02-10-2004 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, February 10, 2004
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
PROCLAMATIONS &PRESENTATIONS
• " 2003 Outgoing Board and Commission Members Appreciation"
CITIZENS PARTICIPATION
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed
from the Consent Agenda and will be considered separately.
A. Approval of the Minutes from the Regular Meeting of January 27, 2004
B. Consider changes to the existing wrecker service contract. Authorize the City Manager to enter into
revised contract with Wylie Auto Towing.
C. Consider and act upon a request from the Girl Scout Troop 2426 of Wylie to sell Girl Scout Cookies
at Community Park on February 21, 2004.
D. Consider and act upon a request from the Wylie High School Girls Softball Program to sell
concessions at Founders Park and Community Park for the Tanya Jo Thompson Memorial Softball
Tournament in March 4-6, 2004.
E. Consider and act upon approval of final acceptance of the Kirby Street/Stone Road Connector paving
project and authorize final payment to JRJ Paving, in the amount of $13,198.12 and accept the
project as complete.
F. Consider and act upon approving Resolution #2004-06(R), ordering a General Election to be held
jointly with the Wylie Independent School District and Collin County Community College District on
May 15, 2004 for the purpose of electing two members, Place 1 and 3,to the Wylie City Council to fill
expired terms.
G. Consider and act upon the approval of a Joint Election Agreement between the City of Wylie, WISD,
and Collin County Community College District for the May 15, 2004 General Election.
INDIVIDUAL CONSIDERATION
1. Receive input from citizens and discussion of existing sidewalk ordinance and alternatives for funding
sidewalk repairs.
Executive Summary
Alicia White residing at 814 Forest Edge Lane, Wylie, Texas has requested to be placed on the agenda to discuss
alternatives and to provide a solution regarding the recent implementation of Ordinance #2003-26 Sidewalk Repair and
Maintenance. Ms. White stated that other citizens may be present to address council.
2. Consider and act upon authorizing the Wylie Economic Development Corporation (WEDC) to enter
into a note with the Birmingham Land Trust for the purchase of f5.2 acres located near the
intersection of F.M. 544 and Sanden Boulevard.
Executive Summary
The WEDC Executive Director will be presenting issues surrounding debt to be incurred by the WEDC via the purchase of
a 5.2 acre site from the Birmingham Land Trust. The purchase of the site is directly tied to negotiations between the
WEDC and "project Bright Light". While an incentive package has yet to be finalized, the WEDC is proceeding ahead
with the purchase regardless of the outcome of negotiations with"Bright Light".
3. Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff,
Hendricks & Conway, L.L.P., Consulting Engineers, in the amount of $146,000 for engineering
services related to the construction of the two million gallon Creekside elevated storage tank.
Executive Summary
The water system for the City of Wylie currently operates on one pressure plane and consists of three water pump stations
and two elevated storage tanks. The existing tanks located on South Ballard Ave. and Decker Court have a total capacity
of 1,000,000 gallons. TNRCC requires that water systems with more than 250 connections have an elevated storage
capacity of 100 gallons per connection and a pumping capacity of 2 gallons per minute per connection. Currently,we have
approximately 8,000 water connections, which equates to a required elevated storage capacity of 800,000 gallons and
16,000 gallons per minute(gpm) required pumping capacity. How ever, if an elevated storage capacity of 200 gallons per
connection is provided (1,600,000 gallons), then the required pumping capacity is 0.6 gpm per connection or 4.800 gpm.
Two new pumps were recently added to the Newport Harbor pump station bringing the total pump capacity for the City of
Wylie to 13,700 gpm which is 2,300 gpm less than the required amount. Upon completion of the new elevated tank, the
City will have excess capacity in elevated storage and pumping to better serve the project growth over the next few years.
We are currently updating the water system model and the water capital improvements plan which will identify other
system upgrades necessary to serve the projected growth over the next 10 years.
4. Consider and act upon authorizing the City Manager to execute a change order with Rycon, Inc. in
the amount of$50,210.00 for the replacement of the Valentine Creek sewer.
Executive Summary
A construction contract was awarded to R3.con, Inc. for paving and utility improvements along Cottonbelt, Cooper, and
Jackson Streets on November 11, 2003. The proposed change order includes the replacement of a deteriorated 12- inch
clay-tile sew er line along Valentine Creek with a new 15-inch pvc sewer line as shown on the attached map. The worst
section of the sew er line was replaced by Cullum Construction in May of 2002 and this project will complete the
replacement.
5. Consider and act upon council approval to filter the City of Wylie Library Computers to comply
with Children's Internet Protection Act regulations.
Executive Summary
The Children's Internet Protection Act requires public libraries to install Internet filtering software on all of its computers
(public access and staff) if the library uses federal money (ERATE) to purchase Internet access. (t-1 line) The deadline to
have filters in place is July 1, 2004. The Library receives $3500 a year for the t-1 line discount. Staff has researched
filtering solutions and found they range in price. The initial costs range from$2500 to $6000 and animal costs range from
$500 to $1000. Two lower costs solutions have been tested that are not feasible. Legally, staff is required to unblock the
filter if a patron requests it. The staff has determined that it will be very time intensive to continually turn the filters on
and off for patrons. The board had a split vote of 3-3 on whether or not to filter the Library's computers.
Public Hearing
6. Hold a Public Hearing and consider and act upon adopting Ordinance #2004-06 regarding the
Standards of Care for Youth Programs.
Executive Summary
This is the fifth adoption of an ordinance establishing the Standards of Care for Youth Programs for the City of Wylie. The
Standards of Care for Youth Programs must be reviewed each year and a new ordinance adopted reflecting the approval of
those standards in accordance with Texas Senate Bill 212 Section 42.041. Ordinance#2004-06 reflects no changes from
last years review.
READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY
WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D•
#2004-06
WORK SESSION
• Discuss the Traffic Patterns around Birmingham Elementary and modification to or possible
closure of the alleys at the north and east sides of the property.
• Discussion of City Manager Transition.
ADJOURNMENT
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this 6th day of February,2004 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 contacted. As a courtesy,this agenda
is also posted to the City of Wylie Website at www.ci.w\vlie.tx.us
Carole Ehrlich,City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TI)972/442-8170.
WYLIE CITY COUNCIL
AGENDA ITEM NO. B.
