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01-26-2010 (City Council) Agenda Packet
January 26, 2010 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any mutter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will he enacted by one motion. There will not he separate discussion of these items. If discussion is desired, that item will he removed from the Consent Agenda and will he considered separately. A. Consider, and act upon, approval of the Minutes of the January 12, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2010-05(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for implementation of a Solid Waste Implementation grant project. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2010-02 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of $150,000 in the Parks General Fund budget for a North Central Texas Council of Governments Solid Waste Implementation grant project; adding $150,000 to the Solid Waste Implementation Grant account revenues to reflect reimbursements made by the North Central Texas Council of Governments; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2010-06(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the construction of improvements to the Nortex Pump Station. (C. Holsted, City Engineer) E. Consider, and act upon, approval of a request from Wylie East High School Baseball Team for a "Ragball" Tournament Fundraiser at Community Park on February 5-6, 2010. (R. Diaz, Parks and Recreation Supervisor) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the City of Wylie as of November 30, 2009 and December 31, 2009. (L. Vaughn, Finance Director) G. Consider, and place on file, the Wylie Economic Development Corporation 2009 Annual Report. (S. Satterwhite, Executive Director, WEDC) H. Consider, and place on file, the amended Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009 and the Monthly Revenue and Expense Reports as of November 30, 2009 and December 31, 2009. (S. Satterwhite, Executive Director, WEDC) January 26, 2010 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA General Business Tabled item from December 8, 2009 1. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and except the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. (R. Corbin, Fire Chief) Executive Summary Wylie Fire—Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in tire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code. The Wylie Fire department requests the adoption of the 2006 International Fire Code. 2. Consider, and act upon, direction to select the next neighborhood(s) for the Neighborhood Planning A.C.T.I.O.N. Plan and the Sidewalk Improvement Plan. (R. 011ie, Planning Director) Executive Summary Since its inception in July of 2007, we have implemented the Neighborhood A.C.T.LO.N. Plan in three communities. The A.C.T.LO.N. Plan is the tool by which residents and stakeholders are afforded an opportunity to work together in addressing the community's issues by means of Accountable Communities Through the Involvement of Neighborhoods(A.C.T.I.O.N.). 3. Consider, and act upon, Resolution No. 2010-07(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for the relocation of approximately 7,300 linear feet of 14-inch water pipeline located along the north side of Brown Street from FM 1378 to Winding Oaks. (C. Hoisted, City Engineer) Executive Summary The North Texas Municipal Water District (NTMWD) operates a 14-inch water pipeline generally located along the north side of Brown Street from FM 1378 to Winding Oaks. In 2008 the City of Wylie approved an interlocal agreement with NTMWD for the relocation of a portion of the same transmission line along FM 1378 for the construction of the new City buildings. The existing pipeline will be in conflict with the proposed paving and storm drainage improvements to Brown Street and approximately 7,300 linear feet of water transmission line will need to be relocated. 4. Consider, and act upon, accepting the resignation of Daljinder Dhillon and the appointment of a new member to the Construction Code Board to fill the unexpired term of July 1, 2008 to June 30, 2010. (M. McAnnally, Building Official) Executive Summary Mr. Dhillon was appointed on February 2009 to fill an unexpired term. Prior to his appointment, Mr. Dhillon had submitted several applications to be considered for appointment and seemed very enthusiastic about serving on a board. Since his appointment, Mr. Dhillon has missed consecutive Construction Code Board meetings. January 26, 2010 Wylie City Council Regular Meeting Agenda Page 4 of 4 5. Consider, and act upon, authorizing the City, Manager to enter into a lease purchase contract with Cisco for the purchase and installation of a Voice over IP telephone communication system for the new Wylie Municipal Complex, in an amount not to exceed $110,000. (J. Butters, Assistant City Manager) Executive Summary Staff has been investigating the feasibility of a VOIP system for the Wylie Municipal Complex. Staff is recommending that we install VOIP in the new buildings instead of a traditional phone system. Through a lease to purchase agreement with Cisco we can install VOIP at the same cost of operating a traditional phone system for the first three years. Once the system is paid for we will realize a savings of$3500 - $4500 per month. The lease would be for a period of three years with 0% interest and we would own the system at the end of the agreement. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 22w' day ofJanuarv, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: wwwwvlictexos.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 26, 2010 Item Number: Presentation Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: January 20,2010 Budgeted Amount: Exhibits: Subject Recognition of employees celebrating milestone years of service to the City of Wylie. Recommendation Discussion Three employees are celebrating milestone years of service anniversaries with the City of Wylie: Rick Daddio, Public Works Superintendent Rick's career started with the City of Wylie on January 15, 1990. Rick became Street Foiiiian/Equipment` Operator in 1992 and became Assistant Superintendent in 2000. Mike Sferra, Public Services Director Mike joined the City of Wylie on January 4, 2000 as the Public Works Superintendent. He is currently the Public Services Director and has oversight of Parks, Recreation, Public Works, and Facilities. Last year, Mike celebrated his 25`1' wedding anniversary, and he and his wife have two daughters — both recent college graduates. Cheryl B. Smith, Fire Department Administrative Support Supervisor Our current Employee of the Year, Cheryl Smith joined the City of Wylie on January 18, 2000 as one of two administrative employees — Cheryl and the Chief. Cheryl Smith has been one of the foundational people in the formation of WFR into the organization it is today. She has supported the growth and development which included documenting what was needed to become recognized as an ISO 1 department. Cheryl oversees the Reach For a Star program, making sure hundreds of kids get a good Christmas. Her care and attention to the people we serve as well as the employees of WFR have earned her the nickname "Chief Mom" in the des artment. Approved By Initial Date Department Director LF 1 `202Q1Q City Manager Page 1 of 1 lAt Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 26, 2010 Item Number: Presentation Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: January 11, 2010 Budgeted Amount: Exhibits: 1 Subject. Presentation of the Wylie Economic Development Corporation 2009 Annual Report. Recommendation Discussion. As per the WEDC By-laws, each year by January 31', the WEDC must present to the Wylie City Council its Annual Report. The report must include, but is not limited to, a review of all expenditures made by the Board, a review of accomplishments, and a review of other than direct economic development. Staff believes the attached report meets the intent of the requirements of the By-laws. The report is attached for your review. Approved By Initial Date Department Director SS 01/11/10 City Manager i;it' I I Page 1 of 1 Wylie Economic Development Corporation 2009 Annual Report January 19, 2010 Financial Condition The Wylie Economic Development Corporation (WEDC) continues to make financial reporting and accountability a priority. While the 2009 audit is not complete at this time, meetings with the new auditors (Weaver & Tidwell, LLP) have not revealed any reporting deficiencies or recommended changes to existing accounting practices. For the ninth consecutive fiscal year, WEDC sales tax receipts have increased over prior year figures. Up 0.36% over 2008, 2009 sales tax receipts reached $1,298,336. This modest gain marks the first year since 2004 that Wylie did not see double digit growth in sales tax receipts. Additionally, the first month of the current fiscal year resulted in a decrease in receipts of 10.5%. This single month would typically not be of great concern in and of itself. However, the last nine months of FY 2008 — 2009 saw a median decrease of 2.6%. Combined with the fact that November and December receipts included sales tax generated from Target, staff believes that sales tax receipts should be monitored closely in FY 2009 — 2010 as their continued decline could impact the current year budget. Of the $1,298,336 in sales tax revenue (on an accrual basis), the WEDC expended $152,141 on grants and engineering services directly attributed to incentive packages, $171,842 on the purchase of real property, $232,271 on personnel services, $75,104 on marketing and promotion, $64,197 on special services (property taxes on rental property and mowing), and $274,485 on debt service. The WEDC also had $49,964 in interest earnings and income from the lease of WEDC facilities. Finally, the WEDC ended the FY 2008 - 2009 year with a $713,993 fund balance. In FY 2009 — 2010, the WEDC is contractually obligated to fund $524,000 in direct incentive programs in addition to sales tax rebate programs for infrastructure improvements executed with Greenway Investments and Direct Development. $131,000 of the above figure is an estimate and directly impacted by retail sales within the Direct and Greenway centers. The WEDC currently owns 29.47 acres of property with a cost basis of$2,811,424. WEDC debt service, associated primarily with the purchase of the above property, has a principal balance as of November 30, 2009 of$1,167,011. Redevelopment In 2009, the WEDC added to its redevelopment focus by purchasing a property on F.M. 544. Adjacent to a previously purchased 1 acre site located on the south side of F.M. 544 between Hooper and Regency, a 0.44 acre tract was purchased. The importance of this purchase was to acquire a building constructed in the 1980's which will eventually be demolished, gain control of a mutual access easement impacting both properties, and increase the depth of the WEDC site to match that of adjoining properties. Of the properties acquired for redevelopment, the WEDC now owns four properties on Industrial Court (1.5 acres), five properties on Cooper Drive (2.21 acres), and two properties on F.M. 544 - 2 - (1.44 acres). The WEDC has also targeted for redevelopment a property within Regency Business Park which is anticipated to close in 2010. This accumulation of properties on Industrial Court, Cooper Drive, and F.M. 544 is a public effort to transition the above targeted areas from industrial to a more aesthetically pleasing and higher valued commercial/retail use. The WEDC had viewed the properties on Cooper and Industrial to have a project life of 5 — 7 years. However based upon the current economic environment and its direct impact on retail development, redevelopment efforts may be pushed out to 7— 10 years. In 2010 the WEDC will continue to evaluate opportunities to purchase additional properties within the Cooper Drive and Industrial Court redevelopment areas. Price and location relating to existing WEDC properties will be the driving factor in additional land purchases for redevelopment. Retail Activity In July 2009, Super Target opened 186,000 square feet to anchor the 575,000 square foot Woodbridge Crossing. Direct Development also started construction of lease space totaling 35,000 square feet. Certificates of Completion for the shells are anticipated no later than December 31, 2009. The attraction of junior anchors and the sale of pad sites within Woodbridge Crossing has been significantly impacted by the current economic environment. A junior anchor is slated to close on a site in March 2010 with a proposed store opening in 2011. The importance of this opening cannot be emphasized enough. Also in 2009 the Wylie City Council and WEDC Board of Directors amended the Direct Development Performance Agreements and Retail Development Agreements. While certain performance measures were altered and extended, an automatic 50% reduction in sales tax reimbursements was instituted in the event a default occurs during the life of the Agreements. WEDC and City of Wylie representatives will continue to make attendance at the International Council of Shopping Centers Conference a priority. While it is unlikely that Wylie will attract new investors for `center' development in 2009 based upon the current economic climate, the WEDC will be available to Direct Development for meetings with anchors and be seeking out end users for other retail properties in Wylie. Industrial/Commercial Activity Projects undertaken/completed in 2009 were Phase I (4,800 square feet) of an office condominium project and a 7,207 square foot medical office. While no public assistance was provided to this particular project, a 43,000 square foot nursing/rehabilitation facility is near completion adjacent to and south of Brookshire's. The importance of this project is that there was a real possibility that the project would go into bankruptcy and that the facility would remain partially completed in a continuing state of deterioration. The property is currently on the tax roles at $7.2 million. - 3 - The WEDC continues to market its remaining land within Premier Plaza (21 acres) and newly acquired industrial property within Premier Business Park (3.2 acres). Hizh-Impact Initiatives A key project completed in 2009 resulted in a Performance Agreement between the WEDC and Sanden International (U.S.A.), Inc. The $8.5 million project is a two year initiative undertaken by Sanden to re-tool an underutilized compressor line. Performance measures associated with the Agreement are an investment of no less than $8.52 million, confirmation that Sanden has no less than 275 manufacturing line employees, and a minimum $58 million appraised value of the Sanden complex for the life of the Agreement. The maximum possible incentive associated with this project is $300,000 funded in two payments of $200,000 and $100,000 during 2010 and 2011. - 4 - Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 12, 2010 -6:00 pm Wylie Municipal Complex -Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following Wylie City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. Mayor Hogue introduced Garrison and Charlie Miller. He explained that their presence on the dais with council was because their father, Officer Matthew Miller, was receiving a very important promotion during the presentations. He was becoming a police sergeant with the Wylie Police Department. Garrison and Charlie assisted the mayor through the agenda presentation. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Alan Bennett with the New Hope Christian Church gave the invocation and Girl Scout Troop 3261 led the Pledge of Allegiance. Girl Scouts present included: Kaleigh Hess, Savannah O'Neal, Shelby Home, Jazrit Mondair, Morgan Stewart, Sharee Owen, Summer Ellis, Amanda Peden,and Alanna Jones. Troop leaders present were: Cheryl Hess and Chelsea O'Neal. PRESENTATION • Presentation of the Promotion of Officer Matthew Miller. (J. Duscio, Police Chief) Police Chief Duscio administered the Law Enforcement Oath of Honor to Officer Matt Miller. Sergeant Miller's daughter Charlie Miller pinned her father. Many of the Wylie Police Officers were on hand for the presentation. Minutes January 12, 2010 Wylie City Council Page 1 • Presentation "Mayor for a Day" (Mayor Eric Hogue) Mayor Hogue asked Hannah and Gracie Reid to come forward. He explained to those present that Hannah and Gracie were the daughters of Matthew and Tammy Reid. Hannah is a second grader and Gracie is in kindergarten at Hartman Elementary. Mayor Hogue explained that Hannah and Gracie Reid were the winners of "Mayor for a Day" purchased through the R.F. Hartman PTA Silent Auction at their Fall Carnival. He presented them with proclamations and noted that they had been unofficially sworn in that morning. Gracie and Hannah continued to assist the mayor at the dais for the remainder of the council meeting. • Presentation of 2010 Census by National Census Advisory Committee Vice Chairman, Pauline Medrano. (C. Ehrlich, City Secretary) Councilmember Jones introduced Pauline Medrano. He explained that she served as Vice Chairman for the National Census Advisory Committee and also served as Deputy Mayor Pro Tem for the City of Dallas. Ms. Medrano emphasized the importance of the 2010 Census in regard to accurate population counts but also emphasized the possibilities for future funding for cities, counties, and states. She explained that the census totals each ten years also determine the number of seats each state has in the House of Representatives. Ms. Medrano asked the Wylie City Council and staff to use all methods possible to insure local citizens knew the census was coming and that there were only ten simple questions to answer and return by mail. 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. No one was present to address the Wylie City Council during citizens 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 he separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the December 8, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2010-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2009 0 2OI1.U amending the zoning from Agricultural (AG-30) District to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Minutes January 12, 2010 Wylie City Council Page 2 Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie, Planning Director) D. Consider, and act upon, Resolution No. 2010-02(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Evergreen Wylie Senior Community L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. (M. Manson, City Manager) E. Consider, and act upon, Resolution No. 2010-03(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Brown Street. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented with one correction to Item C; Item C should read approval of Ordinance No. 2010-01. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie, Texas and the City of Parker, Texas regarding the disconnection of water service due to nonpayment of sewer charges. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the City of Parker, Texas ("Parker") furnishes retail water service to an area in southeast Collin County, which includes portions of the City of Wylie, Texas. She explained that Texas law requires that in order for Wylie to disconnect or terminate water service for delinquent sewer service charges by its customers, Wylie must enter into a disconnect agreement with Parker that identifies the terms and conditions for requesting Parker to disconnect or terminate water service to a customer who is delinquent in their sewer service charges to Wylie. Although Parker furnishes retail water service to this area, Wylie furnishes the sewer service. Based on the recommendations of a legal consultant who specializes in water law, Wylie has agreed to the terms and conditions set forth in the attached agreement. City Manager Manson explained that a little over a year ago, representatives from the City of Wylie and the City of Parker met in Austin for mediation regarding the CCN for the two jurisdictions. As part of that mediation, a commitment between the two cities was made to work on this disconnect agreement. She explained that the city currently has agreements with Wylie Northeast and East Fork for disconnection of water services for sewer delinquencies. The city has been in negotiations with the City of Parker to finalize language within the agreement Ms. Manson noted that the agreement presented tonight still had some language that may not be agreeable to both parties however, based on advice from the city attorney she was recommending approval of this agreement, with the possibility of coming back at some point with an amended agreement. Minutes January 12, 2010 Wylie City Council Page 3 Council Discussion Councilman Porter asked why the City of Parker was against this agreement. City Manager Manson replied that Parker was not against this agreement but wanted stronger liability language to be included in the agreement regarding water disconnections. Jim Shepherd, city attorney for the City of Parker, addressed council stating that it is the tail end of a multi-facet agreement. He stated there was a revised agreement setting out responsibilities that had been created by Parker and sent to the city in August of 2009. City Manager Manson explained that the agreement presented tonight to the Wylie City Council was provided to the City of Parker's City Administrator in December 2009. Mayor Hogue addressed Mr. Shepherd stating that negotiations would not be conducted tonight but rather should be conducted between the attorneys for the City of Parker and Wylie. He noted that the council had a recommendation from both City Manager Manson and the city attorney to recommend approval of the proposed agreement. City Manager Manson stated, for the record, that the implication from Mr. Shepherd that negotiations and give and take have not been transpiring since August of 2009 was incorrect. City of Parker staff and City of Wylie staff and the Wylie City Attorney have been diligently working on this agreement for the past several months. Councilman Porter asked if the agreement required approval tonight. City Manager Manson explained that the initial mediation took place back in November of 2008. She explained that more than likely the cities would not come to agreement on some of the issues, therefore the city attorney was asking for the recommended agreement to be approved in the event the two cities required further mediation. Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tem Byboth to adopt Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie, Texas and the City of Parker, Texas regarding the disconnection of water service due to nonpayment of sewer charges. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White, Councilman Porter and Councilman Goss voting for, and Councilman Jones voting against. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2010-01 into the official records. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to adjourn the meeting at 7:10 p.m. Consensus of the council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes January 12, 2010 Wylie City Council Page 4 ip Wylie City Council CITY OF WY AGENDA REPORT LIE 4V Meeting Date: January 26, 2010 Item Number: B • • (City Secretary's Use Only) Department: Public Services - Prepared By: Mike Sferra Account Code: Date Prepared: December 22, 2009 Budgeted Amount: Interlocal Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2010-05(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for implementation of a Solid Waste Implementation grant project. Recommendation Motion to approve Resolution No. 2010-05(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for implementation of a Solid Waste Implementation grant project. Discussion On October 13, 2009, the City Council approved Resolution 2009-26(R) authorizing staff to submit a grant application requesting project funding under the North Central Texas Council of Governments (NCTCOG) Request for Project Applications supporting the goals of the Regional Solid Waste Management Plan. In December 2009, the NCTCOG notified the City of Wylie that the application received funding provided by the Texas Commission on Environmental Quality. In order to proceed with the project, an Interlocal Agreement between the City of Wylie and the NCTCOG must be executed. The term of this funding cycle began in December 2009, and all projects must be completed by June 30, 2011. The application sought $150,000 in funding to increase citizen awareness and participation in residential recycling services which is one of the Regional Solid Waste Management Plan's goals. This project would equip three Community Waste Disposal (CWD) trucks and up to 13,200 recycle polycarts with radio frequency identification (RFID) technology that will weigh each resident's recyclables to gauge their participation in the program. The City would retain ownership of and recover all equipment in the event that we secure another solid waste contractor in the future. Currently, CWD estimates that only 40% of residents participate in recycling. Incentives will be offered to encourage more residents to participate and to increase the participation rate of those that already participate. The ultimate result of such efforts will be a more-informed citizenry familiar with principles of recycling, a reduction in the amount of debris deposited in area landfills, and a diversion of more waste toward various Page 1 of 2 Page 2 of 2 recycling streams. The City is currently eligible to receive a rebate from CWD based upon the tonnage of collected recyclables. Any increase in participation could lead to an increase in this rebate thus increasing general funds available to the City. The City Council has already earmarked such rebates for use in beautifying medians. Through a companion agenda item, staff is submitting a budget amendment to account for project revenues and expenses. The project is budget neutral in that the City will be reimbursed one dollar for every dollar it spends up to $150,000. The amount of funding received in the grant covers the cost of all contractual expenses, equipment, installation, technical support, etc. for the project term. The City's match is comprised of the personnel time to administer and manage the program, install the RFID tags, perform public education, and provide incentives for participation. Approved By Initial Date Department Director MS 12-22-09 City Manager ' ; RESOLUTION NO. 2010-05(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR IMPLEMENTATION OF A SOLID WASTE IMPLEMENTATION GRANT PROJECT. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for the implementation of NCTCOG's adopted SEE Less Trash Regional Solid Waste Management Plan; and WHEREAS, the City of Wylie, Texas ("City") submitted a grant application requesting project funding supporting the goals of the Regional Solid Waste Management Plan; and WHEREAS, the City was awarded project funding from the Texas Commission on Environmental Quality; and WHEREAS, the City Council of the City ("City Council") has investigated and determined that such funding is in support of increasing citizen awareness and participation in residential recycling services; and WHEREAS, such funding will provide means to measure and track individual recycling rates with the use of radio frequency identification technology; and WHEREAS, such funding will provide incentives to residents to participate in residential recycling services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: The City Council hereby authorizes and directs its City Manager to execute the Interlocal Agreement for Solid Waste Implementation Grant Project ("Interlocal Agreement") with the NCTCOG in the amount of One Hundred Fifty Thousand dollars and No/100 ($150,000.00) for the Be a Wylie Recycler, the Curbside Recycling Incentive Program Project ("Project") for equipment, installation, and technical support costs associated with implementing the Project. Resolution No. 2010-05(R) Interlocal Agreement with NCTCOG Solid Waste Local Implementation Funding Project 565406.v1 SECTION 2: The Interlocal Agreement term is effective December 18, 2009 and shall terminate June 30, 2011. The Interlocal Agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate funds necessary to perform this agreement. 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 this 26`h day of January, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2010-05(R) Interlocal Agreement with NCTCOG Solid Waste Local Implementation Funding Project 565406.v 1 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE IMPLEMENTATION GRANT PROJECT This Interlace) Agreement is entered into by and between the parties named below. Neither the Texas Commission on Environmental Quality nor the State of Texas is a party to this Agreement. CONTRACTING PARTIES: The Funding Agency: North Central Texas Council of Governments Herein referred to as "NCTCOG" Funds Recipient: City of Wylie, Texas Herein referred to as "FUNDS RECIPIENT" II. SERVICES TO BE PERFORMED: For the Be a Wylie Recycler, the Curbside Recycling Incentive Program project, the FUNDS RECIPIENT shall complete all work as specified or indicated in "Attachment A-Work Program and Schedule of Deliverables of FUNDS RECIPIENT." III. FUNDING AMOUNT: The funding amount under this Interlocal Agreement is a minimum of: $150,000 (one hundred and fifty thousand dollars). The budget details are in Attachment C. IV. TERM OF CONTRACT: This Interlocal Agreement is effective December 18, 2009 and shall terminate June 30, 2011. This Interlocal Agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate funds necessary to perform this agreement. This Interlocal Agreement must be signed and executed forty-five (45) days from the effective date stated above. In the event funding is not available, the parties further agree that NCTCOG has no further obligation to pay and FUNDS RECIPIENT has no further duty to perform under terms of this agreement. V. ADDITIONAL CONTRACT PROVISIONS: See Attachment C- Schedule for Reimbursement and Reporting, Attachment D - Special Provisions, and Attachment E - General Provisions. VI. ENTIRE CONTRACT: This Interlocal Agreement, including all Attachments, represents the entire contract between the contracting parties. Any changes or modifications to this Interlocal Agreement must be in writing. Funds for this subcontract are currently available from the Texas Solid Waste Disposal and Transportation Revenue Fee, as proscribed in Texas Health and Safety Code Chapter 361.014. Due to demands upon the source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the Municipal Solid Waste Disposal Account, as proscribed in Texas Health and Safety Code Chapter 361.014(d), will be depleted or reduced prior to completion of this Interlocal Agreement. The parties agree that all funding arranged under this Interlocal Agreement is subject to sufficient funds in the Municipal Solid Waste Disposal Account. The NCTCOG has certified, and the FUNDS RECIPIENT certifies that each has the authority to perform the services contracted for by authority granted in "the Regional Planning Act of 1965," i Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Texas Local Government Code, Chapter 391 and "The Interlocal Cooperation Act," Texas Government Code, Chapter 791. COUNCIL OF GOVERNMENTS PROJECT FUNDS RECIPIENT North Central Texas Council of City of Wylie, Texas Governments Funding agencv Local Government Signature Signature Mike Eastland Name Name Executive Director Title Title Date Date ii Grant Project Number 10-04-G12 City of Wylie Curbside Recycling incentive Program LIST OF ATTACHMENTS ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES .1 ATTACHMENT B. SCHEDULE FOR REIMBURSEMENT AND REPORTING 2 ATTACHMENT C. BUDGET& DETAILED COST SHEETS 4 ATTACHMENT D. SPECIAL PROVISIONS 12 Article 01. PURPOSE OF AGREEMENT 12 Article 02. LIMITATIONS AND REPORTING REQUIREMENTS 12 Article 03. FINANCIAL OBLIGATION 12 Article 04. REIMBURSEMENT PROCEDURES 13 Article 05, BUDGET CATEGORY ADJUSTMENTS 14 Article 06. PROJECT REPORTING REQUIREMENTS 14 Article 07. PERFORMANCE MEASURES 15 Article 08. IDENTIFICATION OF THE FUNDING SOURCE 15 Article 09. PERSONNEL 15 Article 10. TRAVEL 16 Article 11. CONSUMABLE SUPPLIES 16 Article 12. EQUIPMENT 17 Article 13. CONTRACTUAL EXPENSES 19 Article 14. CONSTRUCTION 20 Article 15. OTHER EXPENSES 20 Article 16. INDIRECT EXPENSES 21 Article 17. MATCHING SERVICES/CASH CONTRIBUTIONS 21 Article 18. PROJECT CONTACTS 22 ATTACHMENT E. GENERAL PROVISIONS 23 Article 01. ELIGIBLE PROJECT FUNDING RECIPIENTS 23 Article 02. RESPONSIBILITIES OF THE FUNDS RECIPIENT 24 Article 03. OVERSIGHT OF SOLID WASTE IMPLEMENTATION PROGRAM 24 Article 04. STANDARDS FOR IMPLEMENTATION PROJECTS 28 Article 05. MONITORING REQUIREMENTS 29 Article 06. COMPLIANCE WITH APPLICABLE LAWS 29 Article 07, UNIFORM GRANT AND CONTRACT MANAGEMENT ACT 29 Article 08. ACCOUNTING SYSTEM 29 Article 09. RELEASE OF CLAIMS 29 Article 10. ACCESS/EXAMINATION OF RECORDS 29 Article 11. AUDITS 30 Article 12. INSURANCE AND LIABILITY 30 Article 13. HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS......................... 31 Article 14. CONFLICTS OF INTEREST ...................31 Article 15. SURVIVAL OF OBLIGATIONS 31 Article 16. CONTRACTUAL COSTS 31 Article 17. CHANGES TO INTERLOCAL AGREEMENT 32 Article 18. SEVERABILITY 32 Article 19. INTELLECTUAL PROPERTY 32 Article 20. CORRESPONDENCE 33 Article 21. DATA AND PUBLICITY 33 Article 22. ASSIGNABILITY 33 Article 23. SUBAGREEMENTS AND SUBCONTRACTS 34 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 24. SUPPLEMENTAL FUNDING STANDARDS ............ 34 Article 25. AMERICANS WITH DISABILITIES ACT REQUIREMENTS 36 Article 26. EMPLOYMENT PRACTICES 36 Article 27. STATUTES RELATING TO NONDISCRIMINATION 36 Article 28. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES 36 Article 29. SAFETY AND PROTECTION 36 Article 30. ENERGY EFFICIENCY STANDARDS 36 Article 31. FORCE MAJEURE 36 Article 32. TERMINATION OF INTERLOCAL AGREEMENT 37 DEFINITIONS 38 APPENDICES: • PROJECT REPORT FORMS • FINANCIAL REIMBURSEMENT FORMS • Example of a RELEASE OF CLAIMS iv Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Attachment A. Work Program and Schedule of Deliverables The following work program lists all of the major steps for the Be a Wylie Recycler, the Wylie Curbside Recycling Incentive Program project. Because many of the tasks listed below will occur simultaneously, they are not listed in timeline order. Rather, the expected timeframe to accomplish each of the deliverables or activities is outlined with each major task. 1. Execution of Interlocal Agreement with NCTCOG— December 2009: a. Following notification of successful grant award, Director of Public Services writes agenda item. b. Public Services Director coordinates with City Secretary and City Manager to place item on City Council agenda for Wylie City Council to approve Interlocal Agreement with NCTCOG. c. Wylie City Manager executes Interlocal Agreement document. 2. Purchase equipment: a. In December 2009, Public Services Director coordinates with City Purchasing Agent to prepare bid documents to acquire project equipment, hardware, and software. b. City follows competitive bidding procedures and solicits bids from vendors during December 2009 and January 2010. c. City staff identifies best bid, obtains City Council approval, and issues Purchase Order for all project equipment in February 2010. d. Receive all items in February/March 2010. 3. Equipment installation and testing: a. During March, April, and May 2010, City employees begin retrofitting approximately 12,700 existing, residential, 90-gallon recycle polycarts with radio-frequency identification (RFID) tags. b. During March, April, and May 2010, the successful equipment vendor begins outfitting three of the City's solid waste contractor's trucks with RFID readers, weight scales, and hardware. c. In May 2010, the equipment vendor tests the RFID equipment and weight scales in the field and makes fine-tune adjustments as needed. d. City, vendor, and City's solid waste contractor test and verify functionality of the program's web-based aspects and report generation functions. 