008
RIDER CEE —Conservation & Energy Efficiency
Purpose
Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program
which will offer assistance to qualified customer segments in reducing energy consumption and lowering
energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the
allowable expenses incurred annually, with a customer rate component providing the remainder of the
funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid-Tex Division
proposes to work with the communities it serves to develop the details of a new tariff and programs
addressing conservation and energy efficiency.
Synopsis:
Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos
Mid-Tex. Qualified Customers will receive up to two hundred dollars ($200.00) worth of caulking,
weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving
devices such as clock-thermostats, set-back devices ("covered items")from approved suppliers/retailers.
Company will undertake efforts to enlist support from community groups, including its own Employee
Action Program, to assist customers with installation. If it is determined that professional installation
capabilities are necessary, the parties will agree on labor assistance amounts.
Eligibility
Low Income — Low-income rate-payers that qualify for heating bill assistance through LIHEAP
agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate
assistance funds denote customer as Low Income, a status that lasts for one year.
Senior Citizen — Primary account holder can request eligibility through ATM call center or web-site.
Customer provides primary SSN which is verified through Social Security Administration. And account
holder that is or turns 65 years old in that year becomes eligible.
Funding
Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will
contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one
million dollars($1,000,000.00) per year. It is proposed that the program operate on an October 1 through
September 30 year,with benefits being capped at the two million dollar level for the initial program period.
Administration:
A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent
verification and reimbursement of eligible expenditures and general program administration. Program
administration expenses will be funded from the annual approved budget.
Program audits will be conducted and the results provided to any interested party within 120 days of the
end of each program year to determine effectiveness.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
•
Meeting Date: February 12, 2008 Item Number: 9
(City Secretary's Use Only)
Department: Finance Department
Prepared By: Larry Williamson Account Code:
Date Prepared: 12/17/07 Budgeted Amount:
Exhibits: Ordinance
Subject
Discussion regarding an amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule),
Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewer Collection and Treatment Rates);
providing for repealing, savings and severability clauses; providing for an effective date of the ordinance and
providing for the publication of the caption of this ordinance.
Recommendation
No Action Required
Discussion
Background
Three years ago the City's Utility Billing Department had 5 separate water routes. Each route had its own
billing, collection and cutoff cycle. If there was a problem with one cycle, the other cycles would get pushed
back. As a consequence, customers would get a bill that covered 4 weeks one month and 6 weeks the next
month. This would prompt calls from customers wanting to know why their water and sewer bill amounts had
changed so much. This was not good for customer service and it added greatly to the phone call traffic received
in Utility Billing.
With the introduction of the radio read meters, the time it takes to read meters dropped from three weeks to 4
days. The radio read meters have eliminated the need to hand input meter readings into the Incode system for
City of Wylie water customers. This has allowed us to go to a single route for the entire city and created time
between reading, collections and cut-offs to work out problems without altering the monthly billing schedule.
The whole city gets read at one time, all bills go out at the same time each month and bills are due the same
time each month. These changes have provided marked improvement in customer service and at the same time
reduced the work load, allowing more time to deal with customer's issues.
This new system would be ideal if the city was the only water provider. Since the current sewer fees are based
on water consumption, the city must get water meter readings from both East Fork and Wylie Northeast in order
to bill the sewer portion of the City's utility bill. This has been problematic over the years because East Fork
and Wylie Northeast do not read their meters at the same time as we do. This creates a situation where the City
is dependent on these water supply companies as to whether our utility bills go out on time or not.
Page 1 of 3
Additionally, these meter readings from Wylie Northeast and East Fork have to be inputted into our system by
hand, unlike our own customers where everything is done electronically. With the large growth in new
customers in East Fork, the problems and work load continue to grow. Many times we do not get information
on new customers or customers who have left the East Fork or Wylie Northeast systems until long after the fact,
creating more billing and collection problems.
Numerous efforts to remedy this situation, short of trying to acquire them, have been made. We tried to
negotiate an agreement with Wylie Northeast for timely water meter readings and an agreement from them to
cut off water if a customer did not pay our sewer bill. Due in part to long standing political issues we were
unable to get their board's approval. At this point, Wylie Northeast started charging us for the meter readings.
We currently pay about $4,300 per year for this information from Wylie Northeast.
Next, we asked and received permission from the water supply companies to allow our meter readers to read
East Fork and Wylie Northeast meters of our sewer customers. This worked well for keeping our billing cycle
on schedule, but created confusion for the customers because our sewer bill water consumption did not match
the water consumption the customers received on their bills from East Fork and Wylie Northeast.
Recommendation
It is the Finance Department's opinion that the only viable solution to this problem is to go to a flat rate for
sewer customers that receive their water from East Fork and Wylie Northeast. This is not a new precedent. In
fact, the City of Heath uses a flat sewer charge for all their customers precisely for the same reasons outlined in
this memo.