February 10, 2004
Issue
Consider changes to the existing wrecker service contract. Authorize the City Manager to enter into
revised contract with Wylie Auto Towing.
Background
In October of 2001 the City of Wylie entered into a wrecker service contract with Wylie Auto Towing.
Wylie Auto Towing has done an excellent job for the City and has consistently exceeded the
requirements of the contract.
The contract needs to be updated due to some legal changes and some legitimate service fees that were
not covered in the original contract.
The changes to the contract are as follows;
Notification Fee:
The Texas Legislature raised Notification fees from $25.00 to $32.00.
Daily Storage Rates
Daily Storage Rates were raised by the Texas Legislature from $10.00/day to $15.00/day for vehicles
under 25 feet and from $20.00 per day to $30.00 per day for vehicles over 25 feet.
Recovery Fee
A Recovery Fee was not included in the original contract. Several circumstances have arisen where a
recovery fee is required for fair and reasonable compensation to the Wrecker Company for services
rendered. For example a loaded semi rolled over in the ditch which took two heavy-duty wreckers six
hours to recover. Recovery Fee charges are paid by insurance companies and are the norm for the
wrecker industry. Recovery fees cannot be determined in advance because of the wide variety of
circumstances covered, but fair and reasonable charges are worked out between the Wrecker Company
and the Insurance Company on each individual recovery.
Dive Charge (underwater hookup)
A Dive Charge was not included in the original contract but we have had underwater hookup occurs.
Just like the Recovery Fee, underwater hookup fees are the norm for the wrecker industry and
reasonable charges are worked out by the wrecker company and the insurance company depending on
the time and effort required.
Financial Considerations
None
Other Considerations
None
Board/Commission Recommendations
NA
Staff Recommendations
Authorize the City Manger to enter into a revised Wrecker Service agreement with Wylie Auto Towing.
Attachments
Revised Wrecker Service Agreement.
Prepared by Reviewed by Finance City Manager Approval
WRECKER SERVICES AGREEMENT
This Agreement (the "Agreement") is entered into as of the 1st day of October, 2001 by
and between the City of Wylie, Texas, a Texas home-rule municipality, (the "City") and Wylie
Auto Towing, a sole proprietorship, ("Contractor"), and on the terms and conditions hereinafter
set forth.
WHEREAS, the City desires to engage an independent contractor to provide City with
wrecker and impound services for the purposes of, among others, towing, impounding, storing
and auctioning, if necessary, vehicles as requested by the City Police Department; and
WHEREAS, Contractor has provided City with a response to its Request for Proposals
("RFP"), and City desires to engage Contractor with respect to the services set forth in the RFP.
NOW, THEREFORE, for and in consideration of the promises, covenants and
agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, City
and Contractor hereby agree as follows:
1. Term and Termination. The term of the Agreement shall be for a period of three
(3) years commencing October 1, 2001 (the Effective Date"), and, unless renewed according to
the terms set forth in this paragraph, terminating October 1, 2004 (the"Primary Term").
The Primary Term of the Agreement may be extended by agreement of the parties for an
additional three (3) year period upon the same terms and conditions as herein set forth or
amended. In order for the Primary Term to be extended for a renewal term, Contractor must
notify City, in writing, of its desire to extend the Agreement for an additional three (3) year
period. Such notice shall be given no more than ninety (90) days prior to the end of the Primary
Term. City shall, after Contractor gives such notice, have forty-five (45) days in which to notify
Contractor of its agreement to extend the term of the Agreement. If City fails to notify
Contractor, in writing, of its agreement to extend the Agreement, the Agreement will expire as
provided herein.
Except as provided in¶3 herein, if, at any time, Contractor shall fail to perform the terms,
covenants and/or conditions set forth herein, City shall notify Contractor of the reasons in
support of City's claim that Contractor has breached the Agreement. Contractor shall be allowed
a thirty (30) day period from the date of receipt of said notice from City to remedy any breach.
If Contractor fails to remedy any breach during the time period prescribed herein, the Agreement
shall terminate without further notice to Contractor.
2. Scope of Services. The services shall consist of the items contained in this
Agreement. Contractor will be responsible, at its own cost and expense, to furnish well-trained
personnel and appropriate, well-maintained equipment of the highest quality to efficiently and
economically perform the services included in the Agreement, providing all necessary
supervision of such services and to complete said work in accordance with or above the level of
performance set forth in the Agreement. In this connection, Contractor shall:
a. respond and proceed to the scene and/or site of a wreck, motor vehicle
accident or collision within City's corporate limits and/or follow an
ambulance or police car, which is traveling in response to a report of a
wreck, motor vehicle accident or collision, within City's corporate limits
SPECIFICATIONS FOR WRECKER SERVICES-Page 1
Revised Contract as of February 10,2004
only after being duly and legally dispatched to the scene and/or site by
City or if requested to respond to the scene and/or site by a party involved
in the wreck, motor vehicle accident or collision;
b. ensure that all of its tow truck drivers are trained in safety procedures to,
among others, protect the public, any and all property and themselves. In
this connection, Contractor shall have monthly training sessions for all of
its drivers to update them in proper safety procedures;
c. at a minimum, maintain two (2) full service wrecker trucks which shall be
available at all times. Each truck must have: (i) the capability of towing
two (2) vehicles at the same time; and (ii) a maximum response time of
twenty (20) minutes to any part of City, after being dispatched by City.
Contractor represents that it has made adequate arrangements for the
medium and heavy duty needs of City, as determined by City and which
cannot be provided by Contractor, to be subcontracted through Contractor;
d. ensure that an attendant is maintained at Contractor's place of business,
located at 1352 W. F.M. 6, Wylie, Texas, Monday through Friday 8:00
a.m. to 5:00 p.m. (with lunch being from 12:00 to 1:00 p.m.) (the
"business hours"). The contractor must store vehicles in a secure manner.