4. Establish residential recycling participation database: a. In February 2009, Public Services Director coordinates with Utility Billing and successful equipment vendor to import existing Wylie utility customer database into new recycling participation database. b. Vendor performs integrity check on existing database and imports database into new software in February 2009. 5. Public education: a. In February/March 2010, the Public Services Director coordinates with City of Wylie Public Information Officer to post the program information on City website and in monthly residential electronic newsletter. b. In March, the Public Services Director and the Wylie Public Information Officer perform in-house design of utility bill insert. 1 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program c. In April/May 2010, residents receive utility bill insert informing them of new program and incentives. d. From July 2010 through June 2011, City staff will publish monthly program updates on the City's website and include the names of incentive winners. e. All program announcements, news articles, and publications will recognize the funding source of the program as being the Texas Commission on Environmental Quality. 6. Begin tracking residential recycling participation rates: a. June 1, 2010—with successful completion of all steps noted above, data collection on residential recycling participation rates begins. b. Beginning in June 2010, the City's solid waste contractor runs normal collection routes with data collection system in full operation mode. c. City staff monitors data collection, generates reports, and tracks citizen participation rates for the duration of the project. d. Beginning in June 2010 and for the duration of the program, City staff contacts residents that have no or low rates of participation and educates them about the new program and its incentives. 7. Deliver program incentives: a. Beginning in July 2010, City staff will identify pool of residents that have participated in the residential recycling program for four consecutive weeks or contributed more than 50 pounds of recyclables in any one week. b. Two residents from this pool will be selected at random to receive the incentive package identified in the Project Description, Form 5. c. City staff repeats this process once per month for a total of 12 months and ends incentives in June 2011. A total of 24 incentive awards will be presented to residents. 8. Quarterly Status Reports on the progress of the grant project—every three months. a. Throughout each quarter, City staff collects all reportable data into project folders. b. Approximately 30 days prior to the end of each quarter, City staff begins preparation of required quarterly report. c. Two weeks prior to end of quarter, the report is checked for accuracy and thoroughness by the Director of Public Services. d. City staff submits quarterly reports on time to NCTCOG. 9. All expenditures and activities completed —June 30, 2011. a. Prior to this date, City staff makes all efforts to maximize use of project funds in accordance with the Interlocal Agreement. b. City staff makes no expenditures after this date. 10. Final reporting, reimbursement request and Release of All Claims due to NCTCOG by 5 p.m. on Friday, July 31, 2011. a. Approximately thirty days prior to deadline, City staff will coordinate with NCTCOG representatives to prepare and submit all final project documentation as required in the Interlocal Agreement. 2 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Attachment B. Schedules for Requests for Reimbursement and Quarterly Status Reports 1. REQUESTS FOR REIMBURSEMENT The FUNDS RECIPIENT must submit a "Request for Reimbursement" at least quarterly (even if no funds were spent), but not more frequently than once a month, for reimbursement of actual allowable costs. Requests for Reimbursement may be submitted monthly and are not associated with the Status Report schedule. All Requests for Reimbursement shall be submitted in accordance with the requirements identified in Attachment D, Article 04 "Reimbursement Procedures" of this Interlocal Agreement. The final Request for Reimbursement must include a Release of Claims as indicated under Attachment E. Article 09, "Release of Claims" of this Interlocal Agreement. 2. QUARTERLY STATUS REPORTS The following represents the reporting schedule for projects funded in fiscal years 2010-11: DUE DATES for FY2010 GRANT SUMMARY/RESSULTS REPORTS REPORTING PERIOD Quarterly Grant Summary/Results Report#1: December 18, 2009 through March 31, 2010 Due Friday, April 1, 2010 Quarterly Grant Summary/Results Report#2: April 1, 2010 through June 30, 2010 Due Friday, July 1, 2010 Quarterly Grant Summary/Results Report#3: July 1, 2010 through September 30, 2010 Due Friday, October 1, 2010 Quarterly Grant Summary/Results Report#4: October 1, 2011 through Dec. 31, 2011 Due Friday, January 3, 2011 Quarterly Grant Summary/Results Report#5: January 1, 2011 through March 31, 2011 Due Friday, April 1, 2011 Final Results Report & Release of Claims April 1, 2011 through June 30, 2011 Due Friday, August 1, 2011 Follow-Up Results Report: One (1)Friday, August 3, 201 Z year after completion of the project upon NCTCOG request. 3 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling incentive Program Attachment C. Budget and Detailed Cost Sheets Note: This Budget information is taken directly from the Project Application. PROJECT MATCHING CASH BUDGET ITEM FUNDING TOTAL PROJECT SERVICES CONTRIBUTION AMOUNT 1.- Personnel/salaries $62,800 $52,800 2. Fringe benefits $ $ $ 3. Travel $ $ 4. Supplies $ $ $ 5. Equipment $63,000 $ $ $63,000, 6. Construction $ $ -- 7. Contractual $16,000 $ $ $16,000 8. Other $71,000 $4,003.60 $ $75,003.60 ! Total direct charges $150.000 $56,803.60 $ $206,803,60 (sum of lines 1-8) 9. Indirect charges $ $ $ Total cost (sum of 1-9) $150,000 $56,803.60 $ $206,803,60 Note: Matching services should relate only to staff or services directly involved with the funded project. Cash contributions identified in this project budget should be tracked separately from the in-kind services, with the understanding that if in-kind or cash contributions are Liol provided during the term of the grant, NCTCOG may terminate the grant for non-compliance. LIST MATCHING SERVICES & CASH CONSTRIBUTIONS HERE 1. RFID tag installation: 10 minutes per cart for 2,200 hours at $16 per hour wage: $35,200 2. City employees contacting low-participating residents: 200 hours at $20 per hour wage: $4,000 3. Public Service Director project management: 200 hours at $50 per hour wage: $10,000 4. Administrative support: 50 hours at $16 per hour wage: $800 5. Printing cost for utility bill inserts to inform residents of program: $1,000 4 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program 6. Incentives provided by City: a. Six free solid waste services contest winners for one year: $813.60 b. Six free Olde City Park Pavilion Rental contest winners (four hours at$10 per hour): $240 c. Six free Community Center rental contest winners (four hours at $25 per hour) plus kitchen rental ($25): $750 d. Six free memberships at new Recreation Center contest winners: $1,200 5 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DETAILED BUDGET SHEET - Line(s) 1, 2 and/or 9: Personnel/Salaries/Fringe Benefits/Indirect Rate This budget sheet should be completed if any expenses are entered for Personnel/Salaries on Line 1 of the Project Budget Summary; otherwise omit. $ In the space below, list the names, and titles of individuals whose salaries are paid for in all or in part from project funds. Also indicate if funds are for a new or existing employee. If your budget lists fringe benefits (line 2) and indirect costs (line 9), you also must provide the following information: • What is your fringe benefit rate: • What is your indirect charge rate*: " In accordance with the UGMS, indirect charges may be authorized if the applicant has a negotiated indirect cost rate agreement signed within the past 24 months by a federal cognizant agency or by a state single audit coordinating agency. Alternatively, the applicant may be authorized to recover up to 10% of direct salary and wage costs (excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If you have an approved cost allocation plan, please enclose documentation of your approved indirect rate. 6 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling incentive Program DETAILED BUDGET SHEET- Line 3: Project-Funded Travel This budget sheet should be completed if any expenses are entered for travel on Line 3 of the Project Budget Summary; otherwise omit. $ The following is an itemized list of the types of travel expenses expected, identifying the parties and purposes involved. In general, all travel is within the North Central Texas region or within Texas. All proposed travel outside Texas must be specifically listed and will need specific approval from the NCTCOG and the TCEQ. DETAILED BUDGET SHEET- Line 4: Project-Funded Supplies This budget sheet should be completed if any expenses are entered for supplies on Line 4 of your Project Budget Summary; otherwise omit. $ This type of expenditures must generally relate to the routine purchase of office supplies (paper, pencils, staple, etc.) or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. (Expenses for food and alcoholic or non-alcoholic beverages are not allowable.) The following is an itemized list of the general types of supplies and their cost that are intended to be purchased with project funding: Item Unit Cost Total Cost 7 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DETAILED BUDGET SHEET - Line 5: Project-Funded Equipment This budget sheet should be completed if any expenses are entered for equipment on Line 5 of the Project Budget Summary; otherwise omit. $63,000 Equipment includes all non-construction related, tangible property having a unit acquisition cost of $5,000 or more, with an estimated useful life of over one-year. All equipment purchases must be pre- approved by the NCTCOG. Equipment (description, type, model, etc.) #of units Costs •Weigh component for recycle truck 3 $45,000 • Peripheral interface case, RFID multiplexer, GPS module, power supply, Digi RS-232 to USB converter 3 $18,000 TOTAL EQUIPMENT: $63,000 8 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DETAILED BUDGET SHEET- Line 6: Project-Funded Construction This budget sheet should be completed if any expenses are entered for construction on Line 6 of the Project Budget Summary; otherwise omit. $ All construction projects must be pre-approved by the NCTCOG. Construction costs include facility design, site preparation, and facility construction. Indicate clearly whether construction services are provided by you (project funds recipient) or through subcontracts for outside services. Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. Appropriate costs that may be included are: • the cost of materials and labor connected to the construction project; • the cost of equipment attached to the permanent structure; and the cost of planning the project; and, • any subcontracts, including contracts for services, performed as part of the construction. All local government municipal laws and regulations, including UGMS, for bidding and contracting for services must be followed. The following is an itemized list the construction expenses associated with the funded project, with as many specifications as possible: 9 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DETAILED BUDGET SHEET - Line 7: Project-Funded Contractual This budget sheet should be completed if any expenses are entered for contractual services on Line 7 of the Project Budget Summary; otherwise omit. $16,000.00 All contractual expenses must be pre-approved by NCTCOG. Expenses included under this category should be for costs for professional services or tasks provided by a firm or individual who is not employed by the project funds recipient other than those related to construction. All local government municipal laws and regulations, including UGMS, for bidding and contracting for services must be followed during the project period. Any expenses (including legal fees, staff time, travel and communications) related in any way to drafting legislation, lobbying for legislation, or other political activities are not allowable under this program. The following is an itemized list of the contractual expenses associated with the funded project, with as many specifications as possible: • Equipment installation $6,000 • Customer data import and reconciliation $5,000 • Project management fee $5,000 TOTAL CONTRACTUAL: $16,000 10 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DETAILED BUDGET SHEET-Item 8: Project-Funded Other Expenses This budget sheet should be completed if any expenses are entered under"other" on Line 8 of the Project Budget Summary; otherwise omit. "Other" expenses are those for items or services that do not readily fit into any of the previous budget categories. The following is an itemized list of other expenses: $ Postage/delivery $ Telephone/FAX $ Utilities $ Printing/reproduction $ Advertising/public notices $ Signage $ Training $ Office space and equipment rentals $ Basic office furnishings (desks, chairs, filing cabinets, etc.) $ Books and reference materials $17,000 Computer Hardware ((3 Panasonic tablet touch screen computers at$3,000 each for three trucks and 2 Motorola MC 70 handheld computers with GPS and 3G at$2,000 each for field data entry and verification of cart RFID tags.) $ Computer Software $54,000 Miscellaneous other expenses (Separately itemize these expenses below) • Server license $5,000 • Software application support $4,000 • Truck communication (wireless) $1,500 • Panasonic CF-19 tablet computer maintenance $1,500 • Motorola MC70 handheld computer maintenance $1,200 • Truck application license fee $1 200 • 13,200 RFID tags for residential recycle carts $39,600 1$71,000 TOTAL "other" expenses, equal to the amount entered on ,Line 8 of the budget summary. 11 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Attachment D. Special Provisions Article 01: Purpose of the Interlocal Agreement The purpose of this Interlocal Agreement is to implement the provisions of§361.014(b) of the Texas Health and Safety Code, regarding the distribution of solid waste fee revenue funds in support of local and regional solid waste projects consistent with the regional solid waste management plans adopted by the NCTCOG and Texas Commission on Environmental Quality (TCEQ). This Interlocal Agreement is to perform specific tasks identified by NCTCOG's Resource Conservation Council (RCC) among several top-ranked local project proposals during the FY2010 grant funding cycle. Article 02: Limitations and Reporting Requirements Pursuant to §391 of the Local Government Code, funds received under this Interlocal Agreement will be expended only subject to the limitations and reporting requirements similar to those set forth in this Article: • Audit and Reporting Requirements that the FUNDS RECIPIENT annually report to the Governor, §391.0095 of the Local Government Code, and 1 TAC §5.83 and §5.87, Governor's Office Regulations. • FUND RECIPIENT'S Indirect Costs must comply with §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on FUNDS RECIPIENT Travel Cost, §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on Use of Alcoholic Beverages, §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on Lobbying and Nepotism, §391.0116 of the Local Government Code, and 1 TAC §5.89, Governor's Office Regulations. • Salary Administration Provisions and Schedules and Position Classification Schedules, §391.0117 of the Local Government Code, and 1 TAC §5.85, Governor's Office Regulations. • General Limitations on Expenditures, §6.01 of SB 1, General Appropriations Act, 79th Legislative Session. Article 03. Financial Obligation The FUNDS RECIPIENT is responsible for ensuring that expenditure amounts remain within the total budget limits. The FUNDS RECIPIENT must maintain records and documentation materials consistent with the requirements of this Attachment D "Special Provisions," the Uniform Grant and Contract Management Act (collectively, "UGCMA'), Texas Government Code, §§783.001 et. seq., and the Uniform Grant Management Standards, 1 Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGMS"). The FUNDS RECIPIENT must also follow up on any problems identified through its financial monitoring program. In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to the FUNDS RECIPIENT in an amount equal to the actual costs incurred by the FUNDS RECIPIENT in rendering such performance, subject to the following limitations: NCTCOG is not liable for expenditures made in violation of Attachment E, Article 24, which outlines supplemental funding standards as defined by the TCEQ. NCTCOG is not liable for any costs incurred by FUNDS RECIPIENT in the performance of this Interlocal Agreement that have not been billed to NCTCOG within thirty (30) calendar days following termination of this Interlocal Agreement. 12 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program NCTCOG is not liable to the FUNDS RECIPIENT for costs incurred or performance rendered by FUNDS RECIPIENT before commencement of this agreement or after termination of this Interlocal Agreement. Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in this Interlocal Agreement, stated guidelines and applicable rules and regulations. Failure on the part of the FUNDS RECIPIENT to comply with the conditions set forth in this Interlocal Agreement shall be the basis for termination of the Interlocal Agreement and/or the revocation of any unexpended or inappropriately expended funds. Article 04: Reimbursement Procedures All payments for approved project expenditures shall be on a cost reimbursement basis only. The NCTCOG reserves the right to withhold or deny payments of funds awarded under this Interlocal Agreement due to incomplete, incorrect, or inconsistent reports or tasks required under this Interlocal Agreement, until the FUNDS RECIPIENT satisfactorily completes, revises, or corrects such services or reports. Request for Reimbursement (Summary of Project Expenditures): For expenditures already incurred, the FUNDS RECIPIENT shall submit a request for reimbursement at least quarterly, but no more frequently than once per month, by the tenth (10th) calendar day following the end of each month for which expenditures are claimed. The FUNDS RECIPIENT must use the required Summary of Project Expenditures (Form PT-F2), with appropriate itemized lists (Forms PT-F2-A through PT-F2-E) submitted with an original signature. All requests for reimbursement shall provide sufficient documentation, including: • copy of purchase order(s), • copy of invoice(s), • check number and/or electronic transfer number under which payment was made, and • information concerning the costs incurred to enable the NCTCOG to ascertain the eligibility of a particular expenditure to enable subsequent audits. Specific guidelines and requirements are given later in this Attachment D for each category of allowed expenditures, in the Articles labeled "Personnel," "Supplies," "Equipment," "Travel," etc. The FUNDS RECIPIENT may account for expenses incurred and request reimbursement of outlays under a cash or accrual basis, as defined and authorized by the UGCMA. Under this Interlocal Agreement, an eligible reimbursement cost must have been incurred within the time period indicated on the Summary of Pass-Through Grant Expenditures (Form PT-F2); shall have been already paid; or incurred by the last day of the Interlocal Agreement period of performance. Payments: Upon review and approval of each Summary of Pass-Through Grant Expenditures, NCTCOG will make payment to FUNDS RECIPIENT, as soon as practicable. The Final Request for Reimbursement must be submitted at the end of the Interlocal Agreement period of performance and must include a Release of Claims. 13 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 05. Budget Category Adjustments The FUNDS RECIPIENT may expend funds in excess of those listed for a particular budget category within the approved budget without requiring a formal amendment to this Interlocal Agreement, if: The FUNDS RECIPIENT adheres to all other requirements of this Interlocal Agreement, concerning obtaining prior written authorization; • The cumulative dollar amount of all excess expenditures among direct budget categories is equal to or less than 5% of the total budget amount. • Sufficient funds are available in other budget categories to cover the excess expenditures. • The transfer will maintain or further the scope and objective of the project as funded by this Agreement. NCTCOG will make the final determination if a transfer furthers the scope and objective of a project. • The FUNDS RECIPIENT notifies the NCTCOG as soon as practical of the deviation from the budget categories. • Budget category adjustments/changes for Personnel/Salaries, Equipment, Contractual, Construction, and Other expenditures must receive prior written authorization from the NCTCOG. In order to receive approval for a budget category adjustment, FUNDS RECIPIENT must complete and submit a REQUEST FOR BUDGET REVISION form as well as a memorandum explaining the requested budget revision(s). Article 06. Project Reporting Requirements The FUNDS RECIPIENT shall prepare and submit to the NCTCOG, a quarterly written progress report concerning performance under this Interlocal Agreement documenting the accomplishments and units of work performed under the Scope of Services of this Agreement. The quarterly "Summary/Results Report of Implementation Project"form must be submitted using the forms provided. The quarterly "Summary/Results Report of Implementation Project" form will be due to the NCTCOG on the days indicated under the Schedule for Reimbursement and Reporting in Attachment B. The FUNDS RECIPIENT'S Summary/Results Report of Implementation Project report shall contain adequate descriptions of all project activities performed in order to allow the NCTCOG to evaluate compliance with the provisions of this project. Performance information concerning timelines in meeting the schedule for required reports will be maintained by the NCTCOG and shared with members of the Resource Conservation Council (RCC). In particular, any legal research and related legal activities shall be clearly detailed in the progress reports in order to assure the NCTCOG that the activities are not prohibited under Attachment E, Article 24 of this Interlocal Agreement. The FUNDS RECIPIENT shall comply with any reasonable request by the NCTCOG for additional information on activities conducted in order for the NCTCOG to adequately monitor the FUNDS RECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Interlocal Agreement. A Final Report shall be provided in conjunction with the final request for payment under this Interlocal Agreement. In this Final Report, the FUNDS RECIPIENT shall certify, in writing, the satisfactory completion of all activities and deliverables required under this Interlocal Agreement. Reimbursement payments under this Interlocal Agreement may be withheld by the NCTCOG until such time as any past due progress reports are received. The Final Report shall consist of the same 14 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program forms used for the Summary/Results Report of Implementation Project form and the supplemental detailed forms for this project's funding category. The Final Report shall include information on the progress during the last quarter of the project as well as cumulative information from the beginning of the project through its completion. The FUNDS RECIPIENT also agrees to provide NCTCOG one or more "Follow-up Results" Reports) documenting the continued impact of this funded project beyond the end date of this agreement. The Follow-up Results Report(s) will be required on a schedule to be provided by NCTCOG, approximately one year after the end of the project funding cycle. The Follow-up Results Report form will be provided by NCTCOG to the FUNDS RECIPIENT later in the funding cycle. The FUNDS RECIPIENT agrees to provide, throughout the life of the project, additional reports (as requested by the NCTCOG) to document the project's continued results at the culmination of the project. Timeliness in completing reporting requirements will be monitored by the NCTCOG and reported to the RCC. If the FUNDS RECIPIENT is not able to submit a scheduled progress report on time, the FUNDS RECIPIENT must contact the NCTCOG Project Representative for a report extension due date prior to the original submittal date. If the FUNDS RECIPIENT fails to submit the Summary/Results Report of Implementation Project form to NCTCOG's Project Representative upon notice/reminder, this matter will be brought to the attention of NCTCOG's RCC for further resolution. Failure to comply with the requirements of this Article shall constitute a breach of this Interlocal Agreement. Article 07. Performance Measures The timeliness of meeting reporting requirements and completion of the original Work Program will be monitored by the NCTCOG and reported to the RCC. Performance on reporting requirement information will be considered as an evaluation criteria for future Requests for Projects. As such, the FUNDS RECIPIENT is cautioned to meet all of the reporting requirements as outlined in Attachment B of this Interlocal Agreement. Prior written notification must be provided to NCTCOG in the event that the FUNDS RECIPIENT is unable to comply with the reporting requirements. Article 08. Identification of the Funding Source The FUNDS RECIPIENT must acknowledge the financial support of the NCTCOG and the State of Texas whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps, vehicles, pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc. "Prepared in cooperation with the North Central Texas Council of Governments through funding from the Texas Commission on Environmental Quality." Tangible items where surface space is limited may utilize the TCEQ logo only. Consult with the NCTCOG Project Representative to obtain this logo and for the proper display. Article 09. Personnel In addition to the project funding reimbursement request, all outlays that fall within the "Personnel/Salaries" category of the budget shall be itemized by the FUNDS RECIPIENT on Form PT-F2-A. For Personnel/Salaries expenditures, the FUNDS RECIPIENT is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time directly billed to this Interlocal Agreement. Payments from funds provided under this Interlocal Agreement for accruals 15 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program such as vacation, sick leave, severance pay, or other accruals are allowed only for time during which the employee was employed and performing work under this Interlocal Agreement. The FUNDS RECIPIENT employee positions covered in this Interlocal Agreement are listed in Attachment C. The FUNDS RECIPIENT must notify and seek approval from NCTCOG for any changes in personnel whose salaries are funded under this Interlocal Agreement. Article 10. Travel Only the employees of the FUNDS RECIPIENT assigned to the project should receive reimbursement for travel expenses. All travel for which expenses are claimed must be in connection with the tasks and activities required under this Interlocal Agreement, and shall be in compliance with the State Travel Regulation and Restrictions on Travel Costs as outlined in §391.0115 of the Local Government Code. Except as provided for in this Interlocal Agreement as indicated under Attachment C of the program budget, the FUNDS RECIPIENT shall obtain prior written authorization from the NCTCOG for reimbursement from the travel expense budget category of any travel expenses for persons not employed by the FUNDS RECIPIENT, and for travel by any employee not included in Attachment C of the program budget. Out-of-state travel should not normally be allowed and will require prior written approval from NCTCOG and TCEQ, prior to the travel event. In order for travel expenses to be reimbursed under the conditions of this Interlocal Agreement, the FUNDS RECIPIENT shall comply with the State Travel Regulations as required by Section 33, Article IX, H.B. 1, and any Restrictions on Travel Costs as outlined in §391.0115 of the Local Government Code. Documentation should, at a minimum, be consistent with the State Travel Regulations and any Restrictions on Travel Cost. The purpose of the travel shall be documented and supported with any of the appropriate records, such as automobile mileage totals for the reporting period (gasoline receipts will not be accepted for privately owned vehicles), actual receipts for hotel accommodations, public transportation receipts, airline receipts, meal receipts, etc. The reimbursement request must include the itemization of travel expenses on Form PT-F2-A. The FUNDS RECIPIENT is not required to submit a daily or incidental mileage log as a part of Form PT-F2-A. However, mileage trip logs documenting amount of miles traveled per day or per trip, the FUNDS RECIPIENT must maintain destination and purpose of trip as part of the FUNDS RECIPIENT'S records. Such mileage logs must be made available upon request by the NCTCOG or the TCEQ. Article 11. Consumable Supplies Expenses shall be for non-construction related costs for goods and materials having a unit acquisition cost (including freight) of less than $1,000. Such expenditures shall generally relate to the routine purchase of office supplies (paper, pencils, and staplers) or other goods, which are consumed by the FUNDS RECIPIENT in a relatively short period of time, in the regular performance of the general activities funded under this Interlocal Agreement. FUNDS RECIPIENT is expected to conform to the appropriate bid process for purchases according to the FUNDS RECIPIENT'S own internal policies and procedures. Non-routine expenditures of goods and materials, not falling under the definition of Supplies, should be charged to the "Other" Expense Category. Supporting documentation shall include whatever is necessary to show that the work was performed and the expense incurred. Supporting documentation for reimbursement must include verification that the cost has been paid by the FUNDS 16 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program RECIPIENT, a copy of the purchase order(if issued) and a copy of the invoice. A request for reimbursement for supplies must include itemized expenses on Form PT-F2-D. Article 12. Equipment For the purposes of this Interlocal Agreement, equipment is defined as those items with a unit acquisition cost of$5,000 or greater. All equipment expenses are subject to prior approval by NCTCOG before purchase. Subject to the obligations and conditions set forth in this Interlocal Agreement, title to real property and equipment (together hereafter referred to in this Article as "property") acquired under this Inte-local Agreement by the FUNDS RECIPIENT will vest upon acquisition or construction. Subject to the provisions of this Interlocal Agreement and as otherwise provided by State statutes, property acquired or replaced under this Interlocal Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Interlocal Agreement whether or not the original projects or programs continue to be supported by state funds. The FUNDS RECIPIENT shall not allow to a third party a security interest in any original or replacement property purchased or constructed with funds made available to the FUNDS RECIPIENT under this Interlocal Agreement. The use of property acquired under this Interlocal Agreement, both during the term of this Interlocal Agreement and for the useful life of the property or until compensation is provided to the TCEQ for the applicable percentage share of the fair market value of the property, shall be in compliance with §361.014(b) of the Texas Health & Safety Code Annotated, which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. The FUNDS RECIPIENT may develop and use their own property management systems, which must conform to all applicable federal, state, and local laws, rules and regulations. If an adequate system for accounting for property owned by the FUNDS RECIPIENT is not in place or is not used properly, the Property Accounting System Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing such a system. The property management system used by the FUNDS RECIPIENT must meet the requirements set forth in this Section. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. A physical inventory of all equipment acquired or replaced under this Interlocal Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the FUNDS RECIPIENT shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The FUNDS RECIPIENT shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such property is sold. 17 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling incentive Program Certain types of equipment are classified as "controlled assets" and are subject to annual revision. In accordance with the UGMS, the FUNDS RECIPIENT should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's state Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the FUNDS RECIPIENT'S inventory system irrespective of cost, and the following equipment with costs between $500 and $5,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras, (3) facsimile machines, (4) VCRs and VCR/TV combinations; (5) cellular and portable telephones.; and, (6) computer hardware. The FUNDS RECIPIENT may for the purpose of replacing property acquired under this Interlocal Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. The FUNDS RECIPIENT agrees that if a determination is made that any property acquired with funds provided under this Interlocal Agreement with a current per-unit fair market value of$5,000 or more is no longer needed for the originally authorized purpose, the TCEQ has the right to require disposition of the property by the FUNDS RECIPIENT in accordance with the provisions of this Article. When during the useful life of property acquired with project funds under this Interlocal Agreement by the FUNDS RECIPIENT and with a current per-unit fair market value of$5,000 or more, the property is no longer needed for the originally authorized purpose, the FUNDS RECIPIENT agrees to request disposition instructions from the TCEQ. When property acquired by a FUNDS RECIPIENT with project funds provided by the TCEQ under this Interlocal Agreement is no longer needed for the originally authorized purpose, the FUNDS RECIPIENT agrees that this Interlocal Agreement will require the NCTCOG to request disposition instructions from the FUNDS RECIPIENT or, if the NCTCOG is no longer administering a Regional Solid Waste Implementation Project Program, the TCEQ. The NCTCOG shall, in turn, request authorization from the TCEQ to provide disposition instructions to the FUNDS RECIPIENT. Disposition instructions shall solicit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use of the proceeds. The assessment of whether to authorize the proposed disposition of the property must include a determination that the disposition plan will comply with the private industry provisions of §361.014(b) of the Texas Health Safety Code Annotated. In cases where the FUNDS RECIPIENT fails to take appropriate disposition actions, the TCEQ may direct the NCTCOG to take excess and disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this Section. Retain title, sell, or otherwise disposed of with no obligation to compensate the TCEQ or, in the case of a FUNDS RECIPIENT. Retain title after compensating the TCEQ or, in the case of a implementation project funding recipient, the NCTCOG. If the NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this Interlocal Agreement, the NCTCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that support this or similar future programs conducted by the TCEQ. The amount due will be computed by applying the percentage of state-funded participation in the cost of the original purchase to the fair market value of the property. Sell the property and compensate the TCEQ or, in the case of project funding recipient, the NCTCOG. If the NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided 18 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program under this Interlocal Agreement, the NCTCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that support the goals of this or similar future programs conducted by the TCEQ. The amount due will be calculated by applying the TCEQ percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing-up expenses. If the project is still active, the net proceeds from sale may be offset against the original cost of the property. When the FUNDS RECIPIENT is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. Transfer title to the TCEQ or, in the case of an implementation project funds recipient, the NCTCOG, or to a third-party designated/approved by the TCEQ. If the FUNDS RECIPIENT participated financially in the original purchase of the property, the FUNDS RECIPIENT may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase of the property to the current fair market value of the property. Items of property with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the FUNDS RECIPIENT with no further obligation to the TCEQ. Methods used to determine per-unit fair market value must be documented, kept on file and made available to the TCEQ upon request. A request for reimbursement for equipment must include itemized expenses on Form PT-F2-B. Article 13. Contractual Expenses No contractual expenditures are eligible for reimbursement under this Interlocal Agreement, unless such contracts' scope of work has been approved ahead of time, in writing, by the NCTCOG. Any amendments to the FUNDS RECIPIENT'S subcontract authorization for reimbursement under this Interlocal Agreement, whether or not such subcontract required NCTCOG's pre-approval, which will result in or require substantive changes to any of the tasks required to be performed under this Interlocal Agreement, must be approved in writing by the NCTCOG. Examples of contractual expenses include professional (subcontracted) services. The FUNDS RECIPIENT is expected to conform to the appropriate bidding and contracting laws and regulations according to the FUNDS RECIPIENT'S own internal policies and procedures. In addition, the FUNDS RECIPIENT is required to maintain documentation that the costs incurred for contractual expenses (including subcontract expenses) were reasonable and necessary. Please note the specific guidance applicable to project restrictions, especially regarding projects that require a TCEQ permit or registration. All outlays that fall within the "Contractual" category of the budget shall be itemized by the FUNDS RECIPIENT on Form PT-F2-B, to accompany the Request for Reimbursement (Form PT-F2). In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate documentation that (1) further identifies the specific cost; (2) clearly identifies the vendor or subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed. Supporting documentation shall include a purchase order marked "received/paid" and an invoice similarly marked, plus a copy of the check under which payment for the expense was made. In the case of subcontractor services, the supporting documentation shall consist of a dated invoice marked "received/paid" showing the amount billed to the FUNDS RECIPIENT, indicating any "past due" amount from previous invoices and a copy of the check. 