From a business perspective, the advantages of this solution are three-fold. First, it would give the City total
control over the services that we provide our water and sewer customers. Second, it would eliminate the hand
entry of water meter readings from these two water supply companies and third, it would eliminate customer
confusion that the current system generates.
The flat fee would include both residential and one business customer. It would affect about 1,340 customers in
East Fork and 339 customers in Wylie Northeast. The current average sewer bill in these areas is $25.00 per
month, with the minimum at $15.00 and the maximum at $37.82. The Chart below shows how the East Fork
customers are distributed.
Dollar y ?
Break Oct Nov
$15.00 73 70
$20.00 253 378
$25.00 359 460
$30.00 236 221
$35.00 416 217
1337 1346
We are requesting approval to amend the existing ordinance to allow a flat sewer charge of$25.00 for those
persons living in areas where the water is supplied by either Wylie Northeast or East Fork water supply
corporations. This rate should be incrementally raised over a number of years to $30.00 to shore up the revenues
on the sewer side of the Utility Fund.
We have spent a lot of time over the last two years trying to solve this problem. It is a vital component in the
Page 2 of 3
Utility Billing Department's efforts to build an efficient automated utility billing and collections system that
will serve the city well into the future with little if any additions to staff. We believe that this recommendation
is the best approach to solve this long standing problem and hope that we have made our case.
Approved By
Initial Date
Department Director LIW nn 12/17/07
City Manager 1/L , iq (bc6
Page 3 of 3
ORDINANCE NO. 2008-XX
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING
ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE
SCHEDULE), SECTION 1.00 (WATER AND SEWER RATES AND FEES),
SUBSECTION 1.03 (SEWAGE COLLECTION AND TREATMENT RATES);
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined
that using water consumption as a basis for calculating sewer charges in areas where the City does
not provide the water adds a substantial cost to the billing and collection of the sewer charges of the
citizens of the City of Wylie, Texas ("Wylie"); and
WHEREAS, the City Council has determined that controlling the billing and collections of
sewer charges by a flat rate for those citizens who obtain their water from East Fork Water
Corporation and Wylie Northeast Water Corporation, eradicating the need for information from
East Fork and Wylie Northeast provides better customer service to the citizens of Wylie through
timely billing and collection procedures; and
WHEREAS, Texas Local Government Code § 402.001 provides that a "municipality may
purchase, construct, or operate a utility system inside or outside the municipal boundaries and may
regulate the system in a manner that protects the interests of the municipality"; and
WHEREAS, the City Council, because of the aforementioned reasons, finds that it is in the
best interest of Wylie and its citizens to adopt the amendments to Section 1.00 (Water and Sewer
Rates and Fees) of Ordinance No. 98-16 as set forth herein.
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 Ordinance No. 98-16 (Consolidated Fees and Charges/Fee
Schedule), Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage collection
and treatment rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule),
Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage collection and treatment
rates) is hereby amended to read as follows:
"§ 1.03 Sewage collection and treatment rates.
(a) The following monthly sewage collection and treatment rates shall apply
to all residential customers of the City of Wylie, Texas:
(1) Monthly minimum charge (first 1,000 gallons of metered
consumption) ....$15.00
Ordinance No.2008-XX
Amending 98-16(Sewage Collection and Treatment Rates) Page 1
507231 v.1
(2) Volume charge for all consumption exceeding 1,000 gallons (per
1,000 gallons) $1.69
(3) The total charge for any month shall be subject to a maximum
of .$37.82
(b) The following monthly sewage collection and treatment rates shall
apply to all commercial customers of the City of Wylie, Texas:
(1) Monthly minimum charge (first 1,000 gallons of metered
consumption) $21.50
(2) Volume charge for all consumption exceeding 1,000 gallons
(per 1,000 gallons) .$1.69
(c) A sewer fee of $25.00 per month shall be charged for City of Wylie
residents customers who receive their water from either Wylie Northeast
Water Supply Corporation or East Fork Water Supply Corporation.
(d) A sewer fee of$25.00 shall be charged for 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.
(e) The monthly sewer charge for any customers (residential, commercial,
apartment, mobile home, park and other multi-unit dwelling not
individually metered) located outside the corporate limits of the City of
Wylie, Texas, shall be at the rate of 115 percent of the rate charged
customers inside the corporate limits of the city.
(f) All references to gallons and consumption in this section shall mean water
usage, which shall be used to, unless otherwise provided, determine
certain sewer rates herein imposed."
SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16
shall remain in full force and effect, save and except as amended by this or any other ordinance. All
provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they
are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause 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.
Ordinance No.2008-XX
Amending 98-16(Sewage Collection and Treatment Rates) Page 2
507231 v.1
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this day of , 2008.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Date of publication in The Wylie News—February 20, 2008
Ordinance No.2008-XX
Amending 98-16(Sewage Collection and Treatment Rates) Page 3
507231 v.1