Vehicles will be accessible to the public and insurance adjusters, with
proper identification and during business hours, for viewing, taking
pictures, receiving personal property and making estimates. City
personnel, and/or its designated representatives, will have twenty-four (24)
hour a day, seven (7) days a week accessibility to any and all cars
impounded on behalf of City. All vehicles will be available for release,
provided all necessary documentation is provided and all fees paid,
twenty-four (24) hours a day seven (7) days a week;
e. maintain inventory and records in accordance with all laws governing a
storage facility in the State of Texas and City. In this connection,
Contractor shall maintain its inventory, records and vehicles, kept and/or
stored in accordance with this Agreement, separate from any other
records, inventory and/or vehicles of Contractor. On or before the 15th
day of each month throughout the term of this Agreement and any
extensions hereto, Contractor shall provide City a monthly report
containing the status and/or disposition of each and every impounded
vehicle. Contractor agrees that at any time during business hours and as
often as City deems necessary, Contractor shall make available to
representatives of City for examination all of its records with respect to all
matters covered by this Agreement and will permit such representatives of
City to audit, examine, copy and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement, all for a period of one (1) year
from the date the Agreement is terminated, or for such other or longer
period, if any, as may be required by law;
SPECIFICATIONS FOR WRECKER SERVICES-Page 2
Revised contract as of February 10,2004
f. at all times, perform and provide the services to the City as set forth herein
prior to performing and/or providing any of the same or similar services to
any other person or entity;
g. as requested by City, tow and dispose of junk vehicles in accordance with
the laws of the State of Texas and City; and
h. perform any other service(s) requested of City which relates to the towing,
impounding, storing and/or auctioning of vehicles.
3. Maximum Rates. Contractor's fee and compensation for services performed
pursuant to calls dispatched by City under this Agreement, regardless of the tow destination, are
subject to and shall be paid in accordance with the maximum rate schedule set forth below:
a. Vehicles that are impounded as a result of arrest, seizure with keys, on the
roadways and not involved in an accident:
.0-10,000 GVWR $50.00
•10,001-26,000 GVWR $75/hour
.26,001+GVWR $125.00/hour
b. Vehicles involved in an accident(0-10,000 GVWR):
•Wrecked vehicles $60.00
•Rolled over or upset vehicle $60.00
•Flatbed or Dolly required $40.00
•If Winch required, additional for each fifty(50)feet of pull $25.00
•Extra time in excess of one(1) hour(not including time
spent waiting for officer to complete investigation) $50.00/hour
•Recovery Additional
•Dive Charge(underwater hookup) charges which
may be incurred
c. Vehicles involved in an accident(10,001+GVWR):
•10,001-26,000 GVWR $75.00/hour
.26,001+GVWR $125.00/hour
•Recovery Additional
•Dive Charge(underwater hookup) charges which
may be incurred
d. City owned/leased/rented vehicles:
.0-10,000 GVWR No charge
•10,001-26,000 GVWR $75.00
.26,001+ $125.00
e. Major incidents, involving specialized equipment, personnel, techniques, Haz-
mat requirements, etc. shall be reviewed The City of Wylie Police Chief and Fire
Chief for all charges:
SPECIFICATIONS FOR WRECKER SERVICES-Page 3
Revised contract as of February 10,2004
•Miles charged after leaving City limits $1.50/mile(one way)
•Daily storage rates (Vehicle under 25 feet) $15.00/day(VSF)
(Vehicle over 25 Feet) $30.00/day(VSF)
•Impounding fee $10.00
•Notification fee $32.00
•Clean roadway of debris $25.00
No other fees may be charged by Contractor in the operation of this Agreement.
Failure to comply with the above fee schedule will be cause for, among other things, immediate
termination of this Agreement.
4. Insurance. Contractor shall procure and maintain, for the duration of the
Agreement, and any extension hereto, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work
performed hereunder by Contractor. The cost of such insurance shall be borne by Contractor and
a Certificate of Insurance evidencing that such insurance has been procured and is in force will
be forwarded to City on or before the Effective Date of the Agreement.
Contractor must procure and maintain the following minimum limits of insurance
pursuant to the above-mentioned specifications during the entire Agreement period, including
any extensions thereof:
Coverage Limits of Liability
Worker's Compensation Statutory
Employer's Liability $500,000.00
Bodily Injury Liability $1,000,000.00 each occurrence
(Except automobile) $2,000,000.00 aggregate
Property Damage Liability $1,000,000.00 each occurrence
(Except automobile) $2,000,000.00 aggregate
Automobile Bodily Injury $1,000,000.00 each person
(Except automobile) $2,000,000.00 each occurrence
Automobile Property $500,000.00 each occurrence
Damage Liability
The certificates shall contain the following express obligations:
"This is to Certify that the policies of insurance described herein have
been issued to the insured Ibr whom this certificate is executed and are in
force at this time. In the event of cancellation or material change in a
policy affecting the certificate holder, thirty (30) days prior written notice
shall he given to the City c f Wylie.
As soon as practicable, but not more than ten (10) days after the execution of the
Agreement, Contractor shall have City named as an additional insured on each certificate of
SPECIFICATIONS FOR WRECKER SERVICES-Page 4
Revised Contract as of February 10,2004
insurance except Worker's Compensation and Employer's Liability, providing written evidence
of same to City, and shall have each policy including Worker's Compensation and Employers's
Liability endorsed to provide a waiver of subrogation in favor of City.
Insurance is to be placed with insurers licensed in the State of Texas and raged A- or
better by A.M. Best, or A or better by Standard and Poor's.
5. Additional Requirements. City shall have the authority to promulgate other
reasonable rules, regulations and requirements as may become necessary to ensure that
Contractor adequately protects vehicles and vehicle contents.
6. Independent Contractor. Contractor is, and shall at all times be, deemed to be an
independent contractor and shall be wholly responsible for the manner in which it performs the
services required of it by the terms of this Agreement. Nothing herein shall be construed as
creating the relationship of employer and employee, or principal and agent, between City and
Contractor or any of Contractor's agents or employees. Contractor assumes, exclusively, the
responsibility for the acts of its employees as they relate to the services provided during the
course and scope of their employment. Contractor, its agents and employees, shall not be entitled
to any rights or privileges of City's employees and shall not be considered in any manner to be
City's employees.
7. Indemnification. Contractor, its officers, directors, contractors, subcontractors,
employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees do
hereby agree to fully defend, indemnify, and hold harmless, the City, its Council Members,
officers, agents, servants, representatives and employees, from any and all claims, suits,
judgments, legal proceedings, demands, costs and expenses, including attorney's fees, incident
to any act or omission, whether negligent or intentional, arising out of Contractor's, its officers,
directors, employees, contractors, subcontractors, representatives, agents, successors, assignees,
vendors, grantees and/or trustees, performance of this Agreement.