19 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 14. Construction Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. Examples include: facility design, site preparation and facility construction, including slabs, paving, awning, attendant shelters with sanitation facilities, fencing and lighting, containment berms, and electronic data-recording equipment. The FUNDS RECIPIENT shall obtain and pay for all construction permits and licenses. The FUND RECIPIENT shall also pay all charges of utility owners for connections to the work and for charges associated with capital costs related thereto, such as plant investment fees. The FUNDS RECIPIENT is expected to conform to the appropriate bidding process according to the FUNDS RECIPIENT'S own internal policies and procedures. In addition, the FUNDS RECIPIENT is required to maintain documentation to support that the cost incurred were reasonable and necessary. Appropriate costs that may be included are: a. The costs of planning the project. b. The cost of materials and labor connected to the construction project. c. The cost of equipment attached to the permanent structure; and d. Any subcontracts (including contracts for services) performed as part of the construction. All outlays that fall within the "Construction" category of the budget shall be itemized by the FUNDS RECIPIENT on Form PT-F2-C, to accompany the Request for Reimbursement (Form PT-F2). In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate supporting documentation that (1) further identifies the specific cost; (2) clearly identifies the vendor or subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed. The supporting documentation shall include a copy of the purchase order marked "received/paid", and an invoice similarly marked plus a copy of the check. In the case of subcontractor services, the supporting documentation shall consist of a dated invoice showing the amount billed to the FUNDS RECIPIENT and any "past due" amount from previous invoices marked "received/paid" indicating the check number. In addition, the FUNDS RECIPIENT is subject to all the requirements related to Title to Equipment and Construction Facilities, as indicated in Attachment D, Article 11. Article 15. Other Expenses No expenses under the "Other" budget category, including computer hardware or software purchases not included under the "Equipment" budget category, shall be eligible for reimbursement under this Interlocal Agreement, unless approved ahead of time, in writing, by the NCTCOG. The "Other" expenses as identified in Attachment C of the Project Budget are allowed. The restrictions set forth in the Uniform Grant and Contract Management Standards apply. All expenses budgeted under this "Other" category shall be itemized by the project funds recipient when requesting reimbursement. Some expenses that may be appropriate include: A Postage/delivery g. Office Space b. Telephone/FAX h. Basic Office Furnishings c. Utilities i. Legal Costs d. Printing/Reproduction j. Vehicle Maintenance e. Advertising/Public notices k. Any others f. Signage 20 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program The expenses under this budget category must receive NCTCOG's written approval prior to purchase. Again, for these "other" expenditures, documentation for reimbursement must show that the expenses were incurred (a copy of the check), and shall include purchase orders if issued and invoices, or receipts marked "received/paid." Any Request for Reimbursement must include an itemization of the expenses, using Form PT-F2-D. Article 16. Indirect Expenses Indirect costs rates under this Interlocal Agreement shall comply with all provisions of§391.0115 of the Texas Local Government Code relating to the restrictions on commission costs, and the FUNDS RECIPIENT shall advise the NCTCOG in writing in the event such compliance will necessitate a reduction or other change to the indirect cost rate(s) set forth in the budget identified under Attachment C. The Indirect Cost Rate(s) included under Attachment C shall remain in effect subject to formal approval by either a Federal Cognizant Agency, a State Coordinating Agency based on a recent audit performed by an independent auditor, or another funding entity, that specifically examines and reports the indirect cost rate for the FUNDS RECIPIENT accounting period(s) covered under this Interlocal Agreement. The FUNDS RECIPIENT agrees to reimburse the NCTCOG any overpayments received as a result of any final audit finding. In the event that the FUNDS RECIPIENT'S Federal Cognizant Agency, or State Coordinating Agency approves, prior to the termination date of this Agreement, determines a final audited indirect cost rate which is different from the indirect rate set forth in this Interlocal Agreement, the FUNDS RECIPIENT and the NCTCOG may negotiate a new contract budget and incorporate such into this Interlocal Agreement by way of a contract change. Nothing in this section, or the results of any indirect cost audit or final indirect cost rate approval, shall cause the NCTCOG to owe the FUNDS RECIPIENT more than the FUNDS RECIPIENT amount shown in budget set forth in Attachment C. Article 17. In-kind Services/Cash Contributions In reference to the performance of the FUNDS RECIPIENT under this Interlocal Agreement, In-kind Services shall be for staff or services directly involved with the work related activities as defined in the approved work plan. A cash contribution is a monetary contribution to the project budget provided by the FUNDS RECIPIENT. In-kind Services and Cash Contributions as defined in the approved Project Budget will be tracked separately with the understanding that in the event that such services and/or contributions are not provided during the term of this Interlocal Agreement, the NCTCOG may terminate the Interlocal Agreement for non-compliance. The FUNDS RECIPIENT shall track In-kind Services and Cash Contributions separately from project funding and shall itemize those costs on the required Form PT-F2-E, which shall be submitted with each Request for Reimbursement (Form PT-F2). Article 18. Project Contacts The NCTCOG hereby designates the person in Article 17of this Attachment as the individual authorized to give direction to the FUNDS RECIPIENT for the purposes of this Interlocal Agreement. 21 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program The NCTCOG Project Representative shall not be deemed to have authority to bind the NCTCOG in contract unless the NCTCOG's Executive Director has delegated that person to have such authority. The FUNDS RECIPIENT shall identify as its Project Representative, the person authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS RECIPIENT. The FUNDS RECIPIENTS Project Representative shall not be deemed to have authority to bind the FUNDS RECIPIENT in contract unless the FUNDS RECIPIENT, in writing, specifically specifies such authority to the NCTCOG. Either party may change its Project Representative as the need arises. In addition, the Project Representative of either party may further delegate his or her authority if necessary, including any delegation of authority to a new Project Representative. The party making any change in the Project Representative shall provide written notice of the change to the other party. The NCTCOG hereby designates the individual below as the person to give direction to the FUNDS RECIPIENT as Project Representative of NCTCOG: Jennifer Vuitel, Planner Environment and Development Department P. O. Box 5888; 616 Six Flags Drive Arlington, Texas 76005-5888 TEL 817-695-9223 FAX 817-695-9191 Email: jvuitel©nctcog.org The FUNDS RECIPIENT hereby designates the individual named below as the person authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS RECIPIENT as the Project Representative: Mike Sferra Public Services Director 2000 Highway 78 North Wylie, TX 75098 TEL 972-442-8108 FAX 972-442-5461 Email: mike.sferra@wylietexas.gov The FUNDS RECIPIENT designates the following location for record access and review: 2000 Highway 78 North Wylie, Texas 75098 22 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Attachment E. General Provisions Article 01. Eligible Project Funding Recipients Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the NCTCOG for an implementation project: • Cities; • Counties; • Public schools through their school districts and school districts (does not include universities or post secondary educational institutions); • Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities; and, • Councils of Government. Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are not eligible to receive implementation project funding from the NCTCOG. The TCEQ shall provide, on a quarterly basis, the NCTCOG a list of entities for which fee payments are in arrears. The NCTCOG shall allow a potential implementation project applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed to the state. If the potential applicant provides the NCTCOG with documentation of payment of the fees, such as a canceled check or receipt from the state, or waiver of the fee in question, the NCTCOG may consider that applicant to be eligible to receive implementation project funding under this Interlocal Agreement. Article 02. Responsibilities of the FUNDS RECIPIENT The FUNDS RECIPIENT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the FUNDS RECIPIENT under this Interlocal Agreement. The FUNDS RECIPIENT shall perform such services as may be necessary to accomplish the work required under this Interlocal Agreement, in accordance with the FUNDING AGENCY and contractual requirements and any and all applicable law. The NCTCOG may require the FUNDS RECIPIENT to correct and revise any errors, omissions or other deficiencies in any reports or services provided by the FUNDS RECIPIENT to ensure that such reports and services fulfill the purposes of this Interlocal Agreement. The FUNDS RECIPIENT shall make the required corrections or revisions without additional cost to the NCTCOG. Neither the NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Interlocal Agreement or of any cause of action arising out of the performance of this Interlocal Agreement; and the FUNDS RECIPIENT shall be, and remain liable in accordance with applicable law for all damages to the NCTCOG, including reasonable attorney's fees and court costs caused by the FUNDS RECIPIENT'S negligent performance of any of the services furnished under this Interlocal Agreement. The obligations of the FUNDS RECIPIENT under this Article are in addition to the FUNDS RECIPIENT'S other express or implied assurances under this Interlocal Agreement or applicable law. 23 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 03. Oversight of Solid Waste Implementation Project Program NCTCOG staff, through its designated Project Representative, is responsible for managing the solid waste implementation project program, for negotiating the work scope of services, the budget, and the term of the Interlocal Agreement. NCTCOG staff will review and authorize Requests for Reimbursement; review progress reports and will undertake site visits. In addition, NCTCOG's Resource Conservation Council (RCC), the regional solid waste advisory committee under the Executive Board, will oversee the comprehensive implementation project program assure compliance with state requirements and achievement of regional objectives. Other oversight duties of the RCC will include arbitration of projects as necessary and review and approval of key contract amendments. Article 04. Standards for Implementation Projects The following standards and limitations apply to all implementation project activities funded under this Agreement. The FUNDS RECIPIENT is responsible for ensuring compliance of these standards in the following project categories. Local Enforcement. This category consists of projects that contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Under this category, funding recipients may investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. Examples of categories eligible for funding include equipment such as vehicles, communications equipment, and surveillance equipment as well as program administration expenses, such as salaries/fringe benefits, office supplies and equipment, travel, training, and vehicle maintenance. Also eligible for funding is protective gear and supplies and educational materials. Funding limitations specific to this category are set forth in this Section. Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or(b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. When funding is to be provided for salaries of local enforcement officers, the funds recipient must certify that at least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal Environmental Law Enforcement Training or equivalent training. Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for use by an enforcement officer, must investigate major illegal dumping problems, on both public and private property, in addition to investigating general litter problems on public property. 24 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Entities receiving funds to conduct a local enforcement program must cooperate with the TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities. Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping of municipal solid waste. Source Reduction and Recycling. This category includes projects that provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the source. Funded activities may include: facility design and construction; equipment, such as chippers, balers, crushers, recycling and composting containers, trailers, forklifts, and trucks; program administration expenses, such as salaries/fringe benefits, office supplies and equipment, travel, and training; and, educational materials; printing and advertisement expenses. Funding limitations specific to this category are set forth in this Section. Programs and projects funded under this category shall have as a goal and be designed to provide a measurable effect on reducing the amount of municipal solid waste being disposed of in landfills. Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Projects funded under this Interlocal Agreement may not include programs dedicated to the collection and/or recycling of automotive wastes, to include scrap tires, used oil, oil filters, antifreeze, or lead- acid batteries. This restriction includes the purchase of equipment to shred or split scrap tires. However, this restriction does not apply to the ancillary collection of these materials as part of a comprehensive Household Hazardous Waste Collection facility or program. Local Solid Waste Management Plans. This category includes projects to develop and have adopted by the TCEQ a local solid waste management plan, in accordance with Subchapter D, §363 of the Texas Health & Safety Code, as implemented by TCEQ rule, 30 TAC Chapter 330, Subchapter 0, or to amend an existing local solid waste management plan that has been adopted by the TCEQ. Funding limitations applicable to this category are set forth in this Section. The local planning area must be consistent with one or a combination of local solid waste management planning sub-regions identified by the NCTCOG in the regional solid waste management plan. Funding provided under this category may not be used for final engineering work, designs, or construction plans. At least one year should be allowed for the completion and adoption of the local plan. Citizens' Collection Stations and "Small" Registered Transfer Stations. This category includes projects to construct and equip citizens' collection stations, as these facilities are defined under 30 TAC §330.2, TCEQ Regulations. Municipal Solid Waste Transfer Stations that qualify for registration under §330.4(d)(1) - (3) or§330.4(r) of the TCEQ Regulations may also be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under§330.4(d) or§330.4(r), TCEQ Regulations, may be funded. Other permitted or registered transfer stations may not be funded. 25 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating a transfer station once it is completed may not be funded. Funds may be used for projects funded for these types of facilities shall include consideration of an integrated approach to solid waste management, to include providing recycling services at the site, if appropriate to the management system in place. Funds may also be used for periodic community collection events, held not more frequently than four times per year, to provide for collection of residential waste materials for which there is not a readily-available collection alternative, such as large and bulky items that are not picked up under the regular collection system. Transfer stations that qualify for a registration solely due to their location within a permitted municipal solid waste facility, under§330.4(d)(4), may not be funded. Municipal solid waste transfer stations that qualify for a registration only under the provisions of §330.4(q) of the Municipal Solid Waste regulations allowing for registration of facilities that recover 10% or more of the waste stream for reuse or recycling, but not also under the provisions of§330.4(d) of the Municipal Solid Waste regulations, may not be funded. However, those components of a transfer facility dedicated to the reuse or recycling activities may qualify for funding under the source reduction and recycling grant category. Municipal Solid Waste transfer stations that are used only in the transfer of grease trap waste, grit trap waste, septage, or other similar liquid waste, and which qualify for registration under §330.4(r) of the Municipal Solid Waste regulations may be funded under this category. Specifically, §330.4(r) of the regulations allows for registration of a liquid waste transfer facility that will receive 32,000 gallons a day or less. Only the costs necessary to construct the facility and/or purchase and install necessary equipment may be funded. Costs associated with operating a facility once it is completed may not be funded. Transfer stations that require a registration must have already received that registration from the TCEQ before a grant may be awarded. Household Hazardous Waste Management. This category includes projects that provide a means for the collection, recycling or reuse, and/or proper disposal of household hazardous waste, including household chemicals and other materials. Projects may include collection events, consolidation and transportation costs associated with collection activities, recycling and/or reuse of materials; proper disposal of materials; permanent collection facilities, and education and public awareness programs. Funds may also be used to support Texas Country Cleanup events, conducted in conjunction with the TCEQ. Funding limitations specific to this category are set forth in this Section. Projects under this category must be coordinated with the TCEQ HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Funds provided under this I nterlocal Agreement may not be used for programs and activities related to the collection and management of commercial, industrial, and hazardous wastes. 26 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Funds provided under this Interlocal Agreement may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in municipal solid waste landfills. However, collection of these materials may be included as part of a comprehensive Household Hazardous Waste collection and management program, so long as that is not the sole intent of the program. Technical Studies. This category includes projects which include the collection of pertinent data, analysis of issues and needs, evaluation of alternative solutions, public input, and recommended actions, to assist in making solid waste management decisions at the local level. Projects under this category may also include research and investigations to determine the location and boundaries of closed municipal solid waste landfills in support of the regional solid waste landfill inventory program. Funding limitations specific to this category are set forth in this Section. All technical studies shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with the Content and Format Guidelines provided by the TCEQ. Funding may not be used for final engineering work, designs, or construction plans. A landfill or landfilling may be the topic of a technical study only if it is part of an overall, integrated solid waste management system. However, this restriction does not apply to research related to an inventory of closed municipal solid waste landfill sites. Litter/Illegal Dumping Cleanups and Community Cleanup Events. This category includes ongoing and periodic activities to clean up litter and illegal dumping of municipal solid waste, to include lake and river cleanup events conducted in conjunction with the TCEQ's and Keep Texas Beautiful's Lake and River Cleanup Program. Projects included under this category may include general community cleanup events designed to involve the residents and community in periodic cleanup of litter and trash within the community as well as waste removal; disposal or recycling of the removed materials; fencing and barriers; and signage. Placement of trash collection receptacles in public areas with chronic littering problems is also included. Reuse or recycling options should be considered for managing the materials collected, to the extent feasible. Funding limitations specific to this category are set forth in this Section. Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the Keep Texas Beautiful organization, which is contracted by the TCEQ to administer the Lake and River Cleanup program. Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor must either contract for and oversee the cleanup work, or conduct the work with its own employees and equipment. The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The costs for cleanup of Class 1 non-hazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 non-hazardous industrial waste that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. 27 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling incentive Program All notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEQ's Risk Reduction Regulations, must be complied with as part of any activities funded under this Interlocal Agreement. All materials cleaned up using grant funds must be properly disposed of or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that materials removed from a site be reused or recycled. For projects to clean up large amounts of materials, the NCTCOG may consider withholding at least ten (10) percent of the reimbursements under this Interlocal Agreement, until documentation is provided that the cleanup work has been completed and the materials properly managed. Periodic community collection events, to provide for collection and proper disposal of non-recyclable residential waste materials for which there is not a readily available collection alternative, are eligible. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held no more frequently than four times per year, and must only be intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large and bulky items that are not picked up under the regular collection system, and might otherwise be illegally dumped by residents. Funding limitations specific to this category are set forth in this Section. Educational and Training Projects. Educational components are encouraged under the other categories in order to better ensure public participation in projects; those educational components should be funded as part of those projects and not separately under this category. This category may be used for"stand-alone" educational projects dealing with a variety of solid waste management topics. This category may include funding for information-exchange activities, subject to the other limitations on travel expenses. Funding limitations specific to this category are set forth in this Section. Programs and projects funded under this category shall be primarily related to issues involved in the management of municipal solid waste. Education or training events that cover a broader range of environmental issues may be funded on a partial basis appropriate to the extent to which municipal solid waste issues are covered. Article 05. Monitoring Requirements NCTCOG shall conduct periodic analysis of FUNDS RECIPIENT'S performance under this Interlocal Agreement for the purpose of assessing the degree to which contractual objectives and performance standards, as identified in this Interlocal Agreement or as subsequently amended, are achieved by the FUNDS RECIPIENT. NCTCOG may periodically monitor the FUNDS RECIPIENT for: • The degree of compliance with the terms of this Interlocal Agreement, including compliance with applicable rules, regulations, and promulgations referenced herein; • The administrative and operational effectiveness of the project; and, . NCTCOG Project Representative must visit the FUNDS RECIPIENT facility and certify in writing that equipment is on site in order for FUNDS RECIPIENT to receive reimbursement for equipment expenditures. 28 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 06. Compliance with Applicable Laws The FUNDS RECIPIENT shall, except as otherwise provided in this Interlocal Agreement, be responsible for giving notices, obtaining any necessary licenses and permits, complying with all provisions of this Interlocal Agreement, including, but not limited to, all applicable State, Municipal and Local laws, ordinances, rules, regulations and order of any public authority, in connection with the work required by this Interlocal Agreement. The main governing standards include, but may not be limited to, the following: • §361.014. TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B. 3072, 74th Texas Legislature); • §330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and • The Uniform Grant and Contract Management Act, TEX. GOV'T CODE ANN., §§783.001 et. Seq., and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGCMA"). If the FUNDS RECIPIENT or NCTCOG observes that this Interlocal Agreement is at variance in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Interlocal Agreement modification. Article 07. Uniform Grant and Contract Management Act The provisions of the Uniform Grant and Contract Management Act ("UGCMA") apply to this Interlocal Agreement to the extent required by law. Article 08. Accounting Systems The FUNDS RECIPIENT shall have an accounting system that accounts for costs in accordance with Generally Accepted Accounting Standards or Principles, and complies with applicable State law, regulations, and policies relating to accounting standards or principles. The FUNDS RECIPIENT must account for costs in a manner consistent with such standards or principles. Article 09. Release of Claims Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement, and as a condition to final payment/settlement, the FUNDS RECIPIENT shall execute and deliver to the NCTCOG a release of all claims against the NCTCOG arising under or by virtue of this Interlocal Agreement. Article 10. Access/Examination of Records The FUNDS RECIPIENT shall maintain and make available for review, inspection and/or audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this Interlocal Agreement, including but not limited to, negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the FUNDS RECIPIENT's office. During the conduct of any such review, audit or inspection, the FUNDS' RECIPIENT'S books, records, and other pertinent documents may, upon prior conference with the FUNDS RECIPIENT, be copied by NCTCOG. All such information shall be handled by the parties in accordance with good business ethics. The FUNDS RECIPIENT shall provide proper facilities for such access and inspection. 29 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program The FUNDS RECIPIENT shall also maintain and make available at its designated location the financial information and data used by the FUNDS RECIPIENT or its designee (including independent financial auditors) in the preparation and support of any cost submission or cost (direct and indirect), price or profit analysis for this Interlocal Agreement or any negotiated Sub-Agreement or change order, and a copy of the cost summary shall be submitted to the NCTCOG. The NCTCOG, or any of its duly authorized auditors or representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, audit or inspection. The records to be thus maintained and retained by FUNDS RECIPIENT shall include (without limitation): • personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of FUNDS RECIPIENT'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash; • invoices for purchases, receiving and issuing documents, and all other unit inventory records for FUNDS RECIPIENT'S stocks or capital items; and • paid invoices and canceled checks for materials purchased, subcontractor costs, and/or and any other third parties' charges. Records under section (a) above shall be maintained and made available during the entire period of performance of this Interlocal Agreement and until three (3) years from the date of the final NCTCOG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the three-year period, whichever is later. Access to records is not limited to the required retention periods. The authorized representatives designated in Attachment D, Article 17 of this Interlocal Agreement shall have access to records at any reasonable time for as long as the records are maintained. Access to records applies to financial records pertaining to all subagreements and related changes, to the extent the records reasonably pertain to subagreement performance; if there is any indication that fraud, gross abuse or corrupt practices may be involved; or if the subagreement is terminated for default or for convenience. The NCTCOG reserves the right to require reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the FUNDS RECIPIENT on work performed under this Interlocal Agreement. Article 11. Audits The FUNDS RECIPIENT shall provide assurances that, if funded, the FUNDS RECIPIENT will comply with the Single Audit provisions of the Uniform Grant Management Standards (UGMS), prepared by the Governor's Office under§§783.001 et.seq, Texas Government Code, and 1 TAC §§5.141 et.seq, Governor's Office Regulations. Provisions of the Single Audit Circular in Part 1V of the UGMS apply to all recipients of funding under this grant. Article 12. Insurance and Liability The FUNDS RECIPIENT understands and agrees that it shall be liable to repay and shall repay upon demand to NCTCOG any amounts determined by NCTCOG, its independent auditors, or any agency of state government any funds which have been paid in violation of the terms of this Interlocal Agreement. 30 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 13. Hazardous Substances, Waste Disposal and Manifests The FUNDS RECIPIENT shall comply with all applicable laws and regulations, including but not limited to, those relating to hazardous substances, waste disposal, and manifests. The FUNDS RECIPIENT shall ensure that the same requirement will be incorporated into sub-agreements and/or subcontracts awarded under the provisions of this Interlocal Agreement. Article 14. Conflicts of Interest No employee, officer or agent of the FUNDS RECIPIENT shall participate in selection, or in the award or administration of a contract supported by State funds, if a conflict of interest, real or apparent, would be involved: • The employee, officer or agent. • Any member of his immediate family. • His or her partner. • An organization which employs, or is about to employ any of the above. Such a conflict arises when any of the above has a financial or other interest in the subcontractor selected. The officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontractors. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violation of such standards by the FUNDS RECIPIENT officers, employees, or agents, or by contractors or their agents as specified in the Uniform Grant Management Standards. The FUNDS RECIPIENT shall notify the NCTCOG immediately upon discovery of any potential or actual conflict of interest. The FUNDS RECIPIENT agrees that the NCTCOG and the TCEQ have sole discretion to determine whether a conflict of interest exists and that the NCTCOG may terminate this Interlocal Agreement at any time, on the grounds of actual or apparent conflict of interest. The FUNDS RECIPIENT shall notify the NCTCOG in writing of any actual, apparent, or potential conflict of interest regarding any individual performing or having access to information regarding the services in question. As applicable, the notification shall include both organizational conflicts of interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way in the performance of any services that created the conflict of interest. Article 15. Survival of Obligations All representations, indemnification's, warranties and guarantees made in, required by or given in accordance with this Interlocal Agreement, as well as all continuing obligations indicated in this agreement, will survive final payment, completion and acceptance of the service and termination or completion of the Interlocal Agreement. Article 16. Contractual Costs The FUNDS RECIPIENT'S contractual costs must comply with allowable cost requirements. FUND RECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If the FUNDS RECIPIENT has no competitive procurement policy, the FUNDS RECIPIENT must generally select contractors by evaluation and 31 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program comparison of price, quality of goods or services and past performance. All sub- agreements/subcontracts awarded by the FUNDS RECIPIENT under this Interlocal Agreement shall be in accordance with the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning. Article 17. Changes to Interlocal Agreement A Major Change will include one or more of the following: (1) An increase or decrease in the amount of compensation to the FUNDS RECIPIENT; (2) An extension or shortening of the term of the Agreement; (3) A significant change in the scope of the Agreement or the services to be performed; or (4) Any action that is beyond the authority of the Executive Director of the NCTCOG. Implementation of a Major Change must be preceded by a formal written amendment to the agreement. The amendment must contain a description of the proposed change and shall be signed by persons authorized to bind each party in contract. Any amendment that exceeds the contractual authority of the Executive Director of NCTCOG also requires the consent, at Agenda, of a majority of the NCTCOG Executive Board. Any proposed change that is not a Major Change may qualify as a Minor Change. A Minor Change shall require the written agreement of both Project Representatives but shall not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the FUNDS RECIPIENT and the NCTCOG. If the FUNDS RECIPIENT requests a Minor Change and the Project Representative does not approve the request as a Minor Change, then the change shall be deemed a Major Change and the FUNDS RECIPIENT may only obtain authorization to proceed by a formal written amendment to this Interlocal Agreement. Article 18. Severability All parties agree that should any provision of this Interlocal Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Interlocal Agreement, which shall continue in full force and effect. Article 19. Intellectual Property For the purpose of this Article, "intellectual property" refers to: • Any discovery or invention for which patent rights may be acquired; • Any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials; and; • Any other materials for which intellectual property rights may be obtained. If the FUNDS RECIPIENT first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to the NCTCOG. The FUNDS RECIPIENT may obtain governmental protection for rights in the intellectual property. However, the NCTCOG hereby reserves a nonexclusive, royalty-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. The NCTCOG also reserves a royalty-free nonexclusive, and irrevocable license to use, publish, or 32 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property for which the FUNDS RECIPIENT obtains rights with funds received under this Interlocal Agreement. In performing work under this Interlocal Agreement, the FUNDS RECIPIENT shall comply with all laws, rules and regulations relating to intellectual property, and shall not infringe on any third party's intellectual property rights. It shall hold the NCTCOG harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the NCTCOG against, any claims for infringement related to its work under this Agreement. The FUNDS RECIPIENT expressly acknowledges that persons with visual impairments may not expend state funds in connection with the purchase of an automated information system unless that system meets certain statutory requirements under §2157.005 of the Government Code, relating to accessibility. Accordingly, the FUNDS RECIPIENT represents and warrants to the NCTCOG that the technology provided to the NCTCOG for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of(1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assertive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating displays, and customizable display appearances. Article 20. Correspondence All project related notices, reports and other contractual communications under this Interlocal Agreement shall be sent to the NCTCOG Project Representative as specified under Attachment D, Article 17. All such communications shall be considered duly given if hand delivered; delivered by nationally recognized courier service, or mailed by certified or registered mail, return receipt requested. All such communications shall be deemed given when received, as evidenced by the signed acknowledgment of receipt by the recipient; the confirmation of delivery by the courier service; or the receipt returned by the sender. Article 21. Data and Publicity All data and other information developed under this Interlocal Agreement shall be furnished to the NCTCOG and shall be public data and information, with exception to the extent it is exempt from public access by the Texas Open Records/Public Information Act, Vernon's TEX. GOV'T CODE § 552. Upon termination of this Agreement, all data and information shall become the joint property of the NCTCOG and the FUNDS RECIPIENT. Article 22. Assignability This Interlocal Agreement is not transferable or otherwise assignable by the FUNDS RECIPIENT without the written consent of the NCTCOG. Any attempted transfer is void without the written consent of the NCTCOG. 33 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 23. Sub-agreements and Subcontracts All contractual expenditures using funds provided under this Interlocal Agreement shall meet UGCMA, and all procurement laws, applicable to the FUNDS RECIPIENT and subcontractor, including the Professional Services Procurement Act. Note that the Common Rule of OMB Circular A-102, as adopted in the UGCMA, precludes the use of the cost plus a percentage of cost method of contracting. Any subcontractor acquired by the FUNDS RECIPIENT in connection with the services covered by this Interlocal Agreement will be limited to such individuals or firms, scope of work, and budget amounts as are specifically (1) identified herein; or as (2) approved by the NCTCOG during the performance of this Interlocal Agreement prior to execution of a contract with the subcontractor. Any substitution in such subcontractor, the scope of work, and budget amounts will be subject to the prior written approval of the NCTCOG. The FUNDS RECIPIENT shall be responsible for the management and fiscal monitoring of all subcontractors. The FUNDS RECIPIENT shall ensure that all subcontractors comply with Article 10, Access/Examination of Records and all other provisions required by this Interlocal Agreement. The NCTCOG reserves the right to perform an independent audit of all subcontractors. Funds provided by the NCTCOG pursuant to this Interlocal Agreement that are paid to the subcontractor shall be used by the subcontractor solely to satisfy the purposes of this Interlocal Agreement. Article 24. Supplemental Funding Standards In addition to the standards set forth in applicable laws and regulations, the standards outlined below apply to all uses of the funds provided under this Interlocal Agreement including the implementation projects awarded funds by the FUNDS RECIPIENT. Unless authorization is otherwise specifically provided for in or under the terms of this Interlocal Agreement, the use of funds provided under this Interlocal Agreement, to include funds provided for pass-through grants, shall be in accordance with the supplemental funding standards set forth in this Article. Payment of Fees. Local and regional political subdivisions subject to the payment of state solid waste disposal fees and whose payments are in arrears are not eligible to receive grant funding. Land Acquisition Costs. Funds provided under this Interlocal Agreement may not be used to acquire land or an interest in land. Municipal Solid Waste-Related Programs Only. Funds provided under this Interlocal Agreement may not be used for programs dealing with wastes that are not considered municipal solid waste (MSW), including programs dealing with industrial or hazardous wastes. Programs Solely Related to Collection of Certain Wastes. Funds provided under this Interlocal Agreement may not be used for programs and activities solely related to the management of automotive wastes, to include: scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other similar wastes excluded from disposal in MSW landfills. Funds may also not be used for the processing of scrap tires, such as through the purchase of equipment to shred or split the tires. However, the collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program, so long as that is not the sole intent of the program. 34 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Activities Related to the Disposal of Municipal Solid Waste. Except as may be specifically authorized under an eligible project category, funds provided under this Interlocal Agreement may not be used for activities related to the disposal of municipal solid waste. This restriction includes solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste that is to be disposed of; any landfill-related facilities or activities. This also includes the closure and post-closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. This provision does not apply to activities specifically included under an authorized project category, to include landfill scales, citizens' collection stations, and small registered transfer stations. Projects Requiring a TCEQ Permit. Funds may not be used for expenses related to projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, and other facilities. This provision, however, may be waived by the TCEQ, at its discretion, for otherwise eligible activities to be located at a closed permitted facility and/or for recycling activities that will take place within the boundaries of an open facility. Recycling activities that may qualify for such a waiver may include recyclables collection, composting, and land application of bio-solids for beneficial use. The applicant and/or the FUNDS RECIPIENT should request a preliminary determination from the TCEQ as to the eligibility of the project prior to consideration for funding. Projects Requiring TCEQ Registration. Projects or facilities that require registration from the TCEQ, and which are otherwise eligible for funding, may be funded. However, the registration for the facility must be finally received before that project can be selected for funding. Projects that Create a Competitive Advantage Over Private Industry. In accordance with §361.014(b) of the Texas Health and Safety Code, a project or service funded under this Interlocal Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non- profit entities. Supplanting Existing Funds. Funds provided under this Interlocal Agreement may not be used to supplant existing funds. In particular, staff positions where the functions assigned to that position will remain the same and that were active at the time of the project application, and were funded from a source other than a previous solid waste project, are not eligible for project funding. This provision does not apply to the salaries for staff of the FUNDS RECIPIENT in its conduct of activities under this I nterlocal Agreement. Food/Entertainment Expenses. Funds provided under this Interlocal Agreement may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. Use of Alcoholic Beverages. Funds provided under this Interlocal Agreement may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. None of these funds may be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. Funds to Law Enforcement Agencies. Funds provided under this Interlocal Agreement may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas Government Code, unless the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Government Code, or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 35 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Article 26. Americans With Disabilities Act Requirements The FUNDS RECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101- 12213 (Pamph. 1995). Article 27. Employment Practices The FUNDS RECIPIENT agrees that in the performance of this Interlocal Agreement, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitle "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The FUND RECIPIENT assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Interlocal Agreement. Article 28. Statutes Relating to Nondiscrimination The FUNDS RECIPIENT shall comply with all applicable state and federal statutes relating to nondiscrimination that include, but are not limited to, those listed in the Uniform Grant Management Standards. Article 29. Utilization of Small, Minority, and Women's Business Enterprises The FUNDS RECIPIENT agrees that qualified Historically Underutilized Businesses shall have the maximum practicable opportunity to participate in the performance of this Interlocal Agreement. Article 30. Safety and Protection Where applicable, the FUNDS RECIPIENT shall be responsible for maintaining and supervising all necessary safety precautions and programs in connection with the work/services performed under this Interlocal Agreement. Article 31. Energy Efficiency Standards The FUNDS RECIPIENT is encouraged to follow standards and policies on energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P. L. 94-163). Article 32. Force Majeure A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Provided this Interlocal Agreement is still in force, and subject to the conditions below, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: • the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and 36 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program • the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within a reasonable time after commencement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the timetable by which the FUNDS RECIPIENT intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. The NCTCOG shall be responsible for costs related to a force majeure event, only if they are incurred by the FUNDS RECIPIENT after the prior written request by the NCTCOG Project Representative, to incur such costs. Neither NCTCOG nor the FUNDS RECIPIENT shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force majeure events. Article 33. Termination of Interlocal Agreement This Interlocal Agreement shall terminate upon full performance of all requirements contained herein, unless this Interlocal Agreement is amended in writing. This agreement may be terminated in whole or in part in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Interlocal Agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given: • Not less than ten (10) days written notice (delivered by certified main, return receipt requested) of intent to terminate; and an opportunity for consultation with the terminating party prior to termination. • This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its convenience, provided that the FUNDS RECIPIENT is given not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate. Circumstances in which NCTCOG may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project or the FUNDS RECIPIENT'S continued or repeated failure to perform tasks and submit reports in a complete, correct and consistent manner. • If termination for default of this Article, or for reduction or loss of Legislative appropriations of this Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made, but: no amount shall be allowed for anticipated profit on unperformed services, tasks or other work; and • Any payment due the FUNDS RECIPIENT at the time of termination may be adjusted to the extent of any reasonable additional costs incurred by NCTCOG by reason of THE FUNDS RECIPIENT'S default. The equitable adjustment for any termination shall provide for payment to the FUNDS RECIPIENT for services rendered and expenses incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination, in addition to termination settlement costs reasonably incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination. 37 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Upon receipt of a termination notice the FUNDS RECIPIENT shall promptly discontinue all services affected (unless the notice directs otherwise); and deliver or otherwise make available to NCTCOG all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the FUNDS RECIPIENT in performing this Interlocal Agreement, whether completed or in progress. Upon termination of this Interlocal Agreement, the NCTCOG may take over the work and prosecute the same to completion by agreement with another party or otherwise. If, after termination for failure of the FUNDS RECIPIENT to fulfill its contractual obligations, it is determined that the FUNDS RECIPIENT had not so failed, the termination shall be deemed to have been effected for the convenience of the NCTCOG. If any delay or failure of performance is attributed to an event as defined in Force Majeure, the FUNDS RECIPIENT may in its sole discretion terminate this Interlocal Agreement in whole or in part. If such termination is effected, an equitable adjustment shall be made in accordance with this Article. 38 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program DEFINITIONS Wherever used in this Interlocal Agreement, the following terms have the meaning indicated which are applicable to both the singular and plural thereof. This list is not meant to be inclusive nor exclusive of all pertinent grant definitions: Accrued expenditures: The charges incurred by the grantee during a given period requiring the provisions of funds for: (1) Goods and other tangible property received; (2) services performed by employees, contractors, subcontractors, and other payees, and (3) other amounts becoming owed under programs for which no current services or performance is required, such as annuities, insurance claims, and other business payments. Accrued income: The sum of(1) earnings during a given period from services performed by the grantee and goods and other tangible property deliverable to purchasers; and (2) amounts becoming owed to the grantee for which no current services or performance is required by the grantee. Acquisition cost: For equipment purchases, means the net invoice unit price of the property including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make that property usable for the purpose for which it was acquired. Other charges such as the cost of installation, transportation, taxes, duty or protective in-transit insurance shall be included or excluded from the unit acquisition cost in accordance with the grantee's regular accounting practices. Addenda: Written or graphic instruments issued prior to the execution of the Agreement which clarify, correct or change the Proposal Requirements or the Agreement. Administrative requirements: Those matters common to grants in general, such as financial management, kinds and frequency of reports, and retention of records. These are distinguished from "programmatic" requirements, which concern matters that can be treated only on a program-by- program or grant-by-grant basis, such as kinds of activities that can be supported by grants under a particular program. Cash contribution: The FUNDS RECIPIENT'S cash outlay, including the outlay of money contributed to the FUNDS RECIPIENT by other public agencies and institutions, and private legislation, federal funds received from other assistance Agreement may be considered as FUNDS RECIPIENT cash contributions. Common rule: Part III of the Uniform Grant Management Standards, which were promulgated by the Texas Governor's Office of Budget and Planning pursuant to the Uniform Grant Conditions and Management Act, Texas Government Code Chapter 783. Contract Documents: The Interlocal Agreement and the documents that are described in and incorporated into the Interlocal Agreement. Together, the Contract Documents form the contract between the parties. Contract Price: The moneys payable by the NCTCOG to the FUNDS RECIPIENT for completion of the work in accordance with the Contract Documents as stated in the Interlocal Agreement (subject to the provisions included in the Interlocal Agreement). Contract Times: The number of days or dates stated in the Interlocal Agreement to complete the work so that it is ready for final payment. 39 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Cost sharing or matching: The value of the third party in-kind contributions and the portion of the costs of a State assisted project or program not borne by the State. Cost-type Contract: A contract or subcontract under a grant in which the FUNDS RECIPIENT or subcontractor is paid on the basis of the costs it incurs, with or without a fee. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. A FUNDS RECIPIENT may use its own definition of equipment provided that such definition would include all equipment defined above. Expiration Date of the Interlocal Agreement: The date indicated in the Interlocal Agreement as the date that the Interlocal Agreement terminates (end date of the Interlocal Agreement). Financial Completion: In the opinion of the Funding Agency (NCTCOG and TCEQ), the work as outlined in the Interlocal Agreement is complete. Funding Agency: The Texas Commission on Environmental Quality through the North Central Texas Council of Governments. Government: A Federal or State agency or a local government. Historically Underutilized Business (HUB): As defined by Texas law and delineated in the State Purchasing and General Services Act, as amended September 1, 1995, a historically underutilized business as a corporation or a partnership in which fifty-one percent (51%) or more of the corporation's stock (or other equitable securities) or partnership's assets and interest are owned by one or more socially disadvantaged persons, who have a proportionate interest and actively participates in the corporation or partnership control, operation, and management. If the business is a sole proprietorship, the socially disadvantaged person must completely own, operate and control the business. Socially disadvantaged persons include members of certain groups including African Americans, Hispanic Americans, American Women, Asian Pacific Americans, and Native Americans. Intellectual Property: (1) any and all inventories, discoveries, improvements, or creations for which copyright, trade secret, patent or other proprietary rights may be acquired, (2) any photographs, graphic designs, plans, drawings, specifications, computer programs, computer files, documentation, technical reports, operating manuals, or other copyrightable materials, and (3) any other work fixed in any tangible medium of expression which can be perceived, reproduced, or otherwise communicated for which copyright, trade secret, patent or other proprietary rights may be acquired. Intellectual Property Rights: Patents, trademarks, trade secret rights, confidential information rights or any other proprietary rights to which a person may be entitled or may actually possess. Intellectual Property Rights include all rights of ownership and original authorship throughout the world. Interlocal Agreement: The "NCTCOG Interlocal Agreement" which contains the salient terms of the Agreement between the FUNDS RECIPIENT and the NCTCOG and covers the work to be performed; also describes and includes any additional agreement documents which may be attached to the Interlocal Agreement and made a part thereof as provided therein. Laws and Regulations: Any and all applicable laws, rules, regulations, ordinances, codes and other orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. Liens: Charges, security interests, liens or encumbrances upon real property or personal property. 40 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Local government: Local and regional political subdivisions located within the State of Texas. The meaning is broaden to include eligible recipients of solid waste pass-through grant funds: Cities; Counties; Public Schools and School Districts (excluding Universities or post secondary educational institutions); Other general and special law districts created in accordance with State law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. Minor Change: A written document which provides for minor changes in the work to be performed under the Interlocal Agreement, but does not involve a changed in the contract price or the contract times. Obligations: The amount of orders placed, contracts and sub-grants awarded, goods and services rendered, and similar transactions during a given period that will require payment by the grantee during the same or a future period. Outlay(expenditures): Charges made to the project or program. Outlays may be reported on a cash or accruals basis. For reports prepared on a cash basis, outlays are the sum of actual cash disbursement for direct charges for goods and services, the amount of indirect expense incurred, the value of in-kind contributions applied, and the amount of cash advances and payments made to FUNDS RECIPIENT. For reports prepared on an accrued expenditure basis, outlays are the sums of actual cash disbursements, the amount of indirect expense incurred, the value of in-kind contributions applied, and the net increase (or decrease) in the amounts owed by the grantee for goods and other property received, for services performed by employees, contractors, subcontractors, and other payees, and other amounts becoming owed under programs for which no current services or performance are required, such as annuities, insurance claims, and other benefit payments. Percentage of completion method: A system under which payments are made for work according to the percentage of the completed work, rather than to the FUNDS RECIPIENT 's cost incurred. Prior Approval: Documentation evidencing consent prior to incurring specific costs. Project: The total body of services rendered of which the work to be provided under the Interlocal Agreement may be the whole, or a part as indicated elsewhere in the Interlocal Agreement. Project Representative: The individual who is authorized to execute the work program identified in the Interlocal Agreement. This individual must be an employee of the grant recipient and may or may not have contractual authority. Real Property: Land, including land improvements, structures and appurtenances thereto, excluding moveable machinery and equipment. Share: When referring to the TCEQ's portion of real property, equipment or supplies, means the same percentage as the TCEQ's portion of the acquiring party's total costs under the grant to which the acquisition cost of the property was charged. Only costs are to be counted, not the value of the third-party in-kind contributions. Standards: The Uniform Grant Management Standards. State: The State of Texas. 41 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Subcontractor: An individual, firm, corporation or local government having a direct contract with the FUNDS RECIPIENT or with any other subcontractor for the performance of a part of the work identified in the Interlocal Agreement. Supplies: Generally relates to the routine purchase of office supplies (paper, pencils, staples, etc.) or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. Suspension: (1) temporary withdrawal of the authority to obligate project funds pending corrective action by the FUNDS RECIPIENT, or sub-grantee or a decision to terminate the grant, or (2) an action taken by a FUNDING AGENCY official in accordance with the Interlocal Agreement, State or Federal law, or Regulations to immediately exclude a person from participating in grant transactions for a period, pending completion of an investigation and such legal or debarment proceedings as may ensue. Termination: Permanent withdrawal of the authority to obligate previously-awarded project funds before that authority would otherwise expire. It also means the voluntary relinquishment of that authority by the FUNDS RECIPIENT or sub-grantee. "Termination" does not include (1) withdrawal of funds awarded on the basis of the FUND RECIPIENT'S underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expiration of a grant; (3) refusal to extend a grant or award additional funds to make a competing or noncompeting continuation, renewal, extension or supplemental award; or(4) voiding of a grant upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from inception. Unliquidated Obligations: For reports prepared on a cash basis, means the amount of obligations incurred by the FUNDS RECIPIENT that has not been paid. Reports prepared on an accrued expenditure basis represent the amount of obligations incurred by the FUNDS RECIPIENT for which an outlay has not been recorded. Unobligated Balance: The portion of the funds authorized by the FUNDING AGENCY that has not been obligated by the FUNDS RECIPIENT, and is determined by deducting the cumulative obligation from the cumulative funds authorized. Work: The entire completed services or the various separately identifiable parts thereof required to be furnished under this Interlocal Agreement. Work includes and is the result of performing or furnishing labor, services, materials or equipment as required by the Interlocal Agreement. 42 Grant Project Number 10-04-G12 City of Wylie Curbside Recycling Incentive Program Appendices (Each form is not required for every project. Please use only those forms that are applicable to your specific grant.) I. SUMMARY/RESULTS REPORT OF IMPLEMENTATION PROJECT • STATUS OF COMPLETION OF WORK TASKS • PROJECT RESULTS REPORT FORM 10a: LOCAL ENFORCEMENT • FORM 10b: LITTER/ILLEGAL DUMPING CLEANUP AND COMMUNITY COLLECTION EVENTS FORM 10c: SOURCE REDUCTION/RECYCLING FORM 10d: LOCAL SOLID WASTE MANAGEMENT PLANS FORM 10e: CITIZENS COLLECTION STATIONS, SMALL REGISTERED TRANSFER STATIONS FORM 10f: HOUSEHOLD HAZARDOUS WASTE FORM 10g: TECHNICAL STUDIES FORM 10h: EDUCATIONAL AND TRAINING PROJECTS II. REIMBURSEMENT FORMS (Form PT-F 2 plus Supplemental Forms) • Request for Reimbursement Form and Supplemental Reimbursement Forms PT-F2 Summary of Pass-Through Project Expenditures F2-A Itemization of Personnel/Salaries and Travel budget categories F2-B Itemization of Equipment and Contractual Costs F2-C Itemization of Construction Budget category F2-D Itemization of Supplies and the Other Expenditures F2-E Itemization of In-kind Services and/or Cash Contributions III. REQUEST FOR BUDGET REVISION FORM IV. EXAMPLE of RELEASE OF CLAIMS These forms are located at the following website: htt ://www.nctco .or /envir/SEELT/fundin /re ort forms.as 43 Wylie City Council 7 C ITY OF W L AGENDA REPORT Meeting Date: January 26,2010 Item Number: C Department: Public Services (City Secretary's Use Only) $150,000,Revenue 100-4000-43425 Prepared By: Mike Sferra Account Code: $150,000,Expense 100-5511-56040 $150,000 in Revenues Date Prepared: December 22, 2009 Budgeted Amount: $150,000 in Expenses Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2010-02 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of$150,000 in the Parks General Fund budget for a North Central Texas Council of Governments Solid Waste Implementation grant project; adding $150,000 to the Solid Waste Implementation Grant account revenues to reflect reimbursements made by the North Central Texas Council'of Governments; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2010-02 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of$150,000 in the Parks General Fund budget for a North Central Texas Council of Governments Solid Waste Implementation grant project; adding $150,000 to the Solid Waste Implementation Grant account revenues to reflect reimbursements made by the North Central Texas Council of Governments; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion In previous Council action occurring on October 13, 2009, the City Council approved Resolution 2009-26(R) authorizing submittal of a grant application for a North Central Texas Council of Governments (NCTCOG) Solid.Waste Implementation grant project. In'December 2009, the City was awarded $150,000 in funds from the NCTCOG, and on January 26, 2010, the Council passed Resolution 2010-05(R) approving an interlocal agreement with the NCTCOG to proceed with the project. Because of the uncertainty of the potential amount of the grant award, these expenditures and revenues were not included as part of the 2009-2010 budget. When staff researched this project and determined that radio-frequency identification technology was suited to this application, it contacted Texas Instruments for a list of potential suppliers in the area that could provide all components necessary for a fully operational system. Staff contacted several vendors via telephone and personally met with two vendors. Based upon their previous successful performance with a Waste Collection Tracking System (WCTS), only one vendor, Rojan Bioactives, was able to provide a cost estimate which was used as a basis for the grant application. From staff's research, no other vendor currently has the capability to weigh each recycling cart; instead, the entire truckload is weighed. Rojan has a proven four-year track record Page 1of2 ' Page 2 of 2 with WCTS in Australia. The City's Purchasing Agent reviewed the documentation provided by Rojan Bioactives and concluded procuring the equipment and technical support from them qualifies as a "sole source" purchase that is exempt from competitive bidding. Chapter 252 of the local government code lists several exemptions from the competitive bidding requirements, one of which is the purchase of items that are available from only one source. Rojan Bioactives appears to be the only vendor that can provide a fully operational system that is in current use which includes all of the integrated components necessary to perform the desired functions (therefore, a"sole source"). As expenditures are made throughout the course of this project, staff will submit reimbursement requests to the NCTCOG totaling$150,000. The grant application specifies that the award would be used for the purchase of equipment, installation, and technical support to measure and track individual recycling rates with radio- frequency identification technology. The program is intended to increase recycling program awareness and will offer incentives for increased participation in the City's residential recycling services. Approved By Initial Date Department Director MS 12-22-09 t � City Manager )I'i 1 ORDINANCE NO. 2010-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2009-26 (2009-2010 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $150,000.00 IN THE PARKS GENERAL FUND BUDGET FOR A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS SOLID WASTE IMPLEMENTATION GRANT PROJECT AND DEPOSIT OF $150,000.00 INTO THE SOLID WASTE IMPLEMENTATION GRANT ACCOUNT; 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 ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2009-26 (2009-2010 Budget) for the purpose of implementing a North Central Texas Council of Governments Solid Waste Implementation Grant project in the City of Wylie ("Project"); WHEREAS, the City Council entered into an Interlocal Agreement with North Central Texas Council of Governments for the North Central Texas Council of Governments Solid Waste Implementation Grant project (Resolution No. 2010-05(R)) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Project is One Hundred Fifty Thousand Dollars and No/100 ($150,000.00); and WHEREAS, the Interlocal Agreement provides that North Central Texas Council of Governments shall reimburse the City for the costs of the Project, with a total investment made by North Central Texas Council of Governments not to exceed One Hundred Fifty Thousand Dollars and No/100 ($150,000.00). 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. 