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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 � �! 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[ 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� � . 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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 . 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"-- ,/ 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