8. Compliance with Laws. Contractor agrees that it is subject to and must comply
with any and all applicable laws, rules, regulations and ordinances, whether federal, state and/or
local, whether now existing or in the future arising.
9. Resolution of Disputes. Contractor must make a good faith, reasonable attempt to
resolve disputes with vehicle owners, including, but not limited to City, before seeking relief
from a court of competent jurisdiction.
10. Participation in City-Sponsored Community Events. Contractor agrees to make
every reasonably effort to participate in any and all City-sponsored community events when
requested by City.
11. Inspection. City shall, at all times, have the authority to inspect all of
Contractor's vehicles and equipment to ensure compliance with this Agreement.
SPECIFICATIONS FOR WRECKER SERVICES-Page 5
Revised Contract as of February 10,2004
12. Notices. Any notice provided or permitted to be given under this Agreement must
be in writing and may be served by depositing same in the United State Mail, addressed to the
party to be notified, postage pre-paid and registered or verified with return receipt requested, or
by delivering the same in person to such party via a hand-delivery service, Federal Express or
any courier service that provides a return receipt showing the date factual delivery of same to the
addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the
address of the addressee. For purposes of notice, the addresses of the parties shall be as follows:
If to Contractor, to:
If to City, to: City of Wylie
Attn: Chief of Police
2000 State Highway 78 North
Wylie, Texas 75098
13. Miscellaneous.
a. Assignment. This Agreement is not assignable without the prior written
consent of City.
b. Compliance with Ordinances. The parties agree that Contractor shall be
subject to all ordinances of City.
c. Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be modified or terminated
except upon the mutual written agreement of the parties hereto.
d. Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Colin County, Texas.
e. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
f. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
g. Authority to Execute. The individuals executing this Agreement on behalf
of the respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this Agreement to
do so for and on behalf of the party for which his or her signature appears, that there are no other
parties or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement and that
each individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective on the date hereof.
SPECIFICATIONS FOR WRECKER SERVICES-Page 6
Revised contract as of February 10,2004
h. Binding Effect. When referring to Contractor, this Agreement shall refer
to and be binding upon its officers, agents, subcontractors, contractors, directors, representatives,
employees, successors and assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives and successors.
i. Savings/Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof,
and this Agreement shall be construed as if such invalid illegal or unenforceable provision had
never been contained herein.
j. Representations. Each signatory represents this Agreement has been read
by the party for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
k. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning and any presumption or principle that the
language herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this
document.
1. Sovereign Immunity. The parties agree that City has not waived its
sovereign immunity be entering into and performing its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have executed this amended Agreement and
caused this Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF WYLIE, TEXAS,
a Municipal Corporation
By: Date February 10, 2004
Its: Acting City Manager
WYLIE AUTO TOWING,
a
By: Date:
Its:
SPECIFICATIONS FOR WRECKER SERVICES-Page 7
Revised Contract as of February 10,2004
STATE OF TEXAS
*
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared Mindy
Manson, Acting City Manager, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for THE CITY OF WYLIE, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of February, 2004.
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS
*
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for WYLIE AUTO TOWING , and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2004.
Notary Public in and for the
State of Texas
My Commission Expires:
SPECIFICATIONS FOR WRECKER SERVICES-Page 8
Revised contract as of February 10,2004
WYLIE CITY COUNCIL
AGENDA ITEM NO. C.
February 10, 2004
Issue
Consider and act upon a request from the Girl Scout Troop 2426 of Wylie to sell Girl Scout
Cookies at Community Park on February 21, 2004.
Background
Candy Arrington leader of Girl Scout Troop 2426 would like to sell Girl Scout cookies at
Community Park on February 21, 2004.
Financial Considerations
N/A
Other Considerations
Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to
solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos,
cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever
within the city park or recreation or community center facility; provided, however, that this
section shall not apply to any person, organizations, fiuiiis or corporations, or the agents of
any person, or organization, film or corporation, or employees of any person who are
recommended by the parks and recreation board and approved by the city council to operate
a concession or concessions for the sale of specified goods, wares, and merchandise within
the city park or recreation or community center facilities of the city.
Board/Commission Recommendation
The Parks and Recreation Board unanimously approved the request at their meeting, January
26, 2004.
Staff Recommendation
Staff recommends approving the request.
Attachments
Parks and Recreation Vendor Request Form
Prepared by Reviewed by Finance City Manager Approval
CITY OF YLIE
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CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM
NAME OF GROUP,ORGANIZATION, INDIVIDUAL, ETC. EVENT INFORMATION
Name Girl Scout Troop 2426 Location Community Park
Address 3204 Waterpark Date(s) 2/21/2004
Phone No. 972-442-4477 Start Time 8:00 AM
Alternate Phone No. 214-565-5173 End Time 1:00 PM
Contact Person Name Candy Arrington Number of Individuals Vending Items 5
Address 3204 Waterpark Target Audience Wylie Soccer players
Phone No. 972-442-4477 Anticipated Number in Attendance at Event 100??
Alternate Phone No. 214-565-5173 Specific Items to be Sold Girl Scout cookies
Emergency Contact Name Brittani Holloway
Address
Phone No. 214-565-1300
Alternate Phone No.
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 facilities. If food is 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 obtain a Health Permit prior to the sale of such products. An
Inspector must examine the food preparation and food storage equipment to assure the health 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, peddle, sell or offer to
sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within
the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations,
firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are
recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of
specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city.
WYLIE CITY COUNCIL
AGENDA ITEM NO. D.
February 10, 2004
Issue
Consider and act upon a request from the Wylie High School Girls Softball Program to sell
concessions at Founders Park and Community Park for the Tanya Jo Thompson Memorial Softball
Tournament in March 4-6, 2004.
Background
The Wylie High School Girls Softball Program is requesting to sell concessions at Community Park
and Founders Park as a fundraiser for their program during the Tanya Jo Memorial Tournament.
This is the fourth year of this event.
Financial Considerations
N/A
Other Considerations
Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit
for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits,
candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or
recreation or community center facility; provided, however, that this section shall not apply to
any person, organizations, filiiis or corporations, or the agents of any person, or organization,
film or corporation, or employees of any person who are recommended by the parks and
recreation board and approved by the city council to operate a concession or concessions for the
sale of specified goods, wares, and merchandise within the city park or recreation or community
center facilities of the city.
Board/Commission Recommendation
The Parks and Recreation Board unanimously approved the request at their regular meeting,
January 26, 2004.