2009-26 (2009-2010 Budget). Ordinance No. 2009-26 (2009-2010 Budget) is hereby amended to allow for the following appropriation: One Hundred Fifty Thousand Dollars and No/100 ($150,000.00) paid by North Central Texas Council of Governments as a reimbursement shall be deposited into Revenue Account 100-4000-43425 (Solid Waste Implementation Grant Account); and Ordinance No. 2010-02 Amending 2009-10 Budget(Ordinance No. 2009-26) NCTCOG Grant Page 1 565407.v1 One Hundred Fifty Thousand Dollars and No/100 (5150,000.00) shall be appropriated to Expense Account 100-5511-56040 of the Park General Fund Budget. 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. 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 this the 26th day of January, 2010. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2010-02 Amending 2009-10 Budget(Ordinance No. 2009-26) NCTCOG Grant Page 2 565407.v1 7Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 26, 2010 Item Number: D Department: Engineering (City secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: January 18,2010 Budgeted Amount: N/A Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2010-06(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the construction of improvements to the Nortex Pump Station. Recommendation Motion to approve Resolution No. 2010-06(R) determining a public necessity to acquire, by purchase or condemnation,certain properties for the construction of improvements to the Nortex Pump Station. Discussion A construction contract was awarded to Preload, Inc. for the construction of a new 1.5 million gallon ground storage tank. Approximately 0.4995 acres of additional property is needed for the construction and maintenance of the new tank as shown on the attached site plan. The property owner has executed a right of entry (attached) giving the contractor access to the property until the purchase is completed. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the right of way and execute the necessary documents. Funds from the water impact fees will be used for the property purchase. Approved By Initial Date Department Director CH 01/18/10 City Manager (lit I 1,1, 3 } Pagel oft RESOLUTION NO. 2010-06(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY FOR THE FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO THE NORTEX PUMP STATION; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE NORTEX PUMP STATION; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTY, BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, of property on each of the parcels described in Exhibit A attached hereto and made a part of this Resolution for all purposes (the "Property"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary property for the purpose of, among other things, the construction, access, repair and maintenance of public facilities, specifically, the property for the construction of and/or improvements to the Nortex Pump Station (hereinafter referred to as the "Project") for the purposes of, among other things, a water storage tank. WHEREAS, it is necessary to establish procedures for deteiiuining the establishment and approval of just compensation for the property to be acquired for the Project. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the Property, and it is Wylie's intent to acquire, by purchase or condemnation, the Property described in Exhibit A attached hereto, for the Project. SECTION 3: Authority of the City Manager. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquiring the Properties for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional Resolution No. 2010-06(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 1 509203-1 appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the Properties made the subject of this Resolution. SECTION 4: Determination of Just Compensation. The City Manager, or her designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, in establishing and approving the fair market value offer and the just compensation for said property. After consideration of said infotination, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the property. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Property, the City Manager, or her designee, is authorized to send a written offer to the owner(s) of said Property, along with a copy of the Landowner's Bill of Rights, for acquisition of said property at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the property acquired in connection with this Project, should they interfere with use and enjoyment of the property. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the property for the construction of and/or improvements to the Nortex Pump Station, will be appropriated from the Water Impact Fees. SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire the property by purchasing same, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation proceedings for the acquisition of the property for the Project. SECTION 10: Effective Date. This Resolution shall take effect immediately from and after its passage. Resolution No.2010-06(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 2 509203-1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 261h day of January, 2010. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. City Attorneys Resolution No. 2010-06(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 3 509203-1 March 19, 2008 CITY OF WYLIE FIELD NOTE DESCRIPTION FOR NORTEX PUMP STATION PROPERTY WYLIE NURSERY GROUP, LP BEING a parcel of land for the Nortex Pump Station Property and being over, under and across a tract of land described as 51.347-acres situated in the E. C. Davidson Survey, Abstract No. 266, in Collin County, Texas, conveyed to Wylie Nursery Group LP, by deeds now of record in Instruments 20061728001065140, 20061728001065150 and 20061728001065160 of the Deed Records of Collin County, Texas, said parcel of land being described as follows: The bearings sited in this field note description are based on Texas State Plane Coordinates, NAD 83. A Property Plat of even date herewith accompanies this Field Note Description. BEGINNING at 1/2-inch iron rod with a yellow cap marked "BHC" set at the southeast corner of a tract of land conveyed to the City of Wylie for the Nortex Pump Station out of said 51.347-acre Wylie Nursery Group LP tract, by a deed now of record in Volume 2001, Page 34 of the Deed Records of Collin County, Texas, said 1/2-inch iron rod being on an interior northeast corner of said Wylie Nursery Group LP tract and on the west line of Phase 1 of the Westgate Subdivision now of record in Cabinet H, Drawer 774 of the Plat Records of Collin County, Texas, said 1/2-inch iron rod bears N 02° 09' 09" E, a distance of 266.25 feet from a 5/8-inch iron rod found at the southeast corner of said Wylie Nursery Group LP tract and in the west line of said Phase 1 of the Westgate Subdivision of the Plat Records of Collin County, Texas, said 1/2-inch iron rod also bears S 02° 13' 34" W, a distance of 326.79 feet from a disturbed concrete monument found near the northeast corner of said City of Wylie Nortex Pump Station tract and near the intersection of the east line of said Wylie Nursery Group LP tract and the southeast line of a permanent easement dedicated to the North Texas Municipal Water District(60 feet wide) by a deed now of record in Volume 730, Page 446 of the Deed Records of Collin County, Texas; THENCE S 02° 09'09" W, along the east property line of said Wylie Nursery Group LP tract and the west property line of Phase I of the Westgate Subdivision, a distance of 81.14 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC"; THENCE N 87° 50' 51" W, being parallel with the south property line of said City of Wylie Nortex Pump Station tract and an interior north property line of said Wylie Nursery Group LP tract, a distance of 162.28 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BEIC"; THENCE N 02° 09' 09" E, being parallel with the west property line of said City of Wylie Nortex Pump Station tract and an interior east property line of said Wylie Nursery Group LP tract, a distance of 348.10 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said 1/2- inch iron rod being on the southeast line of said permanent North Texas Municipal Water District easement; THENCE N 71° 57' 42" E, along the southeast line of said permanent North Texas Municipal Water District easement, a distance of 33.56 feet to a point for corner being a 1/2-inch iron rod found at the northwest corner of said City of Wylie Nortex Pump Station tract and an interior northwest corner of said Wylie Nursery Group LP tract; THENCE S 02° 09' 09" W, along the west property line of said City of Wylie Nortex Pump Station tract and an interior east property line of said Wylie Nursery Group LP tract, a distance of 278.54 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said 1/2-inch iron rod being on the southwest corner of said City of Wylie Nortex Pump Station tract and an interior corner of said Wylie Nursery Group LP tract; j:clericarw4ylie,2006.121 nonex ontield noteswelienuncry,doc Page 1 of 2 City of Wylie March I 9, 2008 Nortex Pump Station Property Field Note Description THENCE S 87° 50' 51" E, along the south property line of said City of Wylie Nortex Pump Station tract and an interior north property line of said Wylie Nursery Group LP tract, a distance of 130.78 feet to the POINT OF BEGINNING, containing 0.4995-acres (21,759 s.f.), more or less; e.OFN• \ oto:Asit%itsi . • Gay currOtHEN0f9SA. 5073 _Are, .°47r:MT:k it3h4 Date: $34)e) 8 ,‘cletical'AvylieV2006-12 I norm),pamld nom wylienursery doc Page 2 of 2 E.C. DAVIDSON SURVEY ----"' .- -'' ABSTRACT NO. 266 I /'--- NTMWD �� "' 1 i� MWD ..- -''-'--- CONC. MON. CONC. MON. ,--�'" I (DISTURB EXISTING NTMWD N 715T'42" E I 60' EASEMENT ,' 33.56 1/2 ' . I.R.F. VOL 730, PG. 446 ,-- -�--' I.R.S. "r EXISTING " CITY OF WYLIE WESTGATE SUBDIVISION 0. PHASE 3 C R 20 EASEMENT CABINET K, DRAWER 727 0 100 200 ! -.-�'' I VOL. 2059, PG. 949 P.R.C.C.T. .- d� y, CITY OF I o Q `r' WYLIE —— —--- --_ HORIZONTAL SCALE IN FEET VOL. 2001 C N "� Il£ �' PG. 3 T - 03 R WESTGATE SUBDIVISION �, I 3 D.R.C.C.T. PHASE 1 CO I 4, * w CABINET H, DRAWER 774 i ov, 4 R�t-',= P.R.C.C.T. . C 04 4 z . N I POINT OF ' -- � tv I�I INNIN� ALL I.R.S. WILL BE A S 8T50'57" E (I) 1/2—INCH IRON ROD WITH A N T1157547.6452 YELLOW CAP MARKED 't3HG" J �- Y 13a 78 E 2564690..2158 I THE BEARINGS AND COORDINATES i I.R.S. ON THIS PLAT ARE BASED ON ACRES 0.4995 TEXAS STATE PLANE COORDINATES. —— 21759 S.F..t -T �� -*------.,,� . " . S 2 t?9 C79 EA FIELD NOTE VEN DATE HEREWITH OF PROPERTY LOCATION ,a in 81.14 N 8750 51 W ACCOMPANIES THIS PLAT. 1 let1000 z ? '��''' DATE SURVEYED: MARCH 15, 2006 xI.R.S. I.R.S.1s2.28 , `" ,��4Q` 6 7 DATE SURVEYED: MARCH 15, 2006 x I.R.S. (c4 t` 64)Fi WYLIE NURSERY GROUP LP IDw .%N CITY { F WYLIE TEXAS 03 INS1RUMENTS 20061728001065140, I z. -+«.+.....:... P 20061728001065150, 2006172800165160 I LI 0 0 1"9�NI 0RICKS �` D.R.C.C.T. p 0 5r3 �;� NORTEX PUMPPRt�PEARTY PLAT IMPROVEMENTSTION R 5/8 I.R.F. c>= N ,y ,wq. ,r — z �`6..) ._. 1/2" I.R.F. .S`!�R RIRKHOFF, HENDR.ICKS&CONWAY,L.L.P. MARCH cr °` �}S CONSULTING ENGINEERS �� 1' 7502 GREENVILLE AVE.. #220 ARC 2008 DALLAS, TEXAS 75231 214-381-7900 PLOT SCALE 1:100 PLOT STYLE: 22X34.ctb PLOTTED BY: JYORK ON 3/19/2008 1N \ \\ \\ \ -- NUMBER LOCATION EXISTING ELEVATION LC.DAVIDSON SURVEY \ \\ \\ V o . 40 m PORNO 1 N 7057581.117$F 25645712J06 ELEV..514.45 AEISIR,T NO.266 IE 91901A1 SOME w 861 &540NC J N 7567580.2015 9 2564062.606J E2E4E 540.29 PROP.EROSJOV \`` -- WELK*MERE CROW,LP. FEAL1;WlRCK 0 1. M 7Q�557620A644 \ ,W �.1 EXEC,' 'T 7�LF. E 258153L.G7f7 11 ,,��ccii ��/ \\\ . `-'f54*t,' \\ 1 BENCHWORIC 7 74 11,2_ Y _� 1 fN: �� k'CUT 04 CONC.ALLEY 135 FL WEST E _^-._ ..... __ _l OF TORTGATE OR.AND 5'EAST OF NORM SITE EMRANCE. PROP_CLAW PRop.. !64 NTMN AlK 7057752.1377.E 2564705.6352 PROW. 18" N FENCE \\ 'LYdy W2654 LAVE Ek,.539.06 .AE"SLr 2 J48 LE 4f ---.-n< -. -.. _ -:.- _ -- -_-.- PPROP.O7WN r-Ex61w O G Ww LEW FEACE \\\ PROW CLAW _ 6 oRAR!LSE - —.� �:: Y� { \\\ 182 E.F.. £ - PROP PROPOSED _.. .__. .._.- CONCRETE E)aSIHG 14� _Tha - ..110-` 2 �R, 1 k r' �''/"- OG X. iN Z a' \s sx \ * \ . Ram ^'*. Frew. e' ,' ' II COY• WOEEXISM4 917SIWVJGM' 9Ean©E - N • \, }' Ems' ,01.+`+. =e Oi r OW VOL 20D1 PG 34 R + r'._ 3 "f 5558 'E, ll/ 0.R c.r. FOUNDATION ELEV. PE77fbY211E7! €75f4f7Y 7,}52 •s `§"1 J'AYb°'6Aij: CONFROCOR NTYR6 539A0 P EP'{Yt4 ` MONUMENT E DISTURBED Elf 24 . RRE,iVE e PERIMETER �.. s l CRUEL, OW 6'DO IE JO LF . MMN[AME °4 044 SPe' OmRN9 CE SPRECE O SW f s n * CAW c we sr%L : T__ i _-I OW NIMPr 41 \ SN gy YOR G6R NM�ion - - . r�ip_ i - caacrtElE , =- _ I UP_ w �iR 1t}' -- -- --- i E 2, {^^'''IM Sow CQr #t IwFENCC ,'28 Slw LY/r Siw C(!r ��E ��E x YM 4a 1000FN FENLEiz \ ca.c—r-- �- !Q LF 2 Lf. LE 28 LF.I 28 LE: SO cur ONES ORpIL RRN£ t .., ONA MEW i 92 Li: ' \� \\\ REM06£AND RfPLICE ORNE OWE(N.ORNSER Tlt 11 548 SY REINFORCED PDX PAC-C-T. f.dfCRE1£ALLEY if t MUSE I \ \\ \\ MUM HOME f-DIMENSIONS ARE PROVIDED FROM INSIDE 91.28 FT.DiAME7ER RESERIOIR ! PERPENDICULAR TO FENCE AND TO MODE WALL OF PROPOSED TAM'. \ 1PIKAff 3``'�TZT \ MOUSE \ `� `` # - CONTRACTOR SHALL REMOVE AND REPLACE DOSING FENCE ON SIXITN AND P4Q.c.T. f WEST EDGE OF SITE(NO sEPEra+rE PAY rrEM) -PROVIDE TEMPORARY 6 FT. C7WN LN✓K fENL'E FOR SECURITY Ar ENO OF EAGN WORKDAY(NO.SfPERETf PAY 77EMJ. —� -- CITY OF WYLIE,TEXAS 6,,c i ----- -- --------- BIRKHOFF,HENDRICKS&CONWAY,L.L.P. N"n N E°na"rsRRE nD w°AR q,R11UT'�ome'" NORTEX 1.5 M.G.GROUND STORAGE RESERVOIR PROJECTTNO ENLL1 NO PROFESSIONAL ENGINEERS I Texas Firm F326 RE PO OMUER -- 114I0 fkecariile Are,Cune6W A S tE�W PROPOSED SITE PLAN 56•161 tR 2c0 4 i[ DWI.,Te,u 75243(2U)341-7900 f *Y6EIt*/20/0S-MOO M.\Pn7,oIAI,NVO06121\Shoot*\200E121-0I.d, NOT air 11 PLO s1556 11,17.86 PLOWED St NORA W WORM. Dec 04 09 02:10p Chris and Lisa Black 9724296051 p.1 CITY OF - YLIF -.„ _. CITY OF WY LIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION.INDIVIDUAL.ETC. EVENT INFORMATION Name Wylie East High School Baseball Coach Andrews Location Community Park Baseball fields Address 3000 Wylie East Dr Wylie,Texas Date(s) February 5,2010 and February 6,2010 Phone No. 972-765-5916 Start Time 6:00 PM Fnday night Alternate Phone No, 972-429-3150 End Time 2:00isti Saturday,we might have more teams Lisa Contact Person Name Black Number of Individuals Vending Items 4 ke Lake Dr. Wylie Texas 75098 Target Audience Families Anticipated Number i at Phone No. 972-429-6051 Event -7406(cell) No. best Specific Items to be Sold Chris Emergency Contact Name Black Wylie East High School Spirit wear Rai ke Lake Dr. Wylie Texas ins Phone No_ 214-280-7306 one No. 972-429-6051 Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facii prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the heath and safety of customers. • • Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddie, sell or offer to sell any cold drinks, CM cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, ho section shalt not apply to any person, organizations. firms or corporations, or the agents of any person, or organization,firrn or corporation, or employees of any r recommended by the parks and recreation board and approved by the city bound to operate a concession or concessions for the sale of specified goods,wares,ar within the city park or recreation or community center facilities of the city. Wylie City Council CITY OF WYLIE AGENDA REPORT t,. Meeting Date: January 26, 2010 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 13, 2010 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Reports Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of November 30, 2009 and December 31, 2009. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for November 30, 2009 and December 31, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LV 01/13/10 City Manager Page 1 of 1 CITY��U~��� ���� ��y��U ��� U »�vU� �� U u_m�� MONTHLY FINANCIAL REPORT November%0. 2OOQ CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 YTDACTU&L GENERAL FUND REVENUE SUMMARY TAXES 18.108.502 18.108.502 378.388 -15.730.136 A FRANCHISE FEES 1.084.240 1.984.240 16.870 -1.987.570 LICENSES AND PERMITS 219.030 219.030 72.804 146.228 INTERGOVERNMENTAL REV. 808.287 808.287 39.812 '588.455 SERVICE FEES 2.232.032 2.232.032 337.159 1.894.873 FINES AND FORFEITURES 548.107 548.107 83.144 '484.983 INTEREST INCOME 81.000 61.000 5.071 '55.929 MISCELLANEOUS INCOME 187.046 187.948 20.042 -187.904 OTHER FINANCING SOURCES 455.000 455.000 O '455.000 TOTAL REVENUES 22.402'124 22'402'124 933'068 -21'468'056 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132.480 132.480 18.288 118.192 CITY MANAGER 784.440 784.440 112.214 '872.228 CITY SECRETARY 272.235 272.235 38.482 '233.773 CITY ATTORNEY 173.000 173.000 5.887 187.133 FINANCE 718.778 718.778 114.273 '802.505 FACILITIES 180.400 180.400 29.110 151.290 MUNICIPAL COURT 344.701 344.701 54.104 '290.597 HUMAN RESOURCES 195.700 195.700 28.280 -189.420 PURCHASING 113.518 113.518 19.116 '94.402 INFORMATION TECHNOLOGY 509.081 509.081 50.457 -458.824 POLICE 5.259.895 5.259.695 1.035.581 -4.224.114 FIRE 5.108.383 5.108.383 896.053 '4.213.330 ANIMAL CONTROL 257.983 257.083 39.740 '218.243 PLANNING 384.345 384.345 59.932 '324.413 BUILDING INSPECTION 702.588 702.588 107.420 '595.148 CODE ENFORCEMENT 194.800 194.800 23.401 171.199 STREETS 1.237.551 1.237.551 128.048 1.109.505 PARKS 1.385.405 1.385.405 185.412 1.199.903 RECREATION 232.440 232.440 2.513 '229.927 LIBRARY 838.282 838.282 142.487 '893.795 COMBINED SERVICES 4.038.087 4.038.087 339.570 '3.898.517 TOTAL EXPENDITURES 23'059,632 23'059'632 3.425'286 -19,634'346 REVENUEGOVERY(UNDER) EXPENDITURES -657`508 -657.508 -2'492.218 612.234 A. Property Tax Collections for FY09-1 0 as of November 30 are 2.9%, in comparison to FY08-09 for the same time period 2.3%. Also, there are Sales Tax payments for FYOA'1Owill begin 12/09. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,400,000 9,400,000 1,496,877 -7,903,123 INTEREST INCOME 30,000 30,000 5,975 -24,025 MISCELLANEOUS INCOME 30,000 30,000 6,696 -23,304 OTHER FINANCING SOURCES 1,500,000 1,500,000 0 -1,500,000 TOTAL REVENUES 10,960,000 10,960,000 1,509,548 -9,450,452 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 569,765 569,765 106,894 -462,871 UTILITIES-WATER 1,107,030 1,107,030 135,121 -971,909 CITY ENGINEER 489,070 489,070 53,174 -435,896 UTILITIES- SEWER 500,660 500,660 72,056 -428,604 UTILITY BILLING 566,017 566,017 72,568 -493,449 COMBINED SERVICES 7,561,582 7,561,582 964,316 -6,597,266 TOTAL EXPENDITURES 10,794,124 10,794,124 1,404,129 -9,389,995 REVENUES OVER/(UNDER) EXPENDITURES 165,876 165,876 105,419 -60,457 CITY��U�-^�' ���� ����'U U�� n ^�vn �� n �-n�- M0NTHLYF|NANCIALREPORT December 31. 2OO9 CURRENT YTD EXPECTED BUDGET YTDEXPECTEO YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 3009'2010 2009'3010 2009'2010 YTDACTU/\L GENERAL FUND REVENUE SUMMARY TAXES 16.108.502 16.108.502 8.097.050 '8.011.452 A FRANCHISE FEES 1.884.240 1.984.240 20.484 '1.883.748 LICENSES AND PERMITS 218.030 218.030 123.311 -95.719 INTERGOVERNMENTAL REV. 608.287 806.267 69.715 ~538.552 SERVICE FEES 2.232.032 2.232.032 496.823 '1.735.409 FINES AND FORFEITURES 548.107 548.107 87.802 '480.505 INTEREST INCOME 61.000 81.000 7.593 '53.407 MISCELLANEOUS INCOME 187.846 187.946 33.842 '154.004 OTHER FINANCING SOURCES 455.000 455.000 O '455.000 TOTAL REVENUES 23.402.124 22.402.134 8'936.330 '13.485.794 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132.480 132.480 28.146 '106.314 CITY MANAGER 784.440 784.440 188.454 '615.888 CITY SECRETARY 272.235 272.235 70.327 '201.908 CITY ATTORNEY 173.000 173.000 30.868 '142.834 FINANCE 716.778 716.778 208.840 '507.838 FACILITIES 180.400 180.400 55.334 '125.086 MUNICIPAL COURT 344.701 344.701 79.438 '265.265 HUMAN RESOURCES 195.700 185.700 44.828 '150.874 PURCHASING 113.518 113.518 28.818 '84.700 INFORMATION TECHNOLOGY 509.081 508.081 133.457 '375.824 POLICE 5.258.895 5.258.685 1.446.018 '3.812.777 FIRE 5.108.383 5.108.383 1.320.328 '3.788.055 ANIMAL CONTROL 257.883 257.883 61.310 '198.673 PLANNING 384.345 384.345 89.731 '294.814 BUILDING INSPECTION 702.568 702.568 184.668 '537.800 CODE ENFORCEMENT 194.800 184.600 38.887 '154.713 STREETS 1.237.551 1.237.551 281.831 '955.720 PARKS 1.385.405 1.385.405 329.827 '1.055.578 RECREATION 232.440 232.440 4.849 '227.491 LIBRARY 838.262 836.262 202.837 '633.425 COMBINED SERVICES 4.038.087 4.038.087 505.822 '3.532.265 TOTAL EXPENDITURES 23.059.832 23.059.632 5.294.112 47'765.520 REVENUES OVER/(UNDER) EXPENDITURES '657'508 '657.508 3.642.218 612.234 CITY OF WYLIE MONTHLY FINANCIAL REPORT December 31, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,400,000 9,400,000 2,175,135 -7,224,865 INTEREST INCOME 30,000 30,000 9,827 -20,173 MISCELLANEOUS INCOME 30,000 30,000 9,689 -20,311 OTHER FINANCING SOURCES 1,500,000 1,500,000 0 -1,500,000 TOTAL REVENUES 10,960,000 10,960,000 2,194,651 -8,765,349 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 569,765 569,765 150,398 -419,367 UTILITIES-WATER 1,107,030 1,107,030 216,829 -890,201 CITY ENGINEER 489,070 489,070 78,752 -410,318 UTILITIES-SEWER 500,660 500,660 111,391 -389,269 UTILITY BILLING 566,017 566,017 103,741 -462,276 COMBINED SERVICES 7,561,582 7,561,582 1,325,534 -6,236,048 TOTAL EXPENDITURES 10,794,124 10,794,124 1,986,645 -8,807,479 REVENUES OVERI(UNDER) EXPENDITURES 165,876 165,876 208,006 42,130 714/1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 26, 2010 Item Number: Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: January 11, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Wylie Economic Development Corporation 2009 Annual Report. Recommendation Motion to accept, and place on file the Wylie Economic Development Corporation 2009 Annual Report. Discussion As per the WEDC By-laws, each year by January 31st, the WEDC must present to the Wylie City Council its Annual Report. The report must include, but is not limited to, a review of all expenditures made by the Board, a review of accomplishments, and a review of other than direct economic development. Staff believes the attached report meets the intent of the requirements of the By-laws. The report is attached for your review. Approved By Initial Date Department Director SS 01/11/10 City Manager '0 Page 1 of 1 Wylie Economic Development Corporation 2009 Annual Report January 19, 2010 Financial Condition The Wylie Economic Development Corporation (WEDC) continues to make financial reporting and accountability a priority. While the 2009 audit is not complete at this time, meetings with the new auditors (Weaver & Tidwell, LLP) have not revealed any reporting deficiencies or recommended changes to existing accounting practices. For the ninth consecutive fiscal year, WEDC sales tax receipts have increased over prior year figures. Up 0.36% over 2008, 2009 sales tax receipts reached $1,298,336. This modest gain marks the first year since 2004 that Wylie did not see double digit growth in sales tax receipts. Additionally, the first month of the current fiscal year resulted in a decrease in receipts of 10.5%. This single month would typically not be of great concern in and of itself. However, the last nine months of FY 2008 — 2009 saw a median decrease of 2.6%. Combined with the fact that November and December receipts included sales tax generated from Target, staff believes that sales tax receipts should be monitored closely in FY 2009 — 2010 as their continued decline could impact the current year budget. Of the $1,298,336 in sales tax revenue (on an accrual basis), the WEDC expended $152,141 on grants and engineering services directly attributed to incentive packages, $171,842 on the purchase of real property, $232,271 on personnel services, $75,104 on marketing and promotion, $64,197 on special services (property taxes on rental property and mowing), and $274,485 on debt service. The WEDC also had $49,964 in interest earnings and income from the lease of WEDC facilities. Finally, the WEDC ended the FY 2008 - 2009 year with a $713,993 fund balance. In FY 2009 — 2010, the WEDC is contractually obligated to fund $524,000 in direct incentive programs in addition to sales tax rebate programs for infrastructure improvements executed with Greenway Investments and Direct Development. $131,000 of the above figure is an estimate and directly impacted by retail sales within the Direct and Greenway centers. The WEDC currently owns 29.47 acres of property with a cost basis of$2,811,424. WEDC debt service, associated primarily with the purchase of the above property, has a principal balance as of November 30, 2009 of$1,167,011. Redevelopment In 2009, the WEDC added to its redevelopment focus by purchasing a property on F.M. 544. Adjacent to a previously purchased 1 acre site located on the south side of F.M. 544 between Hooper and Regency, a 0.44 acre tract was purchased. The importance of this purchase was to acquire a building constructed in the 1980's which will eventually be demolished, gain control of a mutual access easement impacting both properties, and increase the depth of the WEDC site to match that of adjoining properties. Of the properties acquired for redevelopment, the WEDC now owns four properties on Industrial Court (1.5 acres), five properties on Cooper Drive (2.21 acres), and two properties on F.M. 544 - 2 - (1.44 acres). The WEDC has also targeted for redevelopment a property within Regency Business Park which is anticipated to close in 2010. This accumulation of properties on Industrial Court, Cooper Drive, and F.M. 544 is a public effort to transition the above targeted areas from industrial to a more aesthetically pleasing and higher valued commercial/retail use. The WEDC had viewed the properties on Cooper and Industrial to have a project life of 5 — 7 years. However based upon the current economic environment and its direct impact on retail development, redevelopment efforts may be pushed out to 7— 10 years. In 2010 the WEDC will continue to evaluate opportunities to purchase additional properties within the Cooper Drive and Industrial Court redevelopment areas. Price and location relating to existing WEDC properties will be the driving factor in additional land purchases for redevelopment. Retail Activity In July 2009, Super Target opened 186,000 square feet to anchor the 575,000 square foot Woodbridge Crossing. Direct Development also started construction of lease space totaling 35,000 square feet. Certificates of Completion for the shells are anticipated no later than December 31, 2009, The attraction of junior anchors and the sale of pad sites within Woodbridge Crossing has been significantly impacted by the current economic environment. A junior anchor is slated to close on a site in March 2010 with a proposed store opening in 2011. The importance of this opening cannot be emphasized enough. Also in 2009 the Wylie City Council and WEDC Board of Directors amended the Direct Development Performance Agreements and Retail Development Agreements. While certain performance measures were altered and extended, an automatic 50% reduction in sales tax reimbursements was instituted in the event a default occurs during the life of the Agreements. WEDC and City of Wylie representatives will continue to make attendance at the International Council of Shopping Centers Conference a priority. While it is unlikely that Wylie will attract new investors for `center' development in 2009 based upon the current economic climate, the WEDC will be available to Direct Development for meetings with anchors and be seeking out end users for other retail properties in Wylie. Industrial/Commercial Activity Projects undertaken/completed in 2009 were Phase I (4,800 square feet) of an office condominium project and a 7,207 square foot medical office. While no public assistance was provided to this particular project, a 43,000 square foot nursing/rehabilitation facility is near completion adjacent to and south of Brookshire's. The importance of this project is that there was a real possibility that the project would go into bankruptcy and that the facility would remain partially completed in a continuing state of deterioration. The property is currently on the tax roles at $7.2 million. - 3 - The WEDC continues to market its remaining land within Premier Plaza (21 acres) and newly acquired industrial property within Premier Business Park (3.2 acres). High-Impact Initiatives A key project completed in 2009 resulted in a Perfoiinance Agreement between the WEDC and Sanden International (U.S.A.), Inc. The $8.5 million project is a two year initiative undertaken by Sanden to re-tool an underutilized compressor line. Performance measures associated with the Agreement are an investment of no less than $8.52 million, confirmation that Sanden has no less than 275 manufacturing line employees, and a minimum $58 million appraised value of the Sanden complex for the life of the Agreement. The maximum possible incentive associated with this project is $300,000 funded in two payments of $200,000 and $100,000 during 2010 and 2011. - 4 - - � ' ' '' ' � ' ' - � . , ' `, ' � � ' � '^ ' ' ' � ' ' _ '__' ' �_ ' _' `'_ , �, ~ �_ '' '` _ � `` _ ` ` �/�'x� . '`_' '`. �'� _� _� ``', ' � _ _ ` .- � �'`� ' '' � �� ., ' '` � ` ` � ' ` ^ ''' � ' ` � � ' ' ' ` ' - ' OCTOBER. 2009 12-21-2009 08:42 AM CITY OF WYL_IE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,475,420.00 0.00 0.00 0.00 0.00 ,475,420.00 0.00 INTEREST INCOME 3,000.00 208.58 0.00 208.58 0.00 2,791.42 6.95 MISCELLANEOUS INCOME 119,400.00 7,200.00 0.00 7,200.00 0.00 112,200.00 6.03 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.0O TOTAL REVENUES 1,597,820.00 7,408.58 0.00 7,408.58 0.00 1,590,411.42 0.46 EXPENDITURE SUMMARY DEVELOPMENT CORP-REDC 2,308,685.00 93,629.29 0.00 93,629.29 � 2,470.50 2,212,585.21 4.16 TOTAL EXPENDITURES 2,308,685.00 93,629.29 0.00 93,629.29 2,470.50 2,212,585.21 4.16 REVENUE OVER/(UNDER) EXPENDITURES ( 710,865.00) ( 86,220.71) 0.00 ( 86,220.71) ( 2,470.50) ( 622,173.79) 12.48 12-21-200e ao:^z xa czrx or WxLIa pxsc a usysmus A.Mo EXPENSE nEroxr - (amana:TEo� AS or: ocrnosa azar' zooe mr-zs zcnwoxzc xovz� cose azvEmoEa conacmT rnasamr en--on YEAR x-r-o x-T-: BUDGET * OF BUDGET posz:o po oDjnsc. ecrUA.L zmcU Ml 3 R Ascu aacamco BUDGET znzos 4000-*0210 SALES TAx 1'475'420.00 0.00 0.00 0.00 0100 z'«rs'«zu.no 0.00 TOTAL Tsxos 1'475'420.0-o 0.00 0.00 o.uo 0.00 1'475'420.00 0.00 zoronosr zycOM-, «noo-«sonu conzzFzCAzo or osconzr 0.00 0.00 0.00 0.00 0.00 0.00 0.00 *nou-«ozzn xT-Locarao zwTsncnr oaawznso s'noo.ou 208.58 0.00 208.58 0.00 2'791.42 6.95 4000-46140 rz-xponL zmronssr 0.01) 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 Losrc rmroaEsr 0.00 0.00 0.00 0.00 0.00 n.no 0.00 4000-46210 aamo aomsx MARKET zNIrEszmr 0.00 _ 0.00 o.00 _ 0.00 0.00 0.00 0.00 r:raL zmrssooT rwcmyo z'ouo.00 208.58 0.00 208.58 0.00 2'7e1.42 6.95 mrsco-LA147ons rnCnyr 4000-481-10 aomceL zmcoma 119'400�00 7.200.00 0.00 7'200.00 0.00 112'200.00 6.03 4000-4831-0 uucOVEnx pnrna rEAa uxpnw 0.00 0.00 0.00 0.00 0.00 0.00 n.on 4000-48:1-o *rsc zmcmyz 0.00 u�no 0.00 0.00 n.00 o.00 0.00 4000-48430 sazm ON SALE or eaopoarx 0.00 0.00 0.00 0.00 n.no 0.00 0.00 TOTAL azscoLLANsoos zmcomo zzy'�uouo 7'200.00 0.00 ,'aooAo 0.00 112'200.00 6.03 nryon rzNAmczmo nmzocos 4000-49160 rRAmnrcp FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 aamo xoro emocscoa 0.00 0.00 0.00 0.00 0.00 0.00 o.uo TOTAL oraEa rrmamzzvs nonocEn 0.00 0.00 0.00 0.00 0.00 0.00 0.00 roraL auvsmzoa 1'597'820.0x 7'40-6�58 0.00 3'408.58 0.00 1,590'411.42 0.46 12-21-2009 08:42 A`4 CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGE': PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 166,778.00 7,691.42 0.00 7,691.42 0.00 159,086.58 4.61 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 960.00 0.00 0,00 0.00 0.00 960.00 0.00 5611-51145 SICK LEAVE BUYBACK 1,924.00 0.00 0.00 0.00 0.00 1,924,00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 522.47 0.00 522.47 0.00 10,797.53 4.62 5611-51220 PHONE ALLOWANCE 3,456.00 157.66 0.00 157.66 0.00 3,298,34 4.56 5611-51230 CLOTHING ALLOWANCE 0_00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 20,142.00 833.80 0.00 833.80 0.00 19,308.20 4.14 5611-51410 HOSPITAL & LIFE INSURANCE 15,145.00 3,161.52 0.00 3,161.52 0.00 11,983.48 20.88 5611-51420 LONG-TERM DISABILITY 951.00 76.44 0.00 76.44 0.00 874.56 8.04 5611-51440 FICA 11,404.00 274.53 0.00 274.53 0.00 11,129.47 2.41 5611-51450 MEDICARE 2,667.00 119.50 0.00 119.50 0.00 2,547,50 4.48 5611-51470 WORKERS COMP PREMIUM 464.00 0,00 0.00 0.00 0.00 464,00 0.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 235,751.00 12,837,34 0.00 12,837.34 0.00 222,913.66 5.45 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 25.00 0.00 25.00 94.47 8,880.53 1,33 5611-52040 POSTAGE 2,220.00 0.00 0.00 0.00 228.95 1,991.05 10.31 5611-52130 TOOLS & EQUIPMENT 0,00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 4,700.00 152.00 0.00 152.00 246,74 4,301.26 8.48 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 15,920.00 177,00 0.00 177.00 570.16 15,172.84 4.69 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES ,163,826.00 40,000.00 0.00 40,000.00 0.00 1,123,826,00 3.44 5611-56040 SPECIAL SERVICES 21,220.00 965.00 0,00 965.00 361.95 19,893.05 6.25 5611-56080 ADVERTISING 43,060.00 600.O0 0.00 600.00 250.00 42,210.00 1.97 5611-56090 COMMUNITY DEVELOPMENT 45,263.00 12,200.45 0.00 12,200.45 670.00 32,392.55 28.43 5611-56110 COMMUNICATIONS 2,940.00 971.10 0.00 971.10 0.00 1,968.90 33.03 5611-56180 RENTAL, 15,600.00 2,516.03 0.00 2,516.03 0.00 13,083.97 16.13 5611-56210 TRAVEL AND TRAINING 34,134.00 16.31 0.00 16.31 618.39 33,499.30 1.86 5611-56250 DUES & SUBSCRIPTIONS 8,163.00 1,500.00 0.00 1,500.00 0.00 6,663.00 18.38 5611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0.00 5611 56510 AUDIT AND LEGAL SERVICES 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 5611-56570 ENGINEERING - ARCHITECT SUM 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-56610 UTILITIES - ELECTRIC 4,000.00 0.00 0.00 0.00 0.00 4,000.00 0.00 TOTAL CONTRACTUAL SERVICES 1,386, 09.00 58,768.89 0.00 3L 58,768.89 1,900.34 5,339.77 4.38 12-21-2009 08:42 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERTOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 235,005.00 21,846.06 0.00 21,846.06 0.00 213,155.94 9.30 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 235,005.00 21,846.06 0.00 21,846.06 0.00 213,156.94 9.30 CAPITAL OUTLAY 5611-56110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 428,000.00 0.00 0.00 0.00 0.00 428,000.00 0.00 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,308,685.00 93,629.29 0.00 93,629.29 2,470.50 2,212,585.21 4.16 TOTAL EXPENDITURES 2,308,685.00 93,629.29 0.00 93,629.29 2,470.50 2,212,585.21 4.16 =-- --------- REVENUE OVER (UNDER) EXPENDITURES ( 710,865.00) ( 86,220.71) 0.00 ( 86,220.71) ) 2,470.50) ) 622,173.79) 12.48 .** END OF REPORT *** NOVEMBER. 