Staff Recommendation
Staff recommends approving the request.
Attachments
Parks and Recreation Vendor Request Form
Prepared by Reviewed by Finance City Manager Approval
CITY OF' YLIE
IIIIIIIII
iil iiiiiiiii iiiiiiiiiiiiuiiiii iiiiiiiniiiii iiiiiiiNiiiiii iiiiiiiii iiiii ii0
CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM
NAME OF GROUP,ORGANIZATION, INDIVIDUAL, ETC. EVENT INFORMATION
Name Heather Damron, Wylie High School Location All City Softball Fields
Address 2550 W. Hwy 544 Wylie Date(s) March 4,5,6
Phone No. 972-429-3494 Start Time varied
Alternate Phone No. End Time varied
Contact Person Name Number of Individuals Vending Items varied/food drinks
Address 2550 W. Hwy 544 Wylie Target Audience High School Softball Players and Parents
Phone No. 972-429-3494 Anticipated Number in Attendance at Event ?
Alternate Phone No. Specific Items to be Sold Various Concession Items
Emergency Contact Name
Address
Phone No.
Alternate Phone No.
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 facilities. If food is 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 obtain a Health Permit prior to the sale of such products.
An Inspector must examine the food preparation and food storage equipment to assure the health 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, peddle, sell or offer
to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever
within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person,
organizations,firms or corporations, or the agents of any person, or organization,firm or corporation, or employees of any person who
are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the
sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city.
WYLIE CITY COUNCIL
AGENDA ITEM NO. E.
February 10, 2004
Issue
Consider and act upon approval of final acceptance of the Kirby Street/Stone Road Connector
paving project and authorize final payment to JRJ Paving, in the amount of $13,198.12 and
accept the project as complete.
Background
On April 8, 2003 the Wylie City Council awarded a construction contract to JRJ Paving for the
construction of the Kirby Street/Stone Road connector. The project included approximately 6,400
square yards of 8-inch concrete pavement and related improvements.
A walk through has been performed and the contractor has addressed all of the items identified. No
change orders were issued for the project. The final contract price for the project after quantity
adjustments is $618,806.75 which is $443.78 more than the original contract amount.
Financial Considerations
$965,000 was identified in the bond program for the project. To date, approximately $1,296,000. has
been spent for engineering services, right-of-way purchase, and construction. $110,000 will be used
from eligible perimeter street funds and the remainder will be used from the miscellaneous street
improvements to cover the increase in the project cost.
Other Considerations
Acceptance by the City Council will initiate the one-year warranty period during which the contractor is
liable for any repairs that may be required. A provision in the contract provides that the warranty period
begins on the date of final acceptance by the City.
Staff Recommendations
The Engineer and Staff recommends final acceptance of the project and issuing final payment to JRJ
Paving in the amount of$13,198.12. The contractor has satisfactorily fulfilled the terms of the contract.
Attachments
Final Payment Request
Contractor Affidavit of Final Payment and Release
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. F.
February 10, 2004
Issue
Consider and act upon approving Resolution #2004-06(R), ordering a General Election to be held
jointly with the Wylie Independent School District and Collin County Community College District
on May 15, 2004 for the purpose of electing two members, Place 1 and 3, to the Wylie City
Council to fill expired terms.
Background
The offices of Place 1 and Place 3 will expire in May of 2004. By the proposed Resolution, the
City Council will order a General Election to be held jointly with the Wylie Independent School
District and Collin County Community College District on May 15, 2004. There will be one
election with Places 1, and 3 appearing on one ballot.
The Resolution stipulates the polling places where qualified voters can cast ballots for the
election. It also outlines the early voting by personal appearance locations. Early voting by
personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd.
Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas
beginning on Wednesday, April 28, 2004 through Tuesday, May 11, 2004 during normal working
hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, May 1, 2004 from 8:00
a.m. to 5:00 p.m. and Thursday, May 6, 2004 from 8:00 a.m. to 7:00 p.m. Applications for a
ballot by mail shall be requested from and mailed to the Collin County Elections Administration
Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
Applications for ballots by mail must be received no later than the close of business on May 7,
2004.
Financial Consideration
The City of Wylie will once again contract with the Collin County Elections Administration to
administer the election. The contract, once received from the CCEA will be placed on the agenda
for council approval. Funds have been budgeted to address both the general election and any
possible run-off election.
Other Consideration
N/A
Staff Recommendation
Staff recommends approval of the resolution.
Attachments
Resolution#2004-06(R)
Notice of Election
Election Calendar
Prepared by Reviewed by Finance City Manager Approval
RESOLUTION NO. 2003-06 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY
WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT AND COLLIN COUNTY
COMMUNITY COLLEGE DISTRICT,AND ADMINISTERED BY THE COLLIN COUNTY
ELECTIONS ADMINISTRATION ON MAY 15,2004,FOR THE PURPOSE OF ELECTING
THE POSITION OF TWO (2) MEMBERS, (PLACE 1 AND 3), TO THE WYLIE CITY
COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING
LOCATION OF POLLING PLACE; DESIGNATING FILING DEADLINES; ORDERING
NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION
WITH SUCH ELECTION.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, THAT:
SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent
School District and Collin County Community College District on Saturday, May 15, 2004, for the
purpose of electing two (2) City Council members to fill the following expiring terms on the Wylie
City Council; Place 1 and Place 3.
SECTION 2: The polling place where qualified voters shall cast ballots at such location in
the City of Wylie 2004 General Municipal Election is as follows:
County Election Precincts Polling Place
All City Precincts Precinct 153 & 159
Southfork Mobile Home Park
216 Southfork Blvd.
Wylie, Texas
Precincts 27, 33, 41, 56, 83,133
Wylie Bible Church
109 W. Jefferson
Wylie, Texas
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
SECTION 3: Early voting by personal appearance shall be available at the Collin County
Elections Office,2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex,
2000 N. Highway 78,Wylie, Texas, beginning on Wednesday, April 28, 2004 through Tuesday,May
11, 2004 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on
Saturday, May 1, 2004 from 8:00 a.m. to 5:00 p.m. and Thursday, May 6, 2004 from 8:00 a.m. to
Resolution:r
Order of Election
1
7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Collin County
Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102,
McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of
business on May 7, 2004.
SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing
deadlines for the General Election for Place 1 and 3; are as follows:
General Election Filing for Place 1 and 3
February 14, 2004 —March 15, 2004 at 5:00 p.m.
Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas.
SECTION 5: The City Secretary is hereby authorized and directed to publish and/or post,
in the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The Collin County Election contract shall designate
the election judges for the joint election.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin
County, Texas, on this the 10th day of February, 2004.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution:r
Order of Election
2
NOTICE OF PUBLIC HEARING
CITY OF WYLIE
TO CONSIDER AN ORDINANCE ADOPTING
THE STANDARDS OF CARE FOR YOUTH PROGRAMS
The Wylie City Council will hold a Public Hearing on Tuesday,February 10, 2004 at 6:00 p.m. in
the Council Chambers at the Municipal Complex, 2000 State Highway 78 North, Wylie, Texas.
The purpose of this hearing is to consider an Ordinance adopting the Standards of Care for Youth
Programs in compliance with the 1995 Senate Bill 212.
The proposed Standards of Care will comply with Senate Bill 212 and be a standard that will be
used for all youth programs run by the Wylie Parks and Recreation Department.
All citizens or interested parties who wish to comment concerning this request may speak during
the Public Hearing. The proposed Standards of Care are available for viewing in the City
Secretary's Office, 2000 State Highway 78 North, Wylie, Texas.
Robert Diaz
Assistant Superintendent
City of Wylie Parks&Recreation Department
NOTICE OF GENERAL ELECTION
To the registered voters of the City of Wylie, Texas:
Notice is hereby given that the City of Wylie,Collin County.Texas,has ordered a General Election to be held on May 15,2004 for the purpose of
electing Council members for Place 1 and 3. The polling places listed below will be open from 7:00 a.m. to 7:00 p.m. on May 15,2004.
CANDIDATE FILING SCHEDULE
General Election Filing for Place 1 and 3
February 14,2004—March 15,2004 at 5:00 p.m.
LOCATIONS OF POLLING PLACES
Precinct 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Precinct 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Precinct 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Precinct 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Early voting by personal appearance will be conducted each weekday at the following two locations:
Main Early voting location Branch location at the Wylie Municipal Complex
Collin County Elections Administration 2000 Highway 78 North,
2010 Rosebud Blvd., Suite 102,McKinney,Texas Wylie,Texas
You may Vote between the hours of 8:00 a.m.and 5:00 p.m.beginning Wednesday,April28,2004 and ending on Tuesday,May 11,2004.Extended
hours for early Voting will be held Saturday,May 1,2004 between 8:00 a.m.and 5:00 p.m.and on Thursday,May 6,2004 between 8:00 a.m.and
7:00 p.m. Applications for ballot by mail shall be mailed to:
Collin County Elections Administration Office
Attention:Elections Administrator
2010 Redbud Blvd., Suite 102 McKinney,Texas 75069
Applications for ballots by mail must be received no later than the close of business on May 7,2004.
Issued this the 10th day of February, 2004 by the U ylie City Council.
AVISO DE ELECCION GENERAL
A los votantes registrados de la Ciudad de Wylie, Texas:
Se da aviso por la presente que la Ciudad de Wylie,Condado de Collin,Estado de Texas,ha ordenado una Eleccion General que se llevara acabo el
15 de mayo,2004 con el proposito de elegir miembros del Concilio para el Puesto 1 y 3.Los centros electorales apuntados abajo estaran abiertos de
7: 00 a.m. -7: 00 p.m. el 15 de mayo,2004.
HORARIO PARA LA CLASIFICACION DEL CANDIDATO
Expediente de la eleccion general para el Puesto 1 y 3
Del 14 de Febrero,2004 a el 15 de Marzo,2004 a las 5:00 p.m.
LOCALES DEL LOS CENTROS ELECTORALES
Recinto 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas
Recinto 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Recinto 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas
Votacion temprana por apariencia personal se conducira cada dia laboral en los proximos dos locales:
Local principal de votacion temprana: Sucursal en el Wylie Municipal Complex
Administracion de elecciones del Condado de Collin 2000 Highway 78 North,
2010 Rosebud Blvd., Suite 102,McKinney,Texas Wylie,Texas
Puede Votar entre las horas de 8:00 a.m.-5:00 p.m.,empezando el miercoles,28 de april,2004 y terminando el martes, 11 de mayo,2004.Horas
extendidas para Votacion temprana se llevara acabo el sabado 1 de mayo,2004 dentro las horas de las 8:00 a.m.-5:00 p.m.el jueyes,6 de mayo,
2004 dentro de las horas de 8: 00 a.m. -5:00 p.m.. Solicitudes para boletos de votacion por correo deben ser enviadas a:
Collin County Elections Administration Office
Attention: Elections Administrator
2010 Redbud Blvd., Suite 102 McKinney,Texas 75069
Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio dell de mayo,2004.
Pubhcado este 10 de Febrero, 2004 por el conciho de la Ciudad de 11yhe.
WYLIE CITY COUNCIL
AGENDA ITEM NO. G.
February 10, 2004
Issue
Consider and act upon the approval of a Joint Election Agreement between the City of Wylie, WISD,
and Collin County Community College District for the May 15, 2004 General Election.
Background
By the terms of this agreement, the City of Wylie, WISD and the Collin County Community College
District do hereby agree, pursuant to the provisions of the Texas Election Code,to hold a joint election
for the General Election to be held on Saturday May 15, 2004. All entities will contract with the Collin
County Elections Administrator to perform various duties and responsibilities on behalf of the three
entities and that contract will be presented to council at a later date and will specify duties and costs to
administer the election. This agreement, once executed will formalize the joint election for May 15,
2004 between the entities and approve the equally shared cost for that election.
Other Consideration
Article 2, Section 1 (c)of the Home Rule Charter allows the Council to cooperate with the government
of any County for any lawful purpose for the advancement of the interests of its inhabitants.
Staff Recommendation
Staff recommends approval of the agreement.
Attachments
Joint Election Agreement
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM No. 1.
February 10, 2004
Issue
Receive input from citizens and discussion of existing sidewalk ordinance and alternatives for funding sidewalk
repairs.
Background
Alicia White residing at 814 Forest Edge Lane, Wylie, Texas has requested to be placed on the agenda
to discuss alternatives and to provide a solution regarding the recent implementation of Ordinance 2003-
26 Sidewalk Repair and Maintenance. Ms. White stated that other citizens may be present to address
council.
Financial Considerations
N/A
Other Considerations
Rule 9, Citizens' Right to be Heard of Resolution#2003-20 establishing Rules and Procedures for the
Conduct of City Council Meetings states that citizens may request to be placed on the agenda to appear
before Council by making a request to the City Secretary prior to any regularly scheduled meeting.
Such request must be received by the City Secretary not later than two o'clock (2:00) p.m. on the
Monday preceding the next scheduled council meeting. All materials to be presented to Council during
the discussion period must also be presented by the Monday deadline. This allows the citizens to address
the council and allows the council to discuss the issue, but no action or vote will be taken by the council.
Ms. White has stated that the e-mail received by the City Secretary, February 2, 2004 is the only
material that will be presented.
Attachments
Copy of e-mail correspondence requesting to be placed on the agenda
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2.
February 10, 2004
Issue
Consider and act upon authorizing the Wylie Economic Development Corporation
(WEDC) to enter into a note with the Birmingham Land Trust for the purchase of±5.2
acres located near the intersection of F.M. 544 and Sanden Boulevard.
Background
Since November 6, 2003, the WEDC has been developing an incentive package for
Project "Bright Light" which could bring ±100 jobs and an $8 million investment to
the Wylie community. Prior to the offering of an incentive package to "Bright Light",
the WEDC was required to contractually secure the Birmingham tract so that the land
could be offered within the package. In addition to the land, other incentives are
currently being negotiated with the company.
The Birmingham Land Trust was originally asking $3.00 per square foot for the
property. In an effort to negotiate a lower cost per square foot, the WEDC proposed a
financing package through the Trust with teiius of 60 months at 7% interest annually.
Based upon the negotiated $2.00 per square foot sales price ($453,024), the financing
package increased the Trust's yield to $2.25 per square foot over the life of the note.
While "Bright Light" is still considering the WEDC incentive package, the WEDC
Board of Directors directed staff to secure the property regardless of "Bright Light's"
acceptance to the WEDC incentive package. This decision was made based upon a
favorable purchase price, the increasing value of real estate in Wylie, and the
difficulties involved in negotiating with a third party land owner during the process of
relocating a company.
Other Considerations
N/A
Financial Consideration
Based upon the attached note and commitment to the Birmingham Land Trust, the
WEDC will have an annual debt service of$36,000. In addition to the $150,000 down
payment, the WEDC will cash flow revenue in excess of expenditures of $113,216 and
$195,572 in FY 2003 — 2004 and FY 2004 — 2005 respectively. The WEDC cash flow
analysis includes $306,000 in committed funds for incentive packages and assumes a
10% sales tax growth rate.
Board/Commission Recommendations
On January 22, 2004, the WEDC Board of Directors unanimously approved the
purchase of the above referenced tract from the Birmingham Land Trust.
Staff Recommendations
The WEDC Executive Director recommends that the Wylie City Council authorize the
WEDC execute all necessary documentation to effectuate the purchase of±5.2 acres from
the Birmingham Land Trust.
Attachments
Note
Security Agreement
5.2 acre Site Aerial
Prepared by Reviewed by Finance City Manager Approval
SECURITY AGREEMENT
Date: March 1, 2004
Debtor: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation
Debtor's Mailing Address: 2000 Highway 78 North
Wylie, Texas 75098
Secured Party:F. OVID BIRMINGHAM LAND TRUST
Secured Party's Mailing Address: c/o Jon Lewis
7030 N. Shiloh Rd., Suite 150
Garland, Texas 75044
Classification of Collateral: Accounts/Documents/General intangibles
Collateral (including all accessions):
Debtor's interest in sales tax revenues now or hereafter accruing to Debtor, and all after-acquired
Collateral of the same classification, and all proceeds thereof, in an amount equal at all times, to
the unpaid principal balance of the Note.
Obligation
Note:
Date: March 1, 2004
Original principal amount: THREE HUNDRED THREE THOUSAND
TWENTY FOUR AND NO/100 DOLLARS
($303,024.00)
Borrower: WYLIE ECONOMIC DEVELOPMENT CORPORATION,
a Texas corporation
Lender: F. OVID BIRMINGHAM LAND TRUST
Maturity date: March 1, 2009
Terms of payment: As therein provided.
Debtor's Representation Concerning Location of the Collateral:
L:AAgenda Packets\Agenda Packets 2004\02-February\02-10-2004\Attachment Item#1-Security Agreement-2.doc
Page 1
Debtor grants to Secured Party a security interest in the Collateral and all its proceeds to secure
the Obligation and all renewals of the Obligation.
A. Debtor represents and warrants the following:
1. Debtor owns the Collateral and has the authority to grant this security interest, free from
any setoff, claim, restriction, security interest, or encumbrance except liens for taxes not yet due.
2. None of the Collateral is an accession to any goods, is commingled with other goods, or
will become an accession or part of a product or mass with other goods except as provided in this
agreement.
3. All information about Debtor's financial condition is or will be accurate when provided to
Secured Party.
4. None of the Collateral is affixed to real estate.
B. Debtor agrees to—
1. Defend the Collateral against all claims adverse to Secured Party's interest; keep the
Collateral free from liens, except for liens in favor of Secured Party or for taxes not yet due; keep
the Collateral in Debtor's possession and ownership except as otherwise provided in this
agreement; maintain the Collateral in good condition; and protect the Collateral against waste,
except for ordinary wear and tear.
2. Pay all Secured Party's expenses incurred to obtain, preserve, perfect, defend, and enforce
this agreement or the Collateral and to collect or enforce the Obligation. These expenses will
bear interest from the date of advance at the rate stated in the Note for matured, unpaid amounts
and are payable on demand at the place where the Obligation is payable. These expenses and
interest will become part of the Obligation and will be secured by this agreement.
3. Sign any documents that Secured Party considers necessary to obtain, maintain, and
perfect this security interest.
4. Notify Secured Party immediately of any material change in the Collateral; change in
Debtor's name, address, or location; change in any warranty or representation in this agreement;
change that may affect this security interest; and any event of default.
5. Use the Collateral primarily according to the stated classification.
6. Maintain accurate records of the Collateral; furnish Secured Party any requested
information related to the Collateral; and allow Secured Party to inspect and copy all records
relating to the Collateral.