2009 BALANCE SHEET AS OF: NOVEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 784,709.18 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.01 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,811,424.40 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 700,485.60 4,718,062.19 TOTAL ASSETS 4,718,062.19 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 997.67 2000-20111 MEDICARE PAYABLE 99,70 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 597,33) 2000-20117 TMRS PAYABLE 468.92 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 110.03 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 2.19 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 4,249.91 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 700,485.60 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 BALANCE SHEET AS OF: NOVEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-22915 RENTAL DEPOSITS 1,000.00 TOTAL LIABILITIES 1,029,362.69 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,852,134.15 TOTAL BEGINNING EQUITY 3,852,134.15 TOTAL REVENUE 9,791.60 TOTAL EXPENSES 173,226.25 REVENUE OVER/(UNDER) EXPENSES 163,434.65) TOTAL EQUITY & OVER/(UNDER) 3,688,699.50 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,718,062.19 BALANCE SHEET AS OF: NOVEMBER 30TH, 2009 922-GEN LONG TERM DEBT (WEDC) ACCOUNT4t TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 36,397.17 2000-21410 ACCRUED INTEREST PAYABLE 1,279.95 2000-28205 WEDC LOANS-CURRENT 139,548.24 2000-2822C BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 446,505.57 2000-28240 HUGHES LOAN PAYABLE 222,478.21 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 175,505.00 2000-28270 BOWLP.ND/ANDERSON LOAN 36,261.58 2000-28280 CAPITAL ONE CAZAD LOAN 146,718.99 TOTAL LIABILITIES 1,204,694.71 EQUITY 3000-34590 FUND BALANCE ( 1,204,694.71) TOTAL BEGINNING EQUITY ( 1,204,694.71) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL, EQUITY & OVER/(UNDER) ( 1,204,694,71) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 _.. .,. PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUO¢5ARY TAXES 1,475,420.00 0.00 0.00 0.00 0.00 1,475,420.00 0.00 INTEREST INCOME 3,000.00 225.00 0.00 433.58 0.00 2,566.42 14.45 MISCELLANEOUS INCOME 119,400.00 2,158.02 0.00 9,358.02 0.00 110,041.98 7.84 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,597,820.00 2,383.02 0.00 9,791.60 0.00 1,588,028.40 0.61 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,308,685.00 79,596.96 0.00 173,226.25 282.86 2,135,175.89 7.52 TOTAL EXPENDITURES 2,309,685.00 79,596.96 0.00 173,226.25 282.86 2,135,175.89 7.52 REVENUE OVER/(UNDER) EXPENDITURES ( 710,865.00) ( 77,213.94) 0.00 ( 163,434.65) ( 282.86) ( 547,147.49) 23.03 xcvENuo AND EXPENSE acpnor - (onxouzrso) AS OF: nov000sa 30Tn' 2009 izz'vxLzc ccmvnyzc oEVEL CORP REVENUES mnxcmr cnnar,z pazon YEAR Y-z-o r'r-o onosor » or auoGEr pcazoo rn ao:Uor. ACTUAL omcoxaR-ANcE- oAl/Ncc enosET TAXES 4000-40210 s^Lsn TAX 1'475'420.00 0.00 0.00 0.00 0.00 1'475'420.00 0.00 TOTAL TAXES 1'475'420.00 0.00 0.00 0.00 0.00 1'*75'420.00 0.00 zmrsacaT INCOME 4000-46050 coxrzrzcars or ocposzr 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED zmrcnosr FARvzmso s'000.00 225.00 0.00 433.58 0.00 2'566.42 14.45 4000-46140 ToxeooL zwrsocs` 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 Lnnzc zmTsassT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK enwsx eovcT zprEas,r 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL znruxsor zxcmyc s'oon.00 225.00 0.00 433.58 0.00 2'566.42 14.45 m7ncsLL,5,Nsono rmcm"o 4000-48110 oowrAL ,wcomo 119'400.00 z'000.ou 0.00 9'200.00 0.00 110'200.00 7.71 4000-48310 nscnvca, pazna YEAR sx,co 0.00 0.00 0.00 0.00 0.00 0.00 0.00 *000-46410 yzsc zwcoMs 0.00 158.02 0.00 158.02 0.00 158.02` 0.00 4000-48430 apzx ON oaco OF pan,sa`z 0.00 0.00 0.00 0.00 0.00 0.00 0.00 roznL vzocELLANonoo zwcoms 119'400.00 2'158.02 0.00 9'358.02 0.00 110'041.98 7.84 orosx rzNANczws snoacso 4000-49160 TRANSFER FROM ooNcxaL rnno 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 aaax morc poocscoo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 roraL nTvcn rzweNczvc 000ncoS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL asvcwoso 1'597'820.00 2'383.02 0.00 9'7*1.60 0.00 1'588'028.40 0.61 - __ --~_-----_- _-_ _--_---~-- -----~ REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 166,778.00 19,248.75 0.00 26,940.17 0.00 139,837.83 16.15 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 960.00 868.00 0.00 868.00 0.00 92.00 90.42 5611-51145 SICK LEAVE BUYBACK 1,924.00 1,925.04 0.00 1,925.04 0.00 ( 1.04) 100.05 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 1,306.17 0.00 1,828.64 0.00 9,491.36 16.15 5611-51220 PHONE ALLOWANCE 3,456.00 398.76 0.00 556.42 0.00 2,899.59 16.10 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 20,142.00 1,669.50 0.00 2,503.30 0.00 17,638.70 12.43 5611-51410 HOSPITAL & LIFE INSURANCE 15,145.00 45.28 0.00 3,206.80 0.00 11,938.20 21.17 5611-51420 LONG-TERM DISABILITY 951.00 0.00 0.00 76.44 0.00 874.56 8.04 5611-51440 FICA 11,404.00 263.38 0.00 537.91 0.00 10,866.09 4.72 5611-51450 MEDICARE 2,667.00 239.90 0.00 359.40 0.00 2,307.60 13.48 5611-51470 WORKERS COMP PREMIUM 464.00 464.00 0.00 464.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 235,751.00 26,428.78 0.00 39,266.12 0.00 196,484.88 16.66 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 176.17 0.00 201.17 79.37 8,719.46 3.12 5611-52040 POSTAGE 2,220.00 48.49 0.00 48.49 9.00 2,162.51 2.59 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 4,700.00 132.92 0.00 284.92 0.00 4,415.08 6.06 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 15,920.00 357.58 0.00 534.58 88.37 15,297.05 3.91 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,163,826.00 24,805.00 0.00 64,805.00 0.00 1,099,021.00 5.57 5611-56040 SPECIAL SERVICES 21,220.00 3,206.99 0.00 4,171.99 44.49 17,003.52 19.87 5611-56080 ADVERTISING 43,060.00 845.00 0.00 1,445.00 0.00 41,615.00 3.36 5611-56090 COMMUNITY DEVELOPMENT 45,263.00 875.70 0.00 13,076.15 150.00 32,036.85 29.22 5611-56110 COMMUNICATIONS 2,940.00 206.06 0.00 1,177.16 0.00 1,762.84 40.04 5611-56180 RENTAL 15,600.00 1,363.24 0.00 3,979.27 0.00 11,720.73 24.87 5611-56210 TRAVEL AND TRAINING 34,134.00 1,471.78 0.00 1,488.09 0.00 32,645.91 4.36 5611-56250 DUES & SUBSCRIPTIONS 8,163.00 0.00 0.00 1,500.00 0.00 6,663.00 18.38 5611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 5611-56570 ENGINEERING - ARCHITECT SVC 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-56610 UTILITIES - ELECTRIC 4,000.00 156.05 0.00 156.05 0.0C 3,943.95 3.90 TOTAL CONTRACTUAL SERVICES 1,386,009.00 32,929.92 0.00 91,699.71 194.49 1,294,115.80 6.63 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 235,005.00 19,880.7E 0.00 41,726.84 0.00 193,278.16 17.76 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 235,005,00 19,880.78 0.00 41,726.84 0.00 193,278.16 17.76 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 428,000.00 0.00 0.00 0.00 0.00 428,000.00 0.00 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0,00 0.00 0.00 0.00 0,00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,308,685.0C 79,596.96 0.00 173,226.25 282.86 2,135,175.89 7.52 TOTAL EXPENDITURES 2,308,685.00 79,596.96 0.00 173,226.25 282.86 2,135,175.89 7.52 REVENUE OVER (UNDER) EXPENDITURES ( 710,865.00) ( 77,213.94) 0.00 ( 163,434.65) ( 282.86) ( 547,147.49) 23.03 *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger November 3U. 2OO9 Nodes Payable Payment Beginning Bal. Principal Interest Principal Balance October 31. 2OUg $1.180.923.87 November |nvwood(#49of120) $9.084.91 $527.023.04 $731077 $252514 $51870327 Hughes�4Oof12O) 3.774.70 250.903.04 2'520'1O 1'��452 240'283'7O � Prime Kut� 2Sof12O) 2'53959 103'25O'08 1'57334 ' . ' � 8nw|a»d2sof8O> 77331 25'*195 ' � 0OO'25 1�1.G77.O� � Anderson�25of5O> 773'31 2G1 �5 84G'22 12��1O �4.773�33 aPita|Ono(#20o[120) 2O3408 1�`*O0'��3 1848�22 127'1O 24.773�33 �� . � o.o n.n '20/u3 827.93 157.809.60 Nmember3O. 2000 $13.912.76 $5.828.04 $1.167.010.01 Wylie Economic Development Corporation Balance Sheet 8uNedoa November 3U. 200S Invenbmry-Land Date ofPur. Address Acreage |mprovementa(uq.ft.) Cost Basis K4oK8aatero 7/12/05 700Cooper 0A8 n/a 20204500 Heath 12/28/05 706Cooper 0.46 38�5 180'934 �2 Perry 9/13/06 707(�ooper U4S1 ' ' ' BovWandA\ndenuon 10/8/07 Cooper Dr. 0.372 n/a �0U'224�00 n/a 10841850 K{�S 8/1/08 Cooper Dr. 0.406 n/a 80'20787 Hughes 7/25/00 211 -212Industrial 0.74 10.000 42038121 R.O.W. 0.18 ' ' 4158528 PhmaKuia 10/8/07 207 |nduotha| 0.20 4.550 22S''284U0 R.O.W. 0.11 n/a 77380 45 Cazad 3/17/08 210 !nduotha} 0.27 3.900 200'781S5 Ferrell 9/29/05 2808F.K4. 544 1.09 n/a 2303��U0 Sale mR.O.Vv. 2/14/07 -OUQ ' � � 2OOA448 Crossroads 0/12/09 2O04FK8 ��4 � � 4 475U - ' � � � v��� . 171.842.02 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a G3Q0O000 - Sale VnSavage 5/28/08 3.87 ' � -A8.917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155.000.00 Total 29.47 2.811.424A0 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part cf the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 101,531 11,633 12.94% FEBRUARY 121,615 132,441 145,246 12,805 9.77% MARCH 83,172 86,460 87,584 1,124 1.30% APRIL 81,377 86,004 86,040 36 0.04% MAY 124,616 130,208 130,966 758 0.58% JUNE 86,779 99,523 94,993 -4,530 -4.55% JULY 90,996 98,845 95,282 -3,563 -3.60% AUGUST 114,655 132,563 117,541 -15,022 -11.33% SEPTEMBER 99,715 112,165 104,015 -8,150 -7,27% OCTOBER 91,185 100,202 100,312 110 0.11% NOVEMBER 124,515 142,985 144,326 1,341 0.94% Sub-Total $1,188,149 $1,293,678 $1,298,336 $4,658 0.36% AUDIT ADJ TOTAL $1,188,149 $1,293,678 $1,298,336 $4,658 3.60% WEDC SALES TAX ANALYSIS $160,000 - - $140,000 $120,000 t<, irlio•, , $100,000 ;�;' � ' H ' T1U" 4' - ''"' il . ,„ :„ , . 4 fl• 4' 31 $80,000 ,'' , �. rii ::: � : i, 1 vi4i $ 9'bt r $40,000 ) ! $20,000 r � � ` aili$0Wit --. (� ' Cam` '= ` 7ti � � --� W. w.. w. �4} CS t0 iV. G s C 1t5 ," S- m = iz ¢ -' F. E ° E Zi co g tl.` d > U) DECEMBER, 2009 1-05-2010 08:35 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2009 11-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE SSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 824,536.22 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.01 1C00-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-1299E ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,811,424.40 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 700,485.60 4,757,889.23 TOTAL ASSETS 4,757,889.23 IABILITIES ---------- 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 194.69) 2000-20117 TMRS PAYABLE 1,466.76 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE C.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COW? 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE 1,NSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 0.00 2000-20210 ACCOUNTS PAYABLE 0.00 2300-20533 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 700,495.60 2000-20810 DUE TO GENERAL FUND 0.30 2000-22270 DEFERRED REVENUE 322,525.80 1-05-2010 08:35 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: DECEMBER 31ST, 2009 11-WYLIE ECONOMIC DEVEL CORP ACC0UNT# TITLE 2000-22915 RENTAL DEPOSITS 1,000.00 TOTAL LIABILITIES 1,025,283.47' XJITY 3000-34590 FUND BALNCE-UNRESERV/UNCESIG 3,852,134.15 TOTAL BEGINNING EQUITY 3,852,134.15 TOTAL REVENUE 95,537.07 TOTAL EXPENSES 215,065.46 REVENUE OVER/(UNDER) EXPENSES ) 119,528.39) TOTAL EQUITY & OVER/(UNDER) 3,732,605.76 TOTAL LIABILITIES, EQUITY & OVER/ (UNDER) 4,757,889.23 1-2uiu IU:II AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2009 BEN LONG TERM DEBT (WEDC) ACCOUNT6 TITLE rs )0-10312 GOVERNMENT NOTES 0.00 )0-18110 LOAN WEDC 0.00 )0-18120 Loan-Birmingham 0.00 )0-18210 AMOUNT TO BE PROVIDED 0.00 )0-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 ILITIES )0-20310 COMPENSATED ABSENCES PAYABLE 36,397.17 )0-21410 ACCRUED INTEREST PAYABLE 1,279.95 )0-28205 WEDC LOANS-CURRENT 125,805.90 )0-28220 BIRMINGH.AM LOAN 0.00 )0-28230 INWOOD LOAN 446,505.57 )0-28240 HUGHES LOAN PAYABLE 222,478.21 )0-28250 CITY OF WYLIE LOAN 0.00 )0-28260 PRIME KUTS LOAN 175,505.00 )0-28270 BOWLAND/ANDERSON LOAN 36,261.58 )0-28280 CAPITAL ONE CAZAD LOAN 146,718.99 TOTAL LIABILITIES 1,190,952.37 PY )0-34590 FUND BALANCE ( 1,190,952.37) TOTAL BEGINNING EQUITY ( 1,190,952.37) TOTAL REVENUE 0.00 DOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) 1,190,952.37) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 1-05-2010 06:33 AN CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS 0F: DECEMBER 31ST, 2009 ll-WYLIE ECONOMIC DEVEL CORP INANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET EVENUE SLNPLARY AXES 1,475,420.00 81,013.54 0.00 51,013.84 0.0C 1,394,406.15 5.49 4TEREST INCOME 3,000.00 0.00 0.00 433.58 0.00 2,566.42 14.45 ISCELI.A10ECUS INCOME 119,400.00 4,731.63 0.00 14,089.65 0.00 105,310.35 11.80 .HER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JTAL REVENUES 1,597,820.00 55,745.47 0.00 95,537.07 0.00 1,502,282.93 5.98 4PENDITURE SUMMARY EVELOPMENT CORP-WEDC 2,305,685.00 41,839.21 0.00 215,065.46 4,665.91 2,088,953.63 9.52 OTAL EXPENDITURES 2,3006,685.00 41,839.21 0.00 215,065.46 4,665.91 2,086,953.63 9.52 EVENUE OVER/(UNDER) EXPENDITURES ( 710,565.00) 43,906.26 0.00 ( 119,528.39) ( 4,665.91) ( 586,670.70) 17.47 1-05-2010 08:33 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2009 11-WYLIE ECONOMIC DEVEL CORP EVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET_ % OF BUDGET PERIOD 20 ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET AXES )00-40210 SALES TAX 1,475,420.00 81,013.84 0.00 81,013.84 0.00 1,394,406.16 5.49 TOTAL TAXES 1,475,420.00 81,013.84 0.00 81,013.84 0.00 1,394,406.16 5.49 4TEREST INCOME 300-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.O0 0.00 300-46110 ALLOCATED INTEREST EARNINGS 3,000.00 0.00 0.00 433.58 0.00 2,566.42 14.45 DO0-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0,00 0.O0 0.00 D00-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 300-46210 BANK MONEY MARKET INTEREST 0.00 _ 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 3,000.00 0.00 0.00 433.58 0.00 2,566.42 14.45 ISCELLANEOUS INCOME 300-48110 RENTAL INCOME 119,400.00 4,600.00 0.00 13,800.00 O.00 105,600.00 11.56 000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 300-48410 MISC INCOME 0.00 131.63 0.00 289,65 0.00 ( 289.65) 0.00 D00-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 119,400.00 4,731.63 0.00 14,089.65 0.00 105,310.35 11.80 PHER FINANCING SOURCES D00-49160 TRANSFER FROM GENERAL FUND 0.00 0.O0 0.00 0.00 0.00 O.00 0.00 D00-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.O0 0.00 0.00 0.00 0.00 DTAL REVENUES 1,597,820.00 85,745.47 0.00 95,537.07 0.00 1,502,282.93 5.98 1-05-2010 08:33 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2009 11-WYLIE ECONOMIC DEVEL CORP IVELOPMENT CORP-WEDC EPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET 3RSONNEL SERVICES 611-51110 SALARIES 166,778.00 12,832.50 0.00 39,772.67 0.00 127,005.33 23.85 611-51130 OVERTIME 0,00 0.00 0.00 0.00 0.00 0.00 0.00 611-51140 LONGEVITY PAY 960.00 0.00 0.00 868.00 0.00 92.00 90.42 611-51145 SICK LEAVE BUYBACK 1,924,00 0.00 0,00 1,925.04 0.00 ( 1,04) 100.05 611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 2,699,42 0.00 8,620.58 23.85 611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 822.26 0.00 2,633.74 23.79 611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-51310 TMRS 20,142.00 0.00 0,00 2,503.30 0.00 17,638.70 12.43 611-51410 HOSPITAL & LIFE INSURANCE 15,145.00 1,965.10 0.00 5,171.90 0.00 9,973.10 34.15 611-51420 LONG-TERM DISABILITY 951.00 76.44 0,00 152.88 0.00 798.12 16.08 611-51440 FICA 11,404.00 334.57 0.00 872.48 0.00 10,531.52 7.65 611-51450 MEDICARE 2,667.00 302,38 0.00 661.78 0.00 2,005.22 24.81 611-51470 WORKERS COMP PREMIUM 464.00 0.00 0.00 464.00 0.00 0.00 100,00 611-51480 UNEMPLOYMENT COMP (TWO) 540,00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 235,751,00 16,647.61 0.00 55,913.73 0.00 179,837.27 23.72 JPPLIES 611-52010 OFFICE SUPPLIES 9,000.00 79,37 0.00 280.54 200.17 8,519.29 5.34 611-52040 POSTAGE 2,220.00 9.00 0.00 57.49 94.84 2,067.67 6.86 611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-52810 FOOD SUPPLIES 4,700.00 0.00 0.00 284.92 92.81 4,322.27 8.04 611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 15,920.00 88.37 0.00 622.95 387.82 14,909.23 6.35 4TERIALS FOR MAINTENANC 611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0,00 0.00 611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0,00 3,000.00 0.00 DNTRACTUAL SERVICES 611-56030 INCENTIVES 1,163,826.00 0.00 0.00 64,805.00 0.00 1,099,021.00 5.57 611-56040 SPECIAL SERVICES 21,220.00 2,218.85 0.00 6,390.84 324.30 14,504.86 31.65 611-56080 ADVERTISING 43,060.00 0.00 0.00 1,445.00 0.00 41,615.00 3.36 611-56090 COMMUNITY DEVELOPMENT 45,263.00 1,145,00 0.00 14,221.15 336.85 30,705.00 32,16 611-56110 COMMUNICATIONS 2,940.00 206.14 0.00 1,383,30 0.00 1,556.70 47.05 611-56180 RENTAL 15,600.00 1,287.76 0.00 5,167.03 0.00 10,432.97 33.12 611-56210 TRAVEL AND TRAINING 34,134.00 189.59 0.00 1,677.68 103.31 32,353.01 5.22 311-56250 DUES & SUBSCRIPTIONS 8,163,00 0.00 0.00 1,500.00 0.00 6,663.00 18.38 611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0,00 611-56510 AUDIT AND LEGAL SERVICES 22,500.00 0.00 0.00 0.00 2,650.00 19,850.00 11.78 566570 ENGINEERING - ARCHITECT SVC 25,000.00 520.00 0,00 520.00 0.00 24,480,00 2.08 511-56610 UTILITIES - ELECTRIC 4,000.00 9.47 0.00 165.52 0.00 3,834.48 4.14 TOTAL CONTRACTUAL SERVICES 1,386,009.00 5,576.81 0.00 97,275.52 3,414.46 1,285,319.02 7.26 1-05-2010 06:33 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2009 11-WYLIE ECONOMIC DEVEL CORP IVELOPMENT CORP-WEDC EPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL. ENCUMBRANCE BALANCE BUDGET 6BT SERVICE & CAP, REPL 611-57110 DEBT SERVICE 235,005.00 19,526.42 0.00 61,253.26 0.00 173,751.74 26.06 611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPO 235,005.00 19,526.42 0.00 61,253.26 0.00 173,751.74 26.06 RPITAL OUTLAY 611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-58210 STREETS & ALLEYS 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 863.63 2,136.37 28.79 611-58830 FURNITURE & FIXTURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 428,000.00 0.00 0.00 0.00 863.63 427,136.37 0.20 IHER FINANCING (USES) 611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0,00 5,000.00 0.00 611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 JTAL DEVELOPMENT CORP-WEDC 2,308,685.00 41,839.21 0.00 215,065.46 4,665.91 2,086,953.63 9.52 JTAL EXPENDITURES 2,308,665.00 41,839.21 0.00 215,065.46 4,665.92 2,088,953.63 9.52 EVENUE OVER (UNDER) EXPENDITURES ( 710,865.00) 43,906.26 0.00 ( 119,528.39) ( 4,665.91) ( 586,670.70) 17.47 `* END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger December 31. 2OOD Notes Payable Payment Beginning Bal. Principal Interest Principal Balance November 30. 2OOS $1,167.010.01 December Inwood(#sncx/a) $0.084.91 $510.703.27 $7.143.53 $248702 $51255074 Hughes 0w/ of1oo) 3.774.70 248.383.76 2.532.78 1'241 82 245'85008 Prime Kuts (#u8of /uo) 2.530-50 101.677.62 1.58121 '0S83S 100'U0641 Umw|and(wu8oxsm) 773.31 24.773.33 640-44 12386 24'1238Q Anderson(#on,xnn) 773.31 24.773.33 649.45 12387 24'12388 {�opita|Dnn(#e1 of /uo) 2.034.06 157.600.80 1.185.03 849.03 156'51387 Ueoember31 2OUS . $13.742.34 $5.784.09 $1.153.268.57 Note: Principal and |ntonaot payments vary bydate of payment, Wylie Economic Development Corporation Balance Sheet Subledger December 31, 2009 Inventory- Land Date of Pur, Address Acreage Improvements (sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.47 2,811,424.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was $306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2008 2009 2010 09 VS 10 09 VS 10 DECEMBER $82,384 $90,500 $81,014 -$9,486 -10.48% JANUARY 89,898 101,531 FEBRUARY 132,441 145,246 MARCH 86,460 87,584 APRIL 86,004 86,040 MAY 130,208 130,966 JUNE 99,523 94,993 JULY 98,845 95,282 AUGUST 132,563 117,541 SEPTEMBER 112,165 104,015 OCTOBER 100,202 100,312 NOVEMBER 142,985 144,326 Sub-Total $1,293,678 $1,298,336 $81,014 -$9,486 -10.48% AUDIT ADJ TOTAL $1,293,678 $1,298,336 $81,014 -$9,486 -10.48% WEDC SALES TAX ANALYSIS $160,000 $140,000 -- - S y pi p ?'. -r $120,000 {lad f $100,000 - -"'-- Y $80,000Pi I N °r ; $60,000 - r,, A V t` , f. �r <'" 'U 2010 rat f �r,�i $40,000 1_ Y "' :1 r '; f: } 1 4 Yr $20,000 1.: , Vk '', ;, 1' �, fit` VT {42 - A if 9 67 �' ,,` U = 2 ' N Q3 N 61 N N Q N U tU a m 0 O U} Z Wylie City Council 7 C T OF VYL E AGENDA REPORT Meeting Date: January 26, 2010 Item Number: 1 Department: Fire (City Secretary's Use Only) Prepared By: Steve Seddig/Randy Corbin Account Code: Date Prepared: 01/19/10 Budgeted Amount: Exhibits: 2 Subject (Motion to remove from table) Consider, and act upon, Ordinance No 2009-37 adopting the 2006 Edition of the International Fire Code, save and accept the deletions and amendments set forth herein and amending Chapter 46, Article III(Fire Code) of the Wylie Code of Ordinances. Recommendation Motion approving Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and accept the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. Discussion Wylie Fire—Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code. The Wylie Fire department requests the adoption of the 2006 International Fire Code. The only changes being requested outside of regional NCTCOG code changes are for stairwell landings and elevator cab sizes. The Council had a question about additional costs to developers, and asked the item be tabled for later discussion after some numbers were brought forward. The attachments will demonstrate that there really is no cost difference for the stairwell landings since ADA- compliant landings are already required, and the increase is too small to be considered for the landings to accommodate an EMS stretcher. The increase for elevator cab size is less than 10% ($4,000, approximately) for the cost of the elevator only in aworstcasescenario (2-story building). For the overall building costs, this would be less than a 1%o increase, and would be a value-add for the property. Any building 4-story and over is already required to have this EMS elevator, so this only affects 2 and 3 story buildings that install elevators, and would only be applicable to one of the elevators if more are installed. Attachments are provided. Approved By Initial Date Department Director RC 1/19/2010 City Manager /,?.. Il€ Page 1 of 1 ORDINANCE NO. 2009-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2004-22; ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; AMENDING CHAPTER 46, ARTICLE III (FIRE CODE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and deteuliined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2004-22; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to amend Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2006 Edition of the International Fire Code (the "2006 International Fire Code"), save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2004-22 Repealed. Wylie Ordinance No. 2004-22 is hereby repealed in its entirety and replaced by this ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2004-22 shall be repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 2004-22, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2004-22. SECTION 3: Adoption of the 2006 International Fire Code. The International Fire Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the amendments set forth below, is hereby adopted as the fire code for Wylie, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion in the city. The 2006 International Fire Code, save and except the amendments set forth herein, is made a part of this article as if fully set forth herein. One copy of the 2006 International Fire Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 1 5662'73.v1 Code, copyrighted by the International Code Council, Inc., is on tile in the office of the Wylie city secretary being marked and designated as the 2006 International Fire Code. SECTION 4: Adopting the 2006 International Fire Code. The 2006 Edition of the International Fire Code as published by the International Code Council is hereby amended as follows by way of additions, deletions and amendments: "ARTICLE III. FIRE CODE Sec. 46-41. Adoption of the 2006 International Fire Code. The International Fire Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the fire code for the city, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion in the city (the "2006 International Fire Code"). The 2006 International Fire Code, save and except the amendments set forth herein, is made a part of this article as if fully set forth herein. One (1) copy of the 2006 International Fire Code, copyrighted by the International Code Council, Inc., is on file in the office of the city secretary being marked and designated as the 2006 International Fire Code. (Ord. No. 2004-22, § 3, 6-8-2004) Sec. 46-42. Amendment to the 2006 International Fire Code. The 2006 International Fire Code is hereby amended as follows: Section 102.4; change to read as follows: 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the International Building Code, shall be made in accordance therewith. Section 102.6; Sections 106.2.1 and 106.2.2 change to read as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 2 566273.v1 Section 106.2; add to read as follows: 106.2.1 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the fire code official. Section 202; change definition of"Fire Watch" as follows: Fire watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 202; add definitions as follows: Addressable Fire Detection System. Any system capable of providing identification of each individual alarm-initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have the capability of alarm verification. Analog Intelligent Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. High-rise building. A building having any floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. Self-service storage facility. Real property designed and used for the purpose of Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 3 566273.v1 renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby personnel. Qualified fire service personnel, approved by the fire chief. When utilized, the number required shall be as directed by the fire chief Charges for utilization shall be as normally calculated by the jurisdiction. Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include, but not be limited to, the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, county or local temporary or peilitanent bans on open burning. 3. Local written policies as established by the code official. Section 307.4; change to read as follows: 307.4 Location. The location for open burning shall not be less than 300 feet (91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91 440 mm) of any structure. (exceptions unchanged) Section 307.4.3; add to read as follows: 307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with section 307.2. Section 307.5; change to read as follows: 307.5 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. Section 308.3.1; change to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'1 Fire Code Ordinance Page 4 566273.v1 308.3.1 Open-flame cooking and heating devices. Open-flame cooking devices,, charcoal grills, outdoor fireplaces and other similar devices used for cooking, heating or any other purpose shall not be located or used on combustible balconies, decks, or within 10 feet(3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1; change to read as follows: 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the exceptions of section 308.3.1, LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within ten feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings may have containers with a water capacity not greater than 20 pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP-gas capacity] with an aggregate capacity not to exceed 100 lbs (5 containers). 2. Other residential occupancies where buildings,balconies and decks are protected by an approved automatic sprinkler system, may have containers with a water capacity not greater than 20 pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP-gas capacity], with an aggregate capacity not to exceed 40 lbs (2 containers). Section 401.3; add Section 401.3.4 as follows: 401.3.4 Fire Alarms and Nuisance Alarms. False alaiiiis and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Section 405.1; change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in Table 405.2 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 5 566273.v1 Section 408.5.4; change to read as follows: 408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least 12 times per year, four times per year on each shift. Section 503.1.1; add the following sentence to the end of the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet wide unobstructed pathway around the external walls of the structure. Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315mm), except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 14 feet(4267 mm). Exception: Vertical clearance may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.3; change to read as follows: 503.3 Marking. Striping, signs, or other markings, when approved by the code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof Striping, signs and other markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping — Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on the vertical face of the curb. (2) Signs — Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 6 566273.v1 be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 and any area marked as a fire lane as described in section 503.3 shall be maintained at all times. Section 505.1; add to read as follows: 505.1 Address numbers. Approved numerals of a minimum 6" height and of a color contrasting with the background designating the address shall be placed on all new and existing buildings or structures in a position as to be plainly visible and legible from the street or road fronting the property and from all rear alleyways /access. Where buildings do not immediately front a street, approved 6 inch height building numerals or addresses and 3-inch height suite / apartment numerals of a color contrasting with the background of the building shall be placed on all new and existing buildings or structures. Numerals or addresses shall be posted on a minimum 20 inch by 30 inch background on border. Address numbers shall be Arabic numerals or alphabet letters. The minimum stroke width shall be 0.5 inches. Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 3 1 inches in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. Section 511 —Emergency Radio Communications; add to read as follows: 511.1 Signal strength in buildings. In all new and existing buildings in which the type of construction or distance from an operational emergency services antenna or dispatch site does not provide adequate frequency or signal strength as determined by the code official, the building owner shall be responsible for providing the equipment, installation and maintenance of said equipment in a manner to strengthen the radio signal. The radio signal shall meet the minimum input / output strengths according to the emergency radio system's provider and Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 7 566273.v1 system manager. Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be protected, openings into such shafts shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices are permitted if the fusible link rating does not exceed 135°F (57°C). Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 804.1.1; number the existing exception as 1. and add a second exception to read as follows: Exceptions: 1. Trees located in areas protected by approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees shall not be prohibited inside private dwelling units of Group R-2 Occupancies. Section 807.4.3.2 and Section 807.4.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 901.6.1; add section to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must utilize a licensed fire protection contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Depaitiiient Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 8 566273.v1 standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's. Contact the Fire Marshal for additional information. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test and Maintenance Service (ITM) Tag") at the bottom of each standpipe riser in the building. An example of this tag is located at the end of this SOP. The tag shall be check- marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read"5 Year Standpipe Test" at a minimum. 6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Marshal). 7. Additionally, records of the testing shall be maintained by the owner and contractor, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 9 566273.v1 9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this fire fighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Section 902.1; in definition of"Standpipe, Types of', under "manual dry" amend by adding a sentence to the end of"manual dry" to read as follows: The system must be supervised as specified in section 905.2. Section 903.2; amended to delete the exception. Add Section 903.2.8.3 to read as follows: 903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: Amend the title of Section 903.2.10 to read "Windowless stories in all occupancies except R-3 and U". 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with section 1509 of the International Building Code, that is located 35 feet (10 668mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with section 406.3 of Ordinance No.2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 10 566273.v1 the International Building Code. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.10.6 Buildings Over 6,000 sq. ft. An automatic Sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than two hours. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a ten psi Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 11 566273.v1 safety factor. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alairn upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2; add second paragraph to read as follows: The alairn device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. Section 903.6.2; add to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with section 1504. Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of ten psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.2; delete exceptions #1 and#2. Add Section 905.3.8; and add exception to read as follows: 905.3.8 Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. Ordinance No.2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 12 566273.v1 Section 905.4, item #5; amend to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Add Section 907.1.3 to read as follows: 907.1.3 Design standards. All alarm systems new or replacement serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of peiutit application. Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alaiui system shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100 feet open space, all Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 13 566273.v 1 buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception#1 and add exception#1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential in-home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see section 907.2.6.) Section 907.2.12; change to read as follows: 907.2.12 High-rise buildings. Buildings having any floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alaizii system and an emergency voice/alarm communications system in accordance with section 907.2.12.2 Section 907.2.12, exception#3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Add Section 907.2.24 and add exceptions to read as follows: 907.2.24 Mechanical System Smoke Detectors. All commercial air conditioning and heating units shall have an automatic smoke detector installed in the supply air side of all mechanical units installed in a building or space to be utilized for any type of commercial use or occupancy. Exceptions: 1. An additional detection would not be required if the unit is factory manufactured with a smoke detector in return air side. 2. Dedicated exhaust systems. Add Section 907.2.24.1 to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 14 566273.v1 907.2.24.1 Installation. Smoke detectors requires by this section shall be installed in accordance with NFPA 72. The required smoke detectors shall be installed to monitor the entire airflow conveyed by the system including supply air, return air and/or relief air. Access shall be provided to smoke detectors for inspection and maintenance. Add Section 907.2.24.2 to read as follows: 907.2.24.2 Controls operation. Upon activation, the smoke detectors shall shut down and all operational capabilities of the air distribution system in accordance with the listing and labeling of appliances used in the system. Air distribution systems that are part of a smoke control system shall switch to the smoke control mode upon activation of a detector. Add Section 907.2.24.3 and the exceptions to read as follows: 907.2.24.3 Supervision. The duct smoke detectors shall be connected to a fir alarm system. The actuation of a duct smoke detector shall activate a visible and audible supervisory signal at a constantly attended location. Exceptions: 1. The supervisory signal at a constantly attended location is not requires where the duct smoke detector activates the building's alarm—indicating appliances. 2. In occupancies not requires to be equipped with a fire alaiut system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Duct smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. Section 907.4; add a second paragraph to read as follows: Manual alaiui actuating devices shall be an approved double action type. Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All initiating circuit conductors shall be Class "A" wired with a minimum of six feet separation between supply and return circuit conductors. IDC — Class "A" Style D; SLC - Class "A" Style 6; NAC - Class "B" Style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired Class B, Style B provided the distance from the addressable device is within 10-feet of the suppression system device. Section 907.9.2; change to read as follows: Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 15 566273.v l 907.9.2 High-rise buildings. In buildings that have any floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access that are occupied for human occupancy, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. Add Section 909.1 to read as follows: 909.1 Scope and Purpose. This section applies to mechanical or passive smoke control systems when they are required for new buildings or portions thereof by provisions of the 2006 International Building Code or this Code. The purpose of this section is to establish minimum requirements for the design, installation and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke- and heat- venting provisions found in Section 910. Mechanical smoke control systems shall not be considered exhaust systems under Chapter 5 of the 2006 International Mechanical Code. Add Section 909.1.1 to read as follows: 909.1.1 Supersession of 2006 International Building Code. This code adoption formally supersedes the amendment to Section 404.1 of the 2006 edition of the International Building Code and restores the original definition of an "Atrium" to read as follows: ATRIUM. Means an opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning and/or other equipment, which is closed at the top and not defined as a "mall." "Stories," as used in this definition, does not include balconies within assembly groups or mezzanines that comply with Section 505 of the 2006 International Building Code. This hereby requires mandatory compliance with Section 404 of the 2006 edition of the International Building Code. Section 910.1; Amend exception 2 to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 16 566273.v1 4. Where areas of buildings are equipped with early suppression fast- response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas Section 910.2; Add subsection 910.2.4 and exceptions to read as follows: 910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exceptions: 1. Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. 3. Buildings of noncombustible construction containing only noncombustible materials. Table 910.3; Change the title of the first row of the table from "Group F-1 and S- 1" to include "Group H" and to read as follows: Group H, F-1 and S-1 Section 910.3.2.2; Add second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees (F) (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. Section 913.1 — Add second paragraph and exception to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. — 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 17 566273.v 1 Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the coiiidor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1. Add Section 1007.2.2 to read as follows: Where elevators are provided in buildings at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoist way door frame. Exceptions must be approved by the Fire Marshal's office. Section 1008.1.3.4; change to add criteria#7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Section 1017.1; change to add an exception#5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic fire alarm system with corridor smoke detection. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to the building's fire alarm system where such a system is provided. Section 1019.1.8; change to read as follows: 1019.1.8 Smoke proof enclosures. In buildings required to comply with section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access or more than 30 feet (9144 mm) below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with section 909.20 of the International Building Code. Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 18 566273.v1 Section 1020.1.7; change to read as follows: 1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405 of the IBC, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16 764 mm) above the lowest level of fire. . . {remainder of section unchanged). Section 1028.2; change to read as follows: 1028.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. Security devices affecting means of egress shall be subject to approval of the fire code official. Section 1504.4; change to read as follows: 1504.4 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system ... [remainder of section unchanged). Section 2204.1; change to read as follows: 2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel- dispensing facilities shall be in accordance with the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2204.3. At any time the qualified attendant of item #1 or #2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2204.3. Section 2302; change to add a second paragraph to the definition of "High-Piled Combustible Storage" to read as follows: Any building exceeding 6,000 sq. ft. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. Table 2306.2; replace text of"footnote j"to read as follows: Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 19 566273.v1 j. Where areas of buildings are equipped with early suppression fast- response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. Add Section 2703.3.1.4.1 as follows: Section 2703.3.1.4.1 Cost Recovery. The city is authorized to clean up, abate or mitigate the effects of any hazardous material deposited upon or into any property or facilities within the limits of the city. Any person causing deposit or failing to provide cleanup, abatement or proper mitigation of such deposits shall be liable for the payment of all costs incurred by the city as a result of such cleanup, abatement or mitigation activity. The remedy provided by this section shall be in addition to any other remedies provided by law. For the purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including, without limitation, workers' compensation benefits, fringe benefits, administrative overhead; costs of equipment operation; costs of materials obtained directly by the city; and cost of any contract labor and materials. Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling, assembling, transporting, receiving, keeping, offering and use of fireworks are prohibited. Exception: Only when approved for public fireworks displays, storage and handling of fireworks as provided in section 3304 and 3308 and chapter 46, article IV of the Code of Ordinances. Section 3302; change the definition of"fireworks" to read as follows: Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Section 3308.1; change to read as follows: 3308.1 General. The display of fireworks is prohibited, except as allowed by chapter 46, article IV, section 46-117 of the Code of Ordinances. Section 3403.6; add a second sentence to read as follows: An approved method of secondary containment shall be provided for Ordinance No.2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 20 566273.v I underground tank and piping systems. Section 3404.2.11.5; add a second sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in section 3404.2.11.5.3. Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum six inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four sumps. Sampling tubes shall be placed in the product line excavation within ten feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. Delete Section 3406.5.4.5 and replace with the following: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. All buildings, structures, and appurtenances on site and their use or function; Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 21 566273.v1 b. All uses adjacent to the property lines of the site; c. The locations of all storm drain openings, adjacent waterways or wetlands; d. Information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The code official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling operator requirements. 1. The owner of a mobile fueling operation shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and local, state and federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on three sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet(30.48m) in length. 7. Absorbent materials, non-water absorbent pads, a ten foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum five- gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resettings of the limit switch. Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 22 566273.v1 Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the code official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Nighttime fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The code official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 23 566273.v1 Section 3804.2; add an exception #2 and #3 to read as follows: 3804.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) (see section 3 of the Sample Ordinance for Adoption of the International Fire Code on page v). Exceptions: 1. In particular installations, this capacity limit shall be deteiiiiined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department. 2. Except as permitted in 308.3, 3804.3.2 and exception #3 below, LP-gas containers greater than 25 gallons are not peiiititted in residential areas. 3. LP-gas containers greater than 60 gallons are not permitted in MH Districts (mobile and manufactured housing), as defined by zoning codes. Add Section 3804.3.2 to read as follows: 3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available, LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall be located underground only and may not exceed 250-gallon water capacity. See Table 3804.3 for location of containers. Appendix D, Fire Apparatus Access Roads, is amended as follows: D 103.1 Access Roads with a Hydrant and Figure D 103.1 Dead-end Fire Apparatus Access Road Turnaround. Each reference to "26 feet" or "26' " are changed to be "24 feet" or "24' " respectively. The reference to "(7925 mm)" is changed to be "(7315 mm)". Table D103.4 Requirements for Dead-end Fire Apparatus Access Roads. Each reference to 20 feet contained in the width column is changed to 24 feet. D103.5 Fire Apparatus Access Road Gates. #1 is amended to read: "1. The minimum gate width shall be 24 feet (7315 mm)." Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 24 566273.v1 Appendices A and C: delete in their entirety Sec. 46-43. Resolution in event of conflicting provisions. To the extent there is any conflict between the International Fire Code and the City of Wylie Water and Sanitary Sewer Design Manual, as amended, the provisions in the Water and Sanitary Sewer Design Manual shall control. (Ord. No. 2004-22, § 4, 6-8-2004) Sec. 46-44. Penalty. Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. No. 2004-22, § 10, 6-8-2004) Secs. 46-45--46-60. Reserved." SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 25 566273.v1 SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 261" day of January 2010. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—February 3, 2010 Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 26 566273.v1 Elevator Cost Only Comparison ADA IBC/EMS % increase 2-story $42,000 $46,000 9.52% 4-story $67,000 $72,000 7.46% ........................................................................................................................................................................................................................................................................... $80,000 $70,000 $60,000 $50,000 $40,000 �� ���,���a ADA $30,000 "«�""" �`"M„ ' �" IBC/EMS $20,000 $10,000 $0 2-story 4-story MEANS OF EGRESS 5. Areas of refuge are not required at exit stairways serv- One approach is for the fire-resistance-rated stairway ing open parking garages. enclosure to afford the necessary safety. To accom- plish this, the landing within the stairway enclosure The fundamental condition for a stairway to function as must be able to contain the wheelchair.The concept is part of an accessible means of egress is for the stair- that the person in the wheelchair will remain on the way to be wide enough to enable an assisted evacua stairway landing fora period of time awaiting further in- tion. structions or evacuation assistance; therefore, the Sufficient width is accomplished by requiring the stairway landing must be able to accommodate the stairway to have a minimum clear width between wheelchair without obstructing the use of the stairway handrails of 48 inches (1219 mini).This dimension is by other egressing occupants. An enlarged, sufficient to enable two or three persons to carry the story-level landing is required within the stairway en- person in a wheelchair up or down to the level of exit closure and must be of sufficient size to accommodate discharge where access to a public way is afforded. the-number of wheelchairs required by Section The exit stairway,in combination with an area of ref 1007,6:1 [see Figure 1007.3(1)]. uge,can provide for safety from fire in one of two ways. The other approach is to utilize a stairway that is ac- MAINTAIN MINIMUM REQUIRED PROVIDE INSTRUCTIONS AND CLEAR EGRESS WIDTH TVVO-WAY COMMUNICATION (SECTIONS 1005.1,1009.1&1017.2) (SECTIONS 1007.6.3&1007.6.4) -» �1 1 - - _ J �♦. -' - 30'x 48"WHEELCHAIR SPACE(SECTION 1007.6,1) /' /~ / PROVIDE SIGNAGE / (SECTIONS '- 1007.6,1007.6.5 t' � 4`Rod ,`t 1 1007.7&1110.3) / i 48"MINIMUM p'� ` tt r DOWN For SI: i inch=25.4 rrrn. Figure 1007.3(1) ACCESSIBLE MEANS OF EGRESS STAIRWAY WITH ENLARGED STORY-LEVEL LANDING 2006 INTERNATIONAL BUILDING CODE.COMMENTARY 10-29 MEANS OF EGRESS cessed from an area of refuge complying with Section therefore, is protected from fire.Any stairway located 1007.6. Under this approach, the stairway is made within the horizontal exit discharge area constitutes an safe by virtue of its access being in an area that is sep- accessible means of egress. However, for both sides arated and protected from the point of fire origin. An of the horizontal exit,the exit stairway and the exit door area of refuge can be created by constructing a vesti- through the horizontal exit must meet the separation bule adjacent and with direct access to the stair enclo- requirements in Section 1015.2. sure in accordance with Section 1007.6 [see Figure Exceptions may be combined. Note that this section 1007.3(2)].This is similar in theory to the approach of is for exit stairways only, not exit access stairways. an enlarged landing within the stairway enclosure. Exception 1 is in recognition of the unenclosed exit In the case of a horizontal exit [see Figure stairways permitted by Section 1020.1;therefore,the 1007.3(3)],each floor area on either side of the exit is same exit stairway that serves the ambulatory occu- each considered a refuge area(see commentary,Sec- pants in the building can also serve as part of the ac- tion 1021.1)by virtue of the construction and separa- cessible means of egress. If the building is not tion requirements for horizontal exits. The discharge sprinklered,an area of refuge and 48-inch(1219 mm) area is always assumed to be the nonfire side and, clear width on the stairway would still be required. MAINTAIN MINIMUM REQUIRED CLEAR EGRESS WIDTH (SECTIONS 1005.1 &107.2) SMOKE BARRIER AREA OF REFUGE ,[(SECTION 709) I 30"x 48" �,� WHEELCHAIR SPACE //' (SECTION 1007.6.1) I III I Illl I / I / 1111 1 III! i Or 2i2' F r + / ACCESSIBLE ROUTE WITH z MANEUVERING CLEARANCE ; 7 AT DOORS v —PROVIDE SIGNAGE tt « t. . I 1 . 48" 5 (SECTIONS 1007.6.5,1007.7 a 1110,3) •it a I , , ' r MIN. % IF 0 7 PROVIDE INSTRUCTIONS AND CATION 1� (SECTIONS 00WAY 7,E 3i&1007.6.4) // / F//////////////1/&/1/!// /2/f/ 17)112/1/1//// For SI: 1 inch=25.4 mm. Figure 1007.3(2) ACCESSIBLE MEANS OF EGRESS STAIRWAY ACCESSED FROM AN AREA OF REFUGE 10-30 2006 INTERNATIONAL BUILDING CODE.COMMENTARY Gayle Walton Fnmrn: SveUoo. Kumaresan [Kum aranan.SveUoo@ods.uom] Sent: Monday, January 18. 2U1UU:32AyW To: StavaSaddig Subject: RE: Elevator Good morning, Based nn the following assumption below are the costs: Ho|m|mee Elevator( 2 stops) 2 stops, 14' rise, 100fpm speed, 20O8 #elevator side opening door, with basic PLAM cab interior finish, baked enamel hointway door, approximately $ 42,DOU. 2o<ops. 14riso. 100fpm speed, 3500 #elevator side opening door ( meet IBC 20O0). with basic PL4K3 cab interior finish, baked enamel hoistway door, approximately $ 46,000. Holed Elevator ( 4 stops ) 4 stops, 42' rise, 100 fpm speed, 2000 #elevator side opening door, with basic PLAM cab interior finish, baked enamel hoinhway door, approximately $ GT,O00 4ohupn. 14rise, 100 fpm speed 3500 #elevator side opening door( meet IBC 2006), with basic PLAM cab interior finish, baked enamel hoiatway door, approximately$72.0DO. The cost shown above are based on plain Jana elevators and the holed hydraulic elevator cost is dependent on the drilling of the well hole as well. If the soil report shows rock and water table, then the ouat will go up. Thanks and hope the above helps. Kumar. From: Steve Seddk] [mailto�steve.seddig@wy|ietexas.gov] Sent: Monday, January 18, 2010 9:14AM To: Sve|loo, Kumaresan Subject: RE: Elevator lve}(oo' | need a little more information. What is the base costs total estimated cost for a 20001b elevator that meetxADA? What is the base cost total estimated cost for an35OD|h elevator that meets IBC ZOO6? Thank you, Capt. Stone Seddig Firw ,Wmrnha[ Wylie Fire Rescue Office (972) 429-0795 Paz (972) 429-0794 From: Svelloo, Kumaresan [mailto:Kumaresan.Svelloo@otis.com] Sent: Friday, January 08, 2010 9:53 AM To: Prevention Subject: FW: Elevator Steve- 6 had corn in lieu of gov in the email. Regret for the inconvenience, Kumar From: Svelloo,Kumaresan Sent: Thursday,January 07,2010 11:50 AM To: 'prevention@wylietexas.com' Subject: Elevator Steve, Good talking to you. The minimum size elevator that will meet ADA requirement is a 2000 lb elevator. The minimum size elevator that will meet IBC 2006 , stretcher requirement is a 3500 lb elevator. The price difference between a 2000 and 3500 lbs is approximately$10 — 12K depending on the options selected by the end use. There are many other variables that also need to be taken into account, e.g. speed, cab interior finish out, type of fixtures etc. Hope this helps. If you need any further clarifications, feel free to contact me. In addition, I have attached a write up on the stretcher requirement. Kumar S. Velloo Otis Elevator Company New Equipment Manager Dallas, Texas Phone: 214.658.6935 Mobile: 214.878.7064 <<Otis Stretcher Letter- Revised 10-5-07(3).doc>> 2 7 Wylie City Council d CITY of WYLIE AGENDA REPORT Meeting Date: January 26, 2010 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/16/09 Budgeted Amount: Exhibits: Six Subject Consider, and act upon, direction to select thenext neighborhood(s) for the Neighborhood Planning A.C.T.I.O.N.Plan and the Sidewalk Improvement Plan. Recommendation Motion to select the as the next neighborhood(s) to participate in the Neighborhood A.C.T.I.O.N. Plan. Discussion Since its inception in July of 2007, we have implemented the Neighborhood A.C.T.I.O.N. Plan in three communities. The AC.T.I.O.N. Plan is the tool by which residents and stakeholders are afforded an opportunity to work together in addressing the community's issues by means of Accountable Communities Through the Involvement of Neighborhoods (A.C.T.I.O.N.). The JM Butler Addition was chosen by Council as the initial neighborhood for the A.C.T.I.O.N. plan. The second and third neighborhoods selected were the Bostic and Southside Additions. The Southside Addition primarily fronts South Ballard Avenue. Although no property owners or residents attended the meeting or responded with interest, significant progress is underway in the area with the newly created South Ballard Overlay District. The Bostic Addition was a very successful plan. Property Owners and residents alike attended and offered very informative and positive dialogue. Accomplishments (See Exhibits B, C, D & E for more details) • JM Butler Addition: Installed a concrete flume to alleviate drainage problems • Southside Addition: No interest shown by residents, but actively pursued code issues in the area. • Bostic Addition: Initiated sidewalk program to install new or replace and repair unsafe sidewalks. CONSIDERATION: Staff is requesting direction to move forward with the next neighborhood(s) to participate in the A.C.T.I.O.N.' Plan. Staff's recommendations are based not only on those neighborhoods that are part of the overall A.C.T.I.O.N. area, but those that would also benefit from the sidewalk program adopted by Council March 10, 2009. Pagel of2 Page 2 of 2 The following neighborhoods are staff's recommendation. 1. Keller's Second Addition bordered by Marble Street to the north, D.A.R.T Railroad to the south and east, and those lots facing east along Cottonbelt to the west. The Keller's Second Addition was platted in the 1960's as a residential subdivision. CCAD lists the earliest structure built as 1931. The breakdown of the area consists of 39 residential occupied dwellings, 2 vacant properties zoned for Multi-Family use. More than 80% of the lots do not have sidewalks. 2. Railroad North Addition bordered by S.H. 78 to the south and east, Brown Street to the north, and Ballard Avenue to the west. CCAD lists the earliest structure built as 1900. The breakdown of the area consists of 28 residential occupied dwellings, 23 commercial properties and 15 vacant lots. 50% of the lots do not have sidewalks. A majority of the sidewalks north of Jefferson along Ballard are in poor condition. Four substandard structures have been demolished within the past two years. Eight (8) properties have been issued remodeling permits within the past year. All lots are part of the Downtown Historic District zoning category with the exception of approximately eight lots. 3. Brown & Burns Addition bordered by North Ballard to the east, Cotton Belt Avenue to the west, the north facing lots along Marble Street to the south and those lots facing south along Brown Street to the north. The Brown & Bums Addition was platted in the 1960's as primarily a residential subdivision. Portions of the subdivision are within the Downtown Historic District. The breakdown of the area consists of 41 residential occupied dwellings, 11 commercial properties and 7 vacant lots. 65% of the lots do not have sidewalks. 20% are in good shape, but are not adequately sized to accommodate a walkable community. 4. Railroad South Addition bordered by S.H. 78 to the north, Butler Street to the south, Ballard Avenue to the west, and Fifth Street to the east. CCAD lists the earliest structure built as 1930. The breakdown of the area consists of 72 residential occupied dwellings, 21 commercial properties and 19 vacant lots. One substandard structure has been demolished. More than 90% of the lots do not have sidewalks. 5. Fairview Addition those lots along Second Street bordered by Butler Street to the north, Park Street to the south. This subdivision is adjacent to the Bostic Addition which was part of the A.C.T.I.O.N. Plan in 2008/2009. The Fairview Addition was platted in the 1960's consisting of 34 residential lots. CCAD lists the earliest structure built as 1950. 40% of the lots do not have sidewalks. Staff is requesting that Council evaluate the data and give direction as to the next neighborhood or neighborhoods to implement the A.C.T.LO.N. Plan process. Upon the selection of the preferred neighborhood, staff will mail letters introducing the program and inviting those residents to an initial meeting (date to be determined). Approved By Initial Date Department Director RO 12/16/09 pin City Manager 1 PIN 17 ............... 1p Hsi RIM it S1,et Marble MI Will A En -an fil 11004 ,QW? UK 1W FTM Ito Mae or ........................ - LEGEND| Russell Addition q Butler Addition 2 Brown& Burns Addition lO Lovon Terrace Addition 3 Wel|er'o Second Addition ll Fairview Addition 4 KeUer'o First Addition 12 Bostic Addition 5 Railroad Addition 13 Wy|woodAddition b Calloway Addition 14 Eldridge Addition 7 Sou1huideAddUion 15 Caldwell Estates Addition 8 J.M. Butler Addition lb Holiday Terrace Addition---------------------------------------- x~-�U�-��� x~-��� U U �� ``_~" " " ~_� " � � " �-" �- «�-~ T. U x~-� N . �.^� �� �� [/TYOp\�vz�� � ~~ `�-~ ~ � ~ � ~ `�-~ ~ � � ~ � ~' �^ `� DATE: roBRoAn, 2007 KELLER'S 2nd ADDITION I,F,EM ECOND•TAX I.D. Pam[f ERTY OWNER ADDREBOW N,ER CITY/ST p N OWNEfEJ 21 STRUCTURE TYPE EXTERIOR CONIXTION SIDEWALK COMMENTS 1 WgM/ YEAR STRUCTURE ResiderYletComllerclW 0P4he11c6100/0 Woodor GoodrFelr/ Good/NW BUILT IMustrlol Masann pr Poor 1 R•2130-009-0010-1 BRUNDIDGE DAVID W 109 N KEEFER CR WYLIE,TX 75008 109 N KEEFER DR _ 0 19831 R W 0 S/d___C 990/790 2 R-2130-009-0020.1 ANDERSON DONALD K&JENNIFER 7047 BLYTHE VIEW RD ATHENS,TX 75752 107 KEEFER N R 19551 R W 0 • 1 POOR 3 R-2130-009-0030-1 ELLENBURG CURTIS R 105 N KEEPER DR WYLIE,TX 75098 105 N KEEFER DR 0 1980 R M G - 1(FAIR 4 R•2130-009-0O40-1 ELLENBURG CURTIS R JR&DONNA 5 103 N KEEFER DR WYLIE,TX 75098 103 N KEEFER DR 0 1981 R M ( 0 • 71GOOD 5 R-2130-009-0055-1 BRAMMER TODD D 6 KIM M 101 N KEEFER DR WYLIE.TX 75098 101 N KEEFER DR 0 1962 R M 0 1 36 IN0 SIDEWALK 6IR-2130-009-0050-1 HOPKINS MARY E 2325 WACO ST SAN ANGELO,TX 76901 300 OAK ST W R 1950 R W F 0 UT/1 rCoociltMn 7 R-2130-009.0070-1 MC DOWELL J H 49 WILUAM E MARTIN PO BOX 175 WYLIE TX 75090 102 COTTONBELT RD N R 1931 L R W F I 2 POOR 8 R•2130-009-0080-1 JENKINS SHIRLEY JOYCE 6 ANDERSON MELVA LOYj507 STONEYBROOK DR WYLIE TX 75098 104 COTTONBELT RD N R 19501 R M 0 8 FAIR 9 R-2130-009•-009A-1 MCCOY RODNEY M 6 SUSAN 106 N COTTCNBEL T AVE WYLIE TX 75099 106 N COTTONBELT AVE 0 19611 R U 0 - 29 G000 iD R-2130-009-010A-1 'GLENN J MARK 108 N COTTONBELT AVE WYLIE,TX 75098 108 N COTTONBELT AVE 0 19801 R M 0 11 R-2130-010-001A-1 FEAGIN MARK PO BOX 232 WYLIE,TX 75098 303 OAK ST R 19601 R W 0 12 R-2130-010-002E-1 MARK W FEAGIN 6 SUE ANN FEAGIN HARPER PO BOX Z32 WYLIE,TX 75090 301 OAK ST _ R _ 1950� W R W I G • 13 R•2130-010-0040-1 FEAGIN MARK PO BOX 232 WYLIE,TX 75090 100 ELLIOT ST R 1950, R W P • 14 R•2130-010-0060-1 ESOUIVEL MARTIN&MARIA D 105 5 COTTONBELT AVE WYLIE,TX 75098 310 ELLOPT ST R 1955 R W P - 15,R-2130-010-0070-1 ESOUIVEL MARTIN I.MARIA D 1059 COTTONBELT AVE WYLIE TX7509E 105 SCOTTONBELT AVE 0 1950 R W F • 16IR•2130-010-0080-1 DEAL JAMES J 6 BARBARA G DOZJER 4720 JUNIUS ST DPI I AA,TX 75246 103 SCOTTONBELT RD S R 1855' R W F • 171R•2130-010-009A-1 RULT JAMIE D 6 CORNIA 305 W DAX ST WYLIE TX 75099 305 W OAK ST 0 19451 R W F P 181R-2130-010.009B-1 MARTINEZ EPITACID Cfo JANIE MARTINEZ 307 W OAK 9T WYLIE TX 75099 307 W OAK ST _ 0 1931 R YY F f9 R-2138-011-0010.1 FOSTER MICKEY 1101 SURREY CIR WYLIE,TX75099 30E ELUOT ST R 1950 R W 0 - 20 R-2130-011-0020-1 MOSLENER MIKE&JANICE 11415 BRITTANY WAY ROCKWALL,TX 75087 206 KEEFER DR S R 1940 R W F • 21 R•2130-011.00RF1 ROBINSON CAROLYN ROGERS PO BOX 74 WYLIE,TX 75098 210 KEEFER R 1993 R W 0 _ 22 R•2130-Qh1.0040-1 MATHEWS JAMES R&LAURA PO BOX 723 WYLIE,TX 750E0 214 KEFFER ST S R 1977 R W G • 23 R-213-011-0050-1 GRACY CONNIE C PO BOX 822 WYLIE,TX 75008 209 COTTONBELT RD R 1955 R i W G - 24 R-2130.011.0060-1 GRACY HASKEL C 205 S COTTONBELT AVE WYLIE.TX 75096 205 S COTTONBELT AVE 0 1950 R W 0 25 R-2130-011-0070-1 GT CONSTRUCTION INC 510 QUAIL CREEK BLVD WYLIE,TX 75090 203 COTTONBELT RD S R 1931 R W 0 - 26 R•2130-011-008A-1 HERNANDEZ LUIS G 201 S COTTONBELT AVE WYUE.TX 75098 201 S COTTONBELT AVE 0 1955 R i W 0 • 27 R•2130-011-008E-1 VALLEJO NARCE 311 ELLIOT ST WYUE,TX 7509E 311 ELLIOT ST 0 1950 R W G - 28 R-2130-012-0010-1 LEMONS PATRICIA SUE 301S COTTONBELT AVE WYUE,TX75008 301 6 COTTONBELT AVE 0 1964 R I W G • 29 R•2130-012-003A-1 PARKER R RICHARD PO BOX 307 WYUE,TX 75098 BLK 12 LOT 3A 3B 3C 8.4 R V 30 R•2130.012-0050-1 PARKER R RICHARD PO BOX 307 WYLIE.,TX 75098 1M6 COTTONBELT RD R V j • - 31 R•2130-012-0080-1 BAILEY STEPHANIE L 6 DAVID T 204 5 COTTONEELT AVE WYUE,TX 75098 204 S COTTONBELT AVE 0 1882 R 1 M 0 - 32 8-2130-012-0090-1 LAW KRISTOPHER G 6 LAW JAMI L 2E 2 S COTTONBELT AVE WYUE,TX 75098 202 S COTTONBELT AVE 0 1940 R It SS 0 MAJOR REMODEL 33 R-2130-012-0100-1 FORTENBERRY DON&JACKIE PO BCX 1324 DENISON,TX 75021 200 COTTONBELT RD S R 2007 R 1 W 0 • NEW DWELLING 2007 34 R-2130-012-0110-1 POI IHR GLENDA ETAL 1065 COTTONBELT AVE WYLIE,TX 75008 106 S COTTONBELT AVE 0 2001 R j Si 0 0�- , 35 R•2130-012-0120-1 OVARI ANTAL 104 COTTONBELT AVE WYLIE,TX 7509E 104 S COTTONBELT AVE R 1960 R 13 NEW DWELLING 35 R•2130-012-0130-1 ANDERSON KEITH 7047 BLYTHE VIEW RD ATHENS,TX 75752 102 5 COTTONBELT RD R 1984. R M 0 F 37 R•2130-012-0140-1 MONTGOMERY HAROLD 100 S COTTONBELT AVE WYLIE,TX 750E8 100 S COTTONBELT AVE 0 1960 R W F 38 R-2130.012-0150-1 SALMANS R W&TAMA K 101 N COTTONBELT AVE WYLIE,TX 75098 101 N COTTONBELT AVE 0 2001 R M G G 39 R-2130-012-0160-1 SWANER AMYL 103 N COTTONBELT AVE WYUE,TX 75095 103 N COTTONBELT AVE 0 I 19521 R W 1 G 40 R-2130-012-0170.1 TURNER EDITH 105 N COTTONBELT AVE WYLIE.TX 75090 165 N COTTONBELT AVE 0 I 19561 R W 0 _ 41 R•2130-012-0180-1 MILLER LIVING TRUST MILLER BILLY B 6 RUBY N ET 107 N COTTONBELT AVE WYLIE TX 75098 107 N COTTONBELT AVE 0 1045 R I- W 0 - L I 38 Total RasltlrrrAlal 0 Total Comnsersla! 1 I 0 Total Industrial 7ITotal Vacant 1 411 Total 4 of Lots ... RAILROAD NORTH ADDITION RAILROAD NORTH-TAX LP.* PROPERTY OWNER NAME PROPERTY LOCATION _OWNER/ 8 STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER N YEAR STRUCTURE ResidentialiCammerciad Synthetic Sldina/Wood Good/FaIrl 0o0d/Fair/ BUILT Industrial/Vacant Masonry/Other Poor Poor / R-1039-002-001 0-1 LOUIS TURNER 504 E.BROWN STREET 0 1 1945 R S 0 0 Sidewalk Condition 2 R-1 169-002-004A CHAD WALLACE 502 E BROWN STREET R 1955 R S F G 4 POOR 3 R-1 1 a:4102-004B ...MATTHEW 0130NALD 410 E.BROWN STREET 0 11356 R M G G 3 FAIR 4 R-1169-003-0060-1 KARAN ASSOCIATES WO BROWN ST E R 1975 C M G G Nursing Home Facility 20 GOOD 5 R-1189-004-0060-1 ..,MARTIN ROCHA 300 2J,ID ST IN R 1967 R W G - 29 NO SIDEWALK 6 R-11 69-004-00713-1 RR KREYMER 302 N.SECOND STREET 0 1850 R $ 0 - Exterior Condition 7,F-1159-004-00813-1 JW CANTRELL 304 2ND ST N R 1964 R S F - Appears to have foundation problems I POOR 8 R-1189-004-0090-1 TRACY BRURING 306 2ND ST R 1950 V - Demo 2000 12 FAIR .,. 9 R-1169-004-0100-1 TALLANT RENTALS,LLC 306 2ND ST N R 1955 V - Demo 2000 38 GOOD ID,R-1169-005-0010-1 .VIOLET BLACK 309 2ND ST R 1950 R S s . II R-1189-005-0020-1 JUDY EAVES 307 N.SECOND STREET 0 1955 R W F - Non-Conforming Accessory Bldg 12 R-1169-005-0030-1 NATHAN COUINCI L 305 N.SECOND STREET 0 1950 R W F - Remodel al eterior/porch _ _ 13 R-11 69-005-0040-1 DAVID TYLER 303 2ND ST N 1958 R W F - Gravel Drive /4,R-11 89-005-0050-1 CHEREE CISNERO 301 2ND SIN R - 1948 R S G - /5 R-1169-005-0060-1 JERILYN STARING CIO MARTHA COX 201 JEFFERSON ST E R _ 1951 R W G - 10 R-11 69-005-0079-1 TALLANT RENTALS.LLC 302 1ST ST N R 1955 R W F - 17 R-1169-0OS-0080-1 JASON BURROFF 304 N.FIRST STREET 0 1956 R S 0 - 18 R-1169-005-009A-1 BOBBY MITCHELL 306 1ST ST N R 1977 R M 0 - 19 R-1169-005-009R-1 RHONDA MONTGOMERY 905 N.FIRST STREET 0 2004 R M G - [Mill Development 20,R4169-006-0010-1 CORNERSTONE BAPTIST CHURCH 305 1ST ST N R — 1950 R W G - 21 R-1189-006-0030-1 PENTECOSTAL CHURCH 1ST ST N,BLK SLOTS R - C W G Church 22 R-1189-006-004A-1 WINSTON WATKINS 301 1ST ST R _ 1900 R S G - 23 R-1169-006-604B-1 KRISTIE PURVIS 303 1ST ST N R 1970 R S G . 24 R-1169-006-0050-1 T&J ASSOCIATES 302 BALLARD AVE N R 1900 R W G F . 25 R-1 1139-006-007A-1 JAMES PARKER 3135 N.BALLARD AVENUE 0 1950 R W 0 P 20 R-1169-008-0078-1 GRP LOAN,LLC 304 BALLARD AVE N R . 1950 R S 0 P ., 27 R-1169-008-0090-1 DON HOLLENSHEAD 308 BALLARD AVE N R 1956 R W F P 28R-1169-0GB-010A-1 WS REUTHINGER 310 BALLARD AVE N R 1956 V W P Demo 2007 29 R-11169-008-010B-1 MILDRE EAVES 100 E.BROWN STREt i V Demo 2007 30 R-1169-007-0080-1 VVT GARDNER 200 BALLARD N R 1958 C W a - 31,R-1188-0013-001A-1 RO MARTIN 207 2ND ST R 1960 R W F - 32 R-1169-008-001B-1 „,BARBARA JETTON 209 2ND ST R 1950 R 5 F - 33 R-1169-003-009A-1 FIRST BAPTIST CHURCH WYLIE 208 1ST ST R 1960 R W F - 34,R-1169-009-0010-1 GEORGE WEATHERFORD 303 MARBLE ST E R 1978 C W P - Tin Roof,Wylie Muffler,Gravel Drive 35,R-1 169-000-0050-1 J&K PROPERTIES,LTD. 301 MARBLE ST E R - - - -V - 36 R-1 169-009-00601 J&K PROPERTIES,LTD. 202 2ND SIN .. -R V , - 37 R-1 1139-009-1X)70-1 KC SWAYZE 204 2ND ST N R 196D R M G 38 R-1169-039-0080-1 KC SWAYZE 2i/8 2ND ST R - 1955 R M 0 - ,Wood Shingles on 2nd shay. 30 R-1169-016-0380-1 CYNTHIA CONOLY 300 MARBLE E R 1903 C M 40 R-1169-007-0010-1 FIRST BAPTIST CHURCH WYLIE 1ST ST,BLK 7 LOT 1&2 R - V ,Vacant 41 R.1169-007-0030-1 FIRST BAPTIST CHURCH WYLIE 205 1ST ST R 1999 V Vecan: .. . 42 R-1169-1307-004A-1 FIRST BAPTIST CHURCH WYLIE 100 N,FIRST STREET - V Vacant 43 R-1169-007-00411-1 FIRST BAPTIST CHURCH WYLIE 201 1ST ST R - V . Vacant 44 R-1169-010-0010-1 GEORGE WEATHERFORD 3RD S.T R „ - V Vacant 45 R-1189-017-0010-1 FIRST BAPTIST CHURCH WYLIE 100 1STSTN R , - V Vacant 46 R-1169-01e-0o10-i ,FIRST BAPTIST CHURCH WYLIE 111 1STSTN R , - V Vacant 47 R-1169-018-0020-1 FIRST BAPTIST CHURCH WYLIE 109 1ST ST N R - V Vacant RAILROAD NORTH ADDITION RAILROAD NORIH-TAX I.D.it PROPERTY OWNER NAME _PROPERTY LOCATION OWNER/ B STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 2Q YEAR STRUCTURE Residential/Commercial/- Synthetic Siding/Wood Goad/Fair/ Good/Fair/ BUILT Indus 'al/Vacant Mason /Other poor Poor 48 R•1169-018-0038-1 FIRST BAPTIST CHURCH WYLIE 1051STSTN R - C _ M 0 G 49 R•11€9-018-0050-1 FIRST BArUSI CHURCH WYLIE 1011STSTN R - C M G G 50 R-1169-018.007A-1 LADYLIKE SHOP,INC 102A BALLARD ST N R 1910 C M 0 0 51 R-1169-018-007C-1 PETER KO 100 BALLARD ST N R - 1903 C M G G 52 R-1169-018-007D-1 ROBERT HEATH 102E BALLARD ST N R 1930 C M 0 G 1 53 R-1169-018-010B-1 LADYLIKE SHOP,INC. ,104 BALLARD ST N R - _ C M 0 _ 0 i 54 R-1169-016-010C-1 LADYLIKE SHOP,INC. 102C BALLARD ST N R 1930 C M _ G 0 _ 55 R-1169-018.011A-1 ROBERT HEATH 4 108 BALLARD ST N R 1830 C M G 0 56 R-1169-018-0120-1 CHAD ENGBROCK 110 BALLARD ST N R 1950 C M 0 0 57 R-1169-018-0130-1 OARY BOWLAND 4 112 BALLARD ST N R _ 1930 C M G 0 56,R-1189-016-0140.1 MARY PARKER ESTATE,GO SHARON POLLOCK ,114 BALLARD ST N 4 R _ 1900 C _ M G G 59 R-1189-016-0170-1 ANN YOUNG 122 BALLARD ST N R 1930 C M G 0 60 R•1169-018-017B-1 PATRICIA BRAST 130 BALLARD ST N R 1975 - C _ M G _ G 61 R-1169-019-0010-1 FIRST BAPTIST CHURCH WYLIE 104 OAK ST E R - C M G G 62 R-1169-019-0020-1 BILLY CONKLE 101 BALLARD ST S R 1940 C M G 0 63 R•1169-019-0030-1 4 ANTHONY BOYD _103 S.BALLARD AVENUE 0 1950 _ C M G G 64 R-1169-019-0040-1 FIRST BAPTIST CHURCH BALLARD STREET W BLOCK 19 LOT 4 5 R - V Vacant 65 R•1169-019.0080-1 REEZIN SWII I FY BALLARD ST R - C 0 F _ F 66 R1169.019-0079-1 REEZIN SWILLEY 105 BALLARD ST S R 1920 C 0 F ... 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ZIaQ % tR :; gzg : P7.: : z13 .1; 2a 'Azi: : : :: :-.: 2 : ; ; _ ri .i .m, u ;. :417.,, FAIRVIEW ADDITION ` FAIRVIEW ADDITION-TAX I.D.itPROPERTY OWNER NAME PROPERTY OWNER ADDRESS OWNER CITY/ST PROPERTY LOCATION OWNER/ 23 YEAR STRUCTURE TYPE s EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 11 STRUCTURE Resklenda lCommerval/ SIdIna/Wood GoodlFalrt Good/Falr/ BUILT Industrial or Masonry Poor Poor 1 R-1162-000-0O10-1 BILLY J DAVIS%VALUE CAVERLEY 300 2ND ST S WYLIE,TX 75096 300 2ND ST 5 0 _ - 1965 R W G • LOTS 1&2A Sidewalk Gandhian 2 R-1182-000.0028-1 CHERYL DEATON 302 S 2ND ST ,WYLIE,TX 75098 302 S 2ND ST s 0 _ _ 1963 R M _ G - LOTS 2B&3 7'POOR 3 R-1162.000-0040-1 JOYCE LEWIS 304 S 2ND ST WYLIE,TX 75098 304 S 2ND ST 0 1970 R , M G F LOTS 4&6A 10 FAIR , 4 R-1162-000-0056-1 HARROUN MOORE 306 S 2ND ST „WYLIE,TX 75098 306 S 2ND Si 0 1953 R W G F LOTS K 5&6 9 GOOD 5 R-1162-003-0070-1 ROXANNE MATLOCK 308 S 2ND ST WYLIE,TX 75098 308 5 2ND ST 0 1965 R W G F 14 INO SIDEWALK 6 R-1162-096-0080-1 ALLEN WESTtk 310 S 2NO ST ,WYLIE,TX 75098 310 S 2ND ST - 0 1964 R V! G P Exterior Condition 7 R-1162-060-0090-1 ROBERT WALLINGFORD 3146 NEWCA.STLE DR DALLAS,TX 75246 312 5 2ND ST R 1964 R W G F 0 POOR 8,R-1162-000-0100-I ROLAND MCDONALD 314 S 2ND ST ,WYLIE TX 75098 314 S 2ND ST 0 - 1964 R W , G F 1 FAIR 9 R-1162-000-0110-1 DORIS SILVER 316 5 2ND ST WYLIE,TX 75098 316 5 2ND S7 0 1964 R s W G F 33 GOOD, 10 R-1162-0000120-1 TAMMY SANDERS 318 S 2ND ST WYLIE,TX 75098 318 S 2ND 5T 0 1984 R W G F _ 11 R-1162-000-0130-1 WIRY J SCHENK 320 S 2ND ST WYLIE,TX 76098 320 S 2ND ST 0 , _ 1968 R - W G F 12 R-1162-000-0140-1 GREGORY LOMBARDI 322 5 2ND ST WYLI TX 75098 322 S 2ND ST 0 1665 R W G - LOTS 14 6 15A 13,R•1162-000-015B-1 NEWTON BRYANT P O BOX 305 ,WYLIE,TX 75098 ,326 2ND ST 5 _ R 1964 R W F - LOTS 156 AND 16 14 R-1162-000-0170-1 STIRRERS LIVING TRUST 328 9 2N13 ST WYLIE,TX 75098 328 S 2ND ST 0 1968 R W G - 15 R•1162-000-0180-1 MARY KAY LEIDY 608 SHADYGLEN DR ALLEN,TX 75902 330 2ND ST 5 R I 1954 R M G , 16 R-1162-000-0190-1 HARRY M MOON SR 301 5 2ND ST WYUE,TX 75098 301 S 2ND ST _ 0 I 1964 R W G F - _ 7T R-1162.000-020-1 ,MIKE I tIRY 303 S 2ND ST WYLIE,TX 75099 _303 S 2ND ST 0 - 1964 R W G F 18 R-1152-000-0210.1 MARVIN D WHITE EfUX VIRGINIA ,305 S 2ND ST ,WYLIE,TX 75098 305 S 2ND ST 0 I 1961 R W G G 19 R•1162-000-0220-1 MABLE MARRY 307 5 2ND ST WYLIE,TX 75096 307 5 2ND ST O 1956 _ R M G G 20 R-1162-000-0230-1 CLARENCE&GENEVIEVE LUCAS 309 S 2ND ST WYUE,TX 75098 309 S 2ND ST s 0 1950 R W G G 21 R-1162-000-0240-1 ANNIE 6 NORMAN PIERCE 3226 SKYVIEW DR WYUE,TX 75098 311 2ND ST S R _ 1956 R W G G 22 R•1182-000-0250-1. BARBARA LEA CASEY 147 AUTUMN RIDGE TRAIL ROSWELL,GA 30076 313 2ND ST S R 1955 _ R W O G 23 R•1162-000-0260-1 KENNETH CLIFFORD CROWTHER 315 5 2ND ST WYUE,TX 75098 315 S 2ND ST 0 1961 R W G G 24 R-1162-000-0270-1 DONALD E WHITT 1130 CREEKWOOD DR GARLAND,TX 75044 317 2ND 5 - R 1960 R W G G , 25,R-1162-000-0280-1 BRANDON BLYTHE 1185 E FM 544 WYLIE,TX 75098 319 2ND ST 5 R 1965 R W G 29 R-1162-000-0290-1 ANTONIA 8 RENATO TORRES PO BOX 1333 WYLIE,TX 75098 321 2ND ST S _ R 1960 R W G G 27 R-1162-000-0300-1 ,PEDRO RAPES 323 S 2ND ST WYLIE,TX 75090 ,323 S 2ND ST 0 - 1965 R W G G 28 R-1 16 2-000 03 10-1 JENNIFER ANDERSON 7047 BLYTHE VIEW RD ATHENS,TX 75752 325 2ND ST 5 R 1861 R W G - 29 R-1162-000 1320.1 TERRY L TYLER ET AL PO BOX 1138 GREENVILLE,TX 75403 327 2ND ST S R 1964 R W G 30 R-1162.000-0330-1 AUBREY&INEZ TAYLOR 329 S 2ND ST WYUE,TX 75098 329 S 2ND ST 0 1960 s R W G - 31 R-1162-000-0340-1 ALVIN R BUSBY JR. 331 S 2ND ST ,WYLIE,TX 75098 331 S 2ND ST s 0 1964 R W G - 32,R-1162-000-0350-1 ,00IE LIVING TRUST HALL ,6512 HIGHWAY 78 SACHSE,TX 75049 333 2ND ST S R 1964 R W G - 23 R-1162-000-0362-1 B R BARE 335 5 2ND Si WYLIE,TX 75098 335 S 2ND ST 0 1950 R W G • 34,R-1162-000-0001-1 ROBYN E KING 337 S 2ND ST WYLIE,TX 75099 337 S 2ND ST 0 1955 R M G • LOTS/TR OUTLOT#1 r i 1 1 341Toto1 Resldemlal _ o ITolal Commercial - 0 I Total Indurlrlal I 0 I Total Vacant I 34 Totals of Lots I EXHIBIT " B " JM Butler Neighborhood A.C.T.I.O.N. Plan: Implementation Matrix Goal: Create a positive community image and instill community pride. Maintain and preserve the quality of residential properties through the encouragement of rehabilitation and code compliance. Neighborhood Priority Strateu Responsible Time Frame Results Parties Objective: Energize the Hold ls` meeting and discuss Planning Nov. 15, 2007 Active participation from residents public and rejuvenate expectations, including challenged communities. strengths and threats to the neighborhood. Objective: Reduce the Educate residents concerning Building Nov. 15, 2007 — 9 of 10 violations resolved. No number of code the most common code Inspections/Code Dec. 2008 new occurrences violations in the violations and advocate strict Enforcement neighborhood. enforcement of city codes. Objective: Reduce the Send notices to property Building Nov. 15, 2007 — 2 properties renovated and leased. number of vacant owners in accordance with Inspections/Code On going 2 structures demolished. properties and Ordinance 2006-21 Enforcement encourage upkeep. Objective: Keep Mail 1st follow-up letter with Planning Nov. 27, 2007 Additional surveys received from residents abreast of results of meeting. property owners. ACTION Plan. _ Objective: Keep Mail 2nd follow-up letter Planning Feb. 28, 2008 Residents continue to show residents abreast of i interest in program. ACTION Plan. Objective: Improve Address drainage issues Public Works July 2008 — Installed Concrete Flume infrastructure. related to high water on Aug. 2008 Jackson Cir. As of 07/28/2009 EXHIBIT xCx Southside NeighborhoodA,C.T.I.O.N. Plait: Implementation MatrLy Goal: Create a positive community image and instill community pride. Maintain and preserve the quality o[residential properties through the encouragement o[rehabilitation and code compliance. _ Neighborhood Strategy Ruumwooib[e Time Frame Results Priority Parties --- Objective: Energize Hold 1° meeting and discuss Planning Oct. 20, 2000 No residents attended the public and expectations, including the meeting or rejuvenate challenged strengths and threats tothe responded oainitial _communities. neighbor bood 1o�u�____________���_ ��tjeut� Red uce Educate roaidcutsconcerning Building Oct. 2O, I0O0 — 4o[hviolations number ofcode the most common code Inspections/ On going resolved. Nonew violations inthe violations and advocate strict [ode 000uococoa neighborhood. enforcement o[city codes. EuK»rcconcu1 Objective: Reduce the Send notices 10 property owners Building Oct, 20, 2000 — 4 structures demolished. number ofvacant in accordance with Ordinance Inspections/ On going properties and 2006'21 Code \ —}lup1ut1udproperty encourage upkeep. Eu[brccnomzt Objective: Improve Create an Ordinance to address Planning October 13, 2009 Adoption of the South neighborhood image redevelopment and promote On going Ballard Overlay District economic development Auo[ 1O/29/20O9 EXHIBIT " D " Bostic Neighborhood Action Plan: Implementation Matrix Goal: Create a positive community image and instill community pride. Maintain and preserve the quality of residential properties through the encouragement of rehabilitation and code compliance. Neighborhood Priority Strategy Responsible Time Frame Results Parties Objective: Energize the Hold 1st meeting and discuss Planning Nov. 15, 2008 Active participation from public and rejuvenate expectations, including residents challenged communities. strengths and threats to the neighborhood. Objective: Reduce the Educate residents concerning Code Enforcement Nov. 15, 2008 Reduction in neighborhood- number of code the most common code and Police wide violations violations in the violations. Advocate strict Departments neighborhood. enforcement of city codes. Objective: Ensure that Distribute educational materials City of Wylie Nov. 15, 2008 Implemented new website. all residents know how in both English and Spanish. Inserted educational to properly utilize city Encourage residents to report materials/updates with city services. violations. wide utility bill mail-outs Promote iCommunities Objective: Implement sidewalk repair Planning & Public April 2009 New/repaired sidewalks Infrastructure concerns program Works Departments Objective: Safety Provide information on Police Department Nov. 15, 2008 On Going Neighborhood Watch Program -- Sgt. D. Valdepena Objective: Park upkeep Maintenance of Kirby Park Public Works Continuous On Going and additional patrol. /Police/Citizens Encourage citizens to report negligence and violations. As of 07/28/09 EXHIBIT "E" BOSITC ADDITION SIDEWALK IMPROVEMENTS . 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' ;,"..,,,,,,. •'' ip Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 26,2010 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: January 19,2010 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2010-07(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for the relocation of approximately 7,300 linear feet of 14-inch water pipeline located along the north side of Brown Street from FM 1378 to Winding Oaks. Recommendation Motion to approve Resolution No. 2010-07(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for the relocation of a 4-inch water line along Brown Street. Discussion The North Texas Municipal Water District (NTMWD) operates a 14-inch water pipeline generally located along the north side of Brown Street from FM 1378 to Winding Oaks. In 2008 the City of Wylie approved an interlocal agreement with NTMWD for the relocation of a portion of the same transmission line along FM 1378 for the construction of the new City buildings. The existing pipeline will be in conflict with the proposed paving and storm drainage improvements to Brown Street and approximately 7,300 linear feet of water transmission line will need to be relocated. 6,470 linear feet of the water line is located within a private easement and the relocation of this portion of water line will be the responsibility of the City. The remaining 830 linear feet will be the responsibility of the NTMWD. The estimated construction cost for the 14-inch water line relocation is$629,000. The NTMWD also has two pipelines, a 60-inch and a 72-inch, which cross Brown Street between Winding Oaks and Cottonbelt. Due to the improvements to the drainage structure in this area, the 60-inch pipeline needs to be lowered. Since the pipeline was constructed within the right-of-way, the NTMWD will be responsible for the cost of the relocation. The estimated construction cost for the 60-inch water line relocation is $655,000. The interlocal agreement will provide for the reimbursement to NTMWD for: 1) construction of approximately 6,470 feet of 14-inch pipeline in the estimated amount of $527,000; 2) consulting engineer's fee in the estimated amount of $48,500; and, 3) construction inspector cost in the estimated amount of $19,300. The actual reimbursement amount will be based on the unit price bid by the lowest qualified construction contractor Page 1 of 2 Paget oft and the actual number of man hours experienced while inspecting the construction activities. The 2005 City of Wylie Bond Program included $9,000,000 for the reconstruction of Brown Street. Funds were also included in the 2007 Collin County Bond Program in the amount of$4,453,750. Total funds available for the project are $13,453,750. Engineering fees for the project are $1,048,000 and the projected roadway construction cost is $11,220,000. Approved By Initial Date Department Director CH 1/19/10 City Manager (AM �x= is RESOLUTION NO. 2010-07(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE CITY OF WYLIE CONCERNING THE RELOCATION OF A 14-INCH WATER TRANSMISISON PIPELINE ALONG BROWN STREET FROM FM 1378 TO WINDING OAKS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a 14-inch water transmission pipeline along Brown Street from FM 1378 to Winding Oaks. 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 26`h day of January, 2010. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2010-07(R) Interlocal Agreement with NTMWD Relocation of pipeline along Brown Street EXHIBIT "A" Interlocal Agreement Resolution No. 2010-07(R) Interlocal Agreement with NTMWD Relocation of pipeline along Brown Street 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 north right- of-way of Brown Street for a majority of the distance from Ballard Street to FM 1378 within the Wylie city limits. WHEREAS, North Texas Municipal Water District (NTMWD) currently has an existing 60-inch and an existing 72-inch water transmission pipeline from Wylie to North Garland, both of which cross the right-of-way of Brown Street approximately 2,000 feet west of Ballard Street. WHEREAS, Wylie currently has plans for the construction of paving and drainage improvements of Brown Street from Ballard Street to FM 1378 which will require the relocation of approximately 7,300 feet of the 14-inch NTMWD water transmission pipeline and will require the lowering of the 60-inch water transmission pipeline at the crossing of Brown Street. 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 14-inch water pipeline along Brown Street, 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 new north right-of-way of Brown Street. 2. At the request of the NTMWD, reimburse the NTMWD for the costs associated with the relocation of approximately 6,470 feet of NTMWD's 14-inch water transmission pipeline currently located in private easement. The estimated cost of the 14-inch pipeline relocation project is $629,000 and the estimated amount to be reimbursed to NTMWD is $527,000. 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. 3. Reimburse the NTMWD for the costs associated with the consulting engineer's fee for the design of the project in proportion to the ratio of estimated construction cost reimbursable to NTMWD divided by the total estimated construction cost of the 14-inch relocation and the 60-inch pipeline lowering ($527,000/$1,284,000). The proportional amount of the consulting engineer's fee to be reimbursed to NTMWD is estimated to be $48,500. INTERLOCAL AGREEMENT Page I 4. Reimburse the NTMWD for the costs associated with the NTMWD's construction inspector incurred during the construction of the 14-inch pipeline relocation. The amount of the inspection cost to be reimbursed to NTMWD is estimated to be $19,300. ARTICLE II. NTMWD hereby agrees to the following: 1. Provide for the engineering, plans, specifications, inspection, construction and administration of the project. 2. Prepare easement documents, if necessary, to be executed by the City of Wylie and NTMWD. 3. Provide for the costs associated with the relocation of approximately 830 feet of NTMWD's 14-inch water transmission pipeline currently located within the right-of-way of Brown Street. Provide for the costs associated with lowering of the 60-inch pipeline at the crossing of Brown Street. The estimated cost of the 60-inch pipeline lowering project is estimated to be $655,000. 4. Provide for the costs associated with the NTMWD's construction inspector incurred during the construction of the 60-inch pipeline relocation. 5. Allow Wylie's representative (or inspector) access at any time to inspect areas of work being performed. 6. Request in writing, reimbursement for the pipeline relocation including engineering, plans, specifications, inspection, construction and administration of the project. Executed this day of , 20010, by the City of Wylie, pursuant to City Council Resolution No. , and executed this day of , 20010, 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 NOVEMBER 2009 ADMINISTRATIVE MEMORANDUM NO. 3413 REGIONAL WATER SYSTEM 14-INCH AND 60-INCH WATERLINE RELOCATION ALONG BROWN STREET FROM BALLARD STREET TO FM 1378 PROJECT NO. 199 INTERLOCAL AGREEMENT The purpose of this administrative memorandum is to outline the nature of a relocation of portions of the 14-inch Wylie to Plano Pipeline and the 60-inch North Garland Pipeline, and to request authority to enter into an interlocal agreement with the City of Wylie for reimbursement of part of the costs associated with this project. REVIEW The City of Wylie is planning paving and drainage improvements to Brown Street in Wylie from Ballard Street westward to FM 1378. The roadway will be converted from two lanes of asphalt pavement to four lanes of concrete pavement with center median. The City will acquire ten feet of additional right-of-way on the north side of Brown Street. No additional right-of-way will be acquired on the south side. The NTMWD owns and operates a 14-inch water transmission pipeline in this area. This pipeline was installed in 1956 and the majority of the length of pipeline is located in a 30-foot wide private easement located adjacent to the existing north right-of-way of Brown Street. The NTMWD has been asked to relocate our pipeline as required for the proposed roadway improvements. This will require construction of new pipeline and may require acquisition of temporary construction easements and permanent easements at certain locations. Approximately 7,300 feet of 14-inch waterline will be affected by the improvements to Brown Street. Of this length, approximately 830 feet of pipe is located in the Brown Street right-of-way, relocation of which is the responsibility of NTMWD. Approximately 6,470 feet is located in private easement, relocation of which will be reimbursed to NTMWD by the City. The estimated construction cost of the 14-inch waterline is $629,000 and the NTMWD would be reimbursed by the City approximately 84% of this amount. In addition, the NTMWD has two pipelines, the 60-inch North Garland Pipeline (installed in 1966) and the 72-inch North Garland Pipeline No. 2 (installed in 1979), which cross Brown Street. Due to the drainage improvements, the 60-inch pipeline crossing needs to be lowered requiring approximately 480 feet of new 60-inch pipeline, approximately 270 feet of which will be constructed within an encasement tunnel. The 72-inch pipeline will not require any changes. The estimated construction cost for this 60-inch waterline relocation is $655,000. Since this pipeline was constructed within the right-of-way, the NTMWD will be responsible for this cost. Construction inspection will be provided by ADMINISTRATIVE MEMORANDUM NO. 3413 PAGE 2 NTMWD for the 14-inch relocation, as well as the 60-inch relocation. NTMWD will be reimbursed for part of the inspection costs of the 14-inch relocation and the inspection cost of the 60-inch relocation will be NTMWD's responsibility. The total estimated project cost is $1,513,700 and is estimated as follows: TOTAL COST NTMWD COST Engineering Fee, Basic Services $ 92,000 $ 54,200 Engineering Fee, Special Services 26,000 15,300 Construction Cost, 14-inch 629,000 102,000 Construction Cost, 60-inch 655,000 655,000 Inspection Cost, 14-inch 23,000 3,700 Inspection Cost, 60-inch 13,400 13,400 Temporary Easement, 14-inch 50,300 8,200 Additional Temporary and Permanent Easement, 60-inch 25,000 25,000 Total $1,513,700 $876,800 The interlocal agreement will provide for the reimbursement to NTMWD for: 1) construction of approximately 6,470 feet of 14-inch pipeline in the estimated amount of $527,000; 2) consulting engineer's fee in the estimated amount of $48,500; and, 3) construction inspector cost in the estimated amount of $19,300. The actual reimbursement amount will be based on unit price bid by the lowest qualified construction contractor and the actual number of man hours expended while inspecting the construction activities. RECOMMENDATION It is the recommendation of the Executive Director and NTMWD staff that the Board of Directors authorize the Executive Director to execute the interlocal agreement with the City of Wylie, for reimbursement of certain costs associated with the relocation of portions of the 14-inch Wylie to Plano Pipeline and the 60-inch North Garland Pipeline, contingent upon approval of this interlocal agreement by the Wylie City Council. This will be an item on the regular agenda of the November 2009 Board meeting. NORTH TEXAS MUNICIPAL WATER DISTRICT NOVEMBER 2009 ADMINISTRATIVE MEMORANDUM NO. 3414 REGIONAL WATER SYSTEM 14-INCH AND 60-INCH WATERLINE RELOCATION ALONG BROWN STREET FROM BALLARD STREET TO FM 1378 PROJECT NO. 199 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 Pipeline and the 60-inch North Garland Pipeline, and to request authorization to enter into an engineering services agreement with Birkhoff, Hendricks & Conway, LLP, (BH&C) in the amount of $118,000 contingent upon approval of an interlocal agreement with the City of Wylie. The proposed interlocal agreement is included in this Board packet, Administrative Memorandum No. 3413. REVIEW The City of Wylie is planning paving and drainage improvements to Brown Street in Wylie from Ballard Street westward to FM 1378. The roadway will be converted from two lanes of asphalt pavement to four lanes of concrete pavement with center median. The City will acquire ten feet of additional right-of-way on the north side of Brown Street. No additional right-of-way will be acquired on the south side. The NTMWD owns and operates a 14-inch water transmission pipeline in this area. This pipeline was installed in 1956, and the majority of the length of pipeline is located in a 30-foot wide private easement located adjacent to the existing north right-of-way of Brown Street (see attached exhibit). The NTMWD has been asked to relocate our pipeline as required for the proposed roadway improvements. This will require construction of new pipeline and may require acquisition of temporary construction easements and permanent easements at certain locations. Approximately 7,300 feet of 14-inch waterline will be affected by the improvements to Brown Street. Of this length, approximately 830 feet of pipe is located in the Brown Street right-of-way, relocation of which is the responsibility of NTMWD. Approximately 6,470 feet is located in private easement, relocation of which will be reimbursed to NTMWD by the City. The estimated construction cost of the 14-inch waterline is $629,000 and the NTMWD would be reimbursed by the City approximately 84% of this amount. In addition, the NTMWD has two pipelines, the 60-inch North Garland Pipeline (installed in 1966) and the 72-inch North Garland Pipeline No. 2 (installed in 1979), which cross Brown Street. Due to the drainage improvements, the 60-inch pipeline crossing needs to be lowered requiring approximately 480 feet of new 60-inch pipeline, approximately 270 feet of which will be constructed within an encasement tunnel. The 72-inch pipeline ADMINISTRATIVE MEMORANDUM NO. 3414 PAGE 2 will not require any changes. The estimated construction cost for this 60-inch waterline relocation is $655,000. Since this pipeline was constructed within the right-of-way, the NTMWD will be responsible for this cost. Construction inspection will be provided by NTMWD for the 14-inch relocation as well as the 60-inch relocation. NTMWD will be reimbursed for part of the inspection costs of the 14-inch relocation, and the inspection cost of the 60-inch relocation will be NTMWD's responsibility. The total estimated project cost is $1,513,700 and is estimated as follows: TOTAL COST NTMWD COST Engineering Fee, Basic Services $ 92,000 $ 54,200 Engineering Fee, Special Services 26,000 15,300 Construction Cost, 14-inch 629,000 102,000 Construction Cost, 60-inch 655,000 655,000 Inspection Cost, 14-inch 23,000 3,700 Inspection Cost, 60-inch 13,400 13,400 Temporary Easement, 14-inch 50,300 8,200 Additional Temporary and Permanent Easement, 60-inch 25,000 25,000 Total $1,513,700 $876,800 The final reimbursement amount will be based on unit price bid by the lowest qualified construction contractor, by actual inspection costs, and by actual easement costs. ENGINEERING BH&C has been hired by the City of Wylie to design the improvements to Brown Street, and it is proposed to hire BH&C to design the relocation of the NTMWD pipelines. 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 $92,000. They have proposed to perform the required special services in an amount not to exceed $26,000. Included in the special services is the cost for survey and easement document preparation. It is estimated that four new permanent easements and up to 16 temporary construction easements will be required. The total fee proposed by BH&C is $118,000. 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 with the City of Wylie to provide reimbursement to NTMWD for the actual cost of engineering and construction (Administrative Memorandum No. 3413) is being brought to the Board concurrently for consideration. The project would be constructed by NTMWD then reimbursed by the City in accordance with the interlocal agreement. The initial funding in the amount of $118,000 is available in the Regional Water System 2008 Construction Fund. ADMINISTRATIVE MEMORANDUM NO. 3414 PAGE 3 RECOMMENDATION It is the recommendation of the Executive Director and NTMWD staff that the Board of Directors: 1) authorize the 14-inch and 60-inch waterline relocation along Brown Street from Ballard Street to FM 1378, Project No. 199; and, 2) authorize the Executive Director to execute an engineering services agreement with Birkhoff, Hendricks & Conway, LLP, in the amount of $118,000 contingent upon approval of an interlocal agreement with the City of Wylie. This will be an item on the regular agenda of the November 2009 Board meeting. �v� vwv f wA �. \ \ \\ P xo w SO T f / I, MIWCMDL SUE IS FEET ry .,7os66J9se7J .\ l _ ! d II Tf7'10'(R Ff _ _ ". Ca: E7E.S85 � q . ---_. 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Recommendation A motion to accept the resignation of Daljinder Dhillon and appoint as a new alternate member to the Construction Code Board for the unexpired term ofJuly 1,2008 to June 30, 2010. Discussion Mr. Dhillon was appointed as an alternate to the Construction Code Board on February 2009 to fill an unexpired term. Since his appointment, Mr. Dhillon has missed three (3) consecutive Construction Code Board meetings, February 26, 2009,May 14, 2009,June 25,2009 and additional meeting dates of August 27, 2009.November 5, 2009 and January 4, 2010. Mr. Dhillon has not responded to any phone calls or emails. Mr. Dhillon was sent a certified letter inquiring about his absences. We have not received a response to this letter. Section 4, Article II of the Construction Code Board Bylaws states that: -`any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term." Applicants from the 2009 Boards and Commissions Interview process denoting a desire to serve on the Construction Code Board have been contacted. Approved By Initial Date Department Director MA ll 412010 City Manager //Jill I 9.1 Page 1 of 1 o.,Mission— to be responsiblesfewords offlie public Most, m'"=Y" ^"��"��n"w�m"+, *m '- """ . *enhance the quality of0»fo'"u w ` &0r. OaUinder OhiUnn 1710 Mop|aleafDc VVNie. TX7B098 January 15. 2O1U Dear Mr- OhU|on: The Code Enforcement Building Inspection Departments have made several efforts to contact you regarding your failure to attend several Construction Code Board Meetings after proper notification. Since your appointnnant, you have missed more than 3 consecutive Construction Code Board meetings. Section 4. Article || Of the Construction Code Board Bylaws states that ''any member of the Board who nnionaa three consecutive rneednclsvvithou1 good cause shall be deemed to have reaiqned, and the Board will recommend to City Council that o replacement be appointed for the balance of the unexpired harnn." Your attendance problem has caused procedural problems specific to a quorum and voting for the board relative to the board regulations set forth in Section 22'29 in the City of Wylie Code uf Ordinances, |t reads osfollows: Four members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring majority voteisnaoeosurytoconstitutemnoffiCia| action of the board for every action other than- /1\ Aboard action over-turning or modifying the building official's decision; or (2) /\ board action authorized under VT.C.A. Local Government Code chapter 214. With regards to subsections (1) and (2); a concurring four votes is necessary to constitute an official action of the board. If you would like to further discuss this rnatter, please contact me by Tuesday. January 1Q. 2O1O� ince J. J. C%ike" cA(nnVaII City of Wylie Texas 2OOO Hwy 7DN Wylie Texas PS72-442-015O F972-442-8154 Request Detail• s Full Name: 'John Onufreiczuk Date of Application: 15/22/2009 Please indicate your first,second and third choices below: *First Choice: I Planning&Zoning Board *Second Choice: I Wylie Economic Development Board zi *Third Choice: I Please Choose 1.1 Interested in serving on 6" Yes Subcommittes that may be formed": C No Home Address: 13103 Bryce Dr *Telephone: 12114918432 Cell Phone: 12144918432 *Email: bohnonul@gmail.com I have been a Wylie resident for i 5 (years): *Registered Voter?: ("' Yes r No *Business Owner?: C Yes Oro No If yes,business name: Occupation: 'Financial Advisor Business Address: 15001 Spring Valley Rd Ste 900W, Dallas 1 Business Telephone: 1972.774.6530 Business Email: Please indicate briefly why you I previously served on P&Z and would like to be appointed to a enjoyed my time in helping shape the Board or Commission: future development of Wylie. I was forced to resign due to work obligations. I have changed jobs and I previously served on P&Z and enjoyed my time in helping shape the future development of Wylie. I was forced to resign due to work obligations. I have changed jobs and have no work conflicts and would like to serve Wylie again. I have an understanding of the Cities Comp plan and want to work with the current Commissioners to make sure the future development of Wylie is of the highest quality possible. John Onufreiczuk Original Message From: John Davis [mailto:icarusrangerr4yahoo.comj Sent: Tuesday, March 17, 2009 11:33 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Davis DATE_OF_APPLICATION - FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Parks and Recreation Board THIRD_CHOICE - Planning and Zoning Commission SUBCOMMI I I EE - Yes HOME_ADDRESS - 2012 Fair Highlands Trail, Wylie TX 75098 HOME_PHONE - 214-929-9335 HOME_FAX - HOME_EMAIL - icarusranger©yahoo.com RESIDENT_YEARS - 3 CONTACT_METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - NetWork Specialist BUSINESS_ADDRESS - 2312 E Trinity Mills Carrollton TX 75006 BUSINESS_PHONE - 469-574-8183 BUSINESS_FAX - 469-574-8083 BUSINESS_EMAIL -john-t_davis©mitel.com WHY_INTERESTED - I am seeking to become active in my community Submit- Submit End of form information i 1r! Form Information Follows: NAME - Gaynell Reed DATE_OF APPLICATION - 03-26-09 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD_CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 1504 Bankston Dr. HOME_PHONE - (214)284-3480 HOME_FAX - (214)284-3480 HOME EMAIL - emuelr@hotmail.com RESIDENT YEARS - 4 CONTACT—METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information Board & Commission Application Spring 2007 Please return your completed application to the City Secretary's Office at 2000 Highway 78 North, Wylie,Texas 75098. /� Name: Please indicate your first, second and third preference below. i 7, Construction Code Board Planning&Zoning Board Library Board Wylie Economic Development Corporation Board 2 Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board V'Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: y 7 )c, V,((r, J- . Business Owner? ❑Yes No Telephone; I i '12 H- I Fax: Business Name: Pre( ; , )V Sc. S E-mail: K 4s1: E'. .2c6, f.-,;-T Occupation: ti,k , ems ,.� Cv',�b I have been a Wylie Resident for (y years Business Address: / 1 i a- Registered voter? KYes G No Telephone: 5 - S / ) Have you ever or do you currently serve on any city boards? C Yes t'No If so, what board/city and dates? Are you involved in any community activities? (Civic or orHobbies) Yes ❑ No tl ss 7✓�[.dr; :.6 7.11At L& 1' c Csc0'.4 /�HLGt�IICsIn %.i<'� ,'6S�3 v"i C�/ ,NE' rzc�.rq Please indicate Fiefly why you would like tole appointed to a Board or Commission: r (tit (dif t L:a.1 m 0-tei,/ SC .f'i.^.f GC°�.l � �� c c��c��t s ,i,1 9,2 '1/ Jv e1L 1 !)E f i,t'Cs-a'..1 1 d c�-C 'f"ti -f' C �::<P. v - Cr-'r t� '� JG 'fG��'�e //..-t . 7 C- ci I se-e / p i 7 lt� ` MG✓lC,tj ,c;t C' �'��f/t�N Lcf /14,1 IlCr1-'. *-�-r'� [�1 Ly// / T I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. Sig nat Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes ONo If no,applicant previously served on Board Via:❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. WebQA - WYLIETX Page I oi 2 W000399-121409-Board&Commission Application Request Details • Full Name: Wesley C Ramirez • Date of Application: 12/14/2009 Please indicate your first,second and third choices below: First Choice: Parks&Recreation Board Second Choice: Animal Shelter Advisory Board Third Choice: Public Arts Advisory Board • Interested in serving on Yes Subcommittes that may be formed": No Contact Information • Home Address: 709 Claiborn Lane Telephone: 972,941.0733 Cell Phone: 469.438.1530 • Email: wescooling©yahoo.com • I have been a Wylie resident for 6 (years): • Registered Voter?: Yes No Occupational Information • Business Owner?: Yes No If yes,business name: Occupation: Business Address: Business Telephone: Business Email: • Please indicate briefly why you Would like to serve the citizens of would like to be appointed to a Wylie and offer my transferable Board or Commission: skills, knowledge,and experience. ( http://mygovhelpadmin.org/WYLIETX/Zadmin/ServiceRequestslEditDetails.aspOid=39... 01/11/2010 WebQA - WYLIETX Page 1 of 2 W000222-052609 -Board&Commission Application Request Details Full Name: IPatsy I Lander -*Date of Application: 15/26/2009 Please indicate your first,second and third choices below: *First Choice: I Zoning Board of Adjustments *Second Choice: I Wylie Economic Development Board *Third Choice: I Parks&Recreation Board *Interested in serving on ( Yes Subcommittes that may be formed": r No *Home Address: 12267 Beaver Creek Rd *Telephone: 1972-429-9390 Cell Phone: 1214-284-7517 4 Email: Ilander©earthlink.net I have been a Wylie resident for 11 (years): *Registered Voter?: 6" Yes r No *Business Owner?: Yes r No If yes,business name: ILander's Pawn Occupation: 'Pawnshop Owner Business Address: 11106 Lavon Drive Business Telephone: 1972-276-0228 Business Email: Ilander@earthlink.net *Please indicate briefly why you Ee have lived in Wylie for the past would like to be appointed to a 11 years and have been business Board or Commission: owners for the past 40 years. Having owned Lander's Little Giant Food Store in Garland, A-Sprinkler-Tech, We have lived in Wylie for the past 11 years and have been business owners for the past 40 years. Having owned Lander's Little Giant Food Store in Garland, A -Sprinkler-Tech, an irrigtion company and Lander-Moss, a real estate holding partnership, I feel I can bring a common sense approach to community service. Patsy J. Lander Wylie City Council 7 CITY OF WYLIE AGENDA REPORT q Meeting Date: January 26, 2010 Item Number: 5 Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: January 19,2010 Budgeted Amount: NA Exhibits: subject Consider, and act upon, authorizing the City Manager to enter into a lease purchase contract with Cisco for the purchase and installation of a Voice over IP telephone communication system for the new Wylie Municipal Complex, in an amount not to exceed $110,000. Recommendation Motion authorizing the CityManager to enter into a lease purchase contract with Cisco for the purchase and installation of a Voice over IP telephone communication system for the new Wylie Municipal Complex, in an amount not to exceed $110,000. Discussion Staff has been investigating the feasibility of a VOIP system for the Wylie Municipal Complex. Staff is recommending that we install VOIP in the new buildings instead of a traditional phone system. Through a lease to purchase agreement with Cisco we can install VOIP at the same cost of operating a traditional phone system for the first three years. Once the system is paid for we will realize a savings of$3500 -$4500 per month. The lease would be for a period of three years with 0% interest and we would own the system at the end of the agreement. There will.be 85 phones moving to the new facilities. An additional 15 phones will be purchased and installed for a total of 100 phones. Our current monthly cost for the existing 85 phones is approximately$3000. The initial cost of a Cisco VOIP system is approx. $80,000 and will cost approx. $1000 per month to operate. The monthly operating savings can be used to offset the cost of the system. There will be an additional savings of$18,000 from VOIP because of not having to run a second set of(phone) cable into the facilities. This $18,000 savings would be used to offset the purchase of VOIP phones. The contractors are due to run the cable into (and throughout) the new facilities thus making it necessary to make a phone system decision. The Cisco VOIP system has already been bid through State DIR contract and the competitive bidding Page 1 of 2 : Page 2 of 2 requirements of the local government code have been satisfied. The State contract allows us to purchase the system at a 40% discount. If we install a VOIP system in the new facilities we can begin migrating all employees at all locations to the system. Staff working on this project include IT Supervisor Shone Doville, Construction Manager Shane Colley, and Finance Director Linda Vaughn. Approved By Initial Date Department Director JB 1-19-10 City Manager fr `� �, f l/