7. Allow Secured Party to inspect the Collateral.
L:AAgenda Packets\Agenda Packets 2004\02-February\02-10-2004\Attachment Item#1-Security Agreement-2.doc
Page 2
C. Debtor agrees not to-
1. Sell, transfer, or encumber any of the Collateral, except in the ordinary course of Debtor's
business.
2. Except as permitted in this agreement, permit the Collateral to be affixed to any real
estate, to become an accession to any goods, to be commingled with other goods, or to become a
fixture, accession, or part of a product or mass with other goods.
D. Insurance and Risk of Loss
1. Debtor will insure the Collateral in accordance with Secured Party's reasonable
requirements regarding choice of carrier, casualties insured against, and amount of coverage.
Policies must be written in favor of Debtor, be endorsed to name Secured Party as an additional
insured or as otherwise directed in writing by Secured Party, and provide that Secured Party will
receive at least ten days' notice before cancellation. Debtor must provide copies of the policies or
certificates to Secured Party.
2. Debtor assumes all risk of loss to the Collateral.
3. Debtor appoints Secured Party as attorney-in-fact to collect any returned unearned
premiums and proceeds of any insurance on the Collateral and to endorse and deliver to Secured
Party any payment from such insurance made payable to Debtor. Debtor's appointment of
Secured Party as Debtor's agent is coupled with an interest and if Debtor is an individual will
survive any disability of Debtor.
E. Default and Remedies
1. Debtor's defaults are—
a. failing to timely pay or perform any obligation or covenant in any written agreement
between Debtor and Secured Party;
b. making any false warranty, covenant, or representation in this agreement to Secured
Party;
c. having a receiver appointed for Debtor or any of the Collateral;
d. assigning the Collateral for the benefit of creditors;
e. to the extent permitted by law, having bankruptcy or insolvency proceedings commenced
against or by any of the following parties: Debtor; any partnership of which Debtor is a general
partner; or any maker, drawer, acceptor, endorser, guarantor, surety, accommodation party, or
other person liable on or for any part of the Obligation;
L:AAgenda Packets\Agenda Packets 2004\02-February\02-10-2004\Attachment Item#1-Security Agreement-2.doc
Page 3
f. the dissolution of any of the following parties: Debtor; any partnership of which Debtor is
a general partner; or any maker, drawer, acceptor, endorser, guarantor, surety, accommodation
party, or other person liable on or for any part of the Obligation; and
g. permitting the impairment of any of the Collateral by loss, theft, damage, or destruction,
unless it is promptly replaced with collateral of like kind and quality or restored to its former
condition.
2. During the existence of any default, Secured Party may—
a. demand, collect, convert, redeem, settle, compromise, receipt for, realize on, sue for, and
adjust the Collateral either in Secured Party's or Debtor's name, as Secured Party desires, or take
control of any proceeds of the Collateral and apply the proceeds against the Obligation;
b. declare the unpaid principal and earned interest of the Obligation immediately due in
whole or part;
c. enforce the Obligation; and
d. exercise any rights and remedies granted by law or this agreement.
3. Foreclosure of this security interest by suit does not limit Secured Party's remedies,
including the right to sell the Collateral under the terms of this agreement. Secured Party may
exercise all remedies at the same or different times, and no remedy is a defense to any other.
Secured Party's rights and remedies include all those granted by law and those specified in this
agreement.
4. Secured Party's delay, partial exercise, or failure to exercise any of its remedies or rights
does not waive Secured Party's rights to subsequently exercise those remedies or rights. Secured
Party's waiver of any default does not waive any further default by Debtor. Secured Party's
waiver of any right in this agreement or of any default is binding only if it is in writing. Secured
Party may remedy any default without waiving it.
5. If the Collateral is sold after default, recitals in the bill of sale or transfer will be prima
facie evidence of their truth, and all prerequisites to the sale specified by this agreement and by
law will be presumed satisfied.
F. General
1. Secured Party may at any time—
a. take control of proceeds of insurance on the Collateral and reduce any part of the
Obligation accordingly or permit Debtor to use the funds to repair or replace the Collateral; and
b. purchase single-interest insurance coverage that will protect only Secured Party if Debtor
fails to maintain insurance and premiums for the insurance will become part of the Obligation.
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2. Notice is reasonable if it is mailed, postage prepaid, to Debtor at Debtor's Mailing
Address at least ten days before any public sale or ten days before the time when the Collateral
may be otherwise disposed of without further notice to Debtor.
3. This security interest will attach to after-acquired consumer goods only to the extent
permitted by law.
4. This security interest will neither affect nor be affected by any other security for any of
the Obligation. Neither extensions of any of the Obligation nor releases of any of the Collateral
will affect the priority or validity of this security interest.
5. This agreement binds, benefits, and may be enforced by the successors in interest of the
parties, except as otherwise provided. Assignment of any part of the Obligation and Secured
Party's delivery of any part of the Collateral will fully discharge Secured Party from
responsibility for that part of the Collateral. All representations, warranties, and obligations are
joint and several as to each Debtor.
6. This agreement may be amended only by an instrument in writing signed by Secured
Party and Debtor.
7. The unenforceability of any provision of this agreement will not affect the enforceability
or validity of any other provision.
8. This agreement will be construed according to Texas law. This agreement is to be
performed in the county of Secured Party's Mailing Address.
9. Interest on the Obligation secured by this agreement will not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received
under law. Any interest in excess of that maximum amount will be credited on the principal of
the Obligation or, if that has been paid, refunded. On any acceleration or required or permitted
prepayment, any such excess will be canceled automatically as of the acceleration or prepayment
or, if already paid, credited on the principal of the Obligation or, if the principal of the Obligation
has been paid, refunded. This provision overrides any conflicting provisions in this and all other
instruments concerning the Obligation.
10. In no event may this agreement secure payment of any debt subject to title IV of the
Texas Finance Code or create a lien otherwise prohibited by law.
11. When the context requires, singular nouns and pronouns include the plural.
12. The term Note includes all extensions and renewals of the Note and all amounts secured
by the Note.
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13. If Borrower and any party executing any document evidencing the Obligation are not the
same person, the term Debtor includes the party executing the document evidencing the
Obligation.
14. Debtor represents that this agreement and the Note are given for the following purposes:
to finance Debtor's acquisition of certain real property situated in the City of Wylie, Collin
County, Texas.
15. The following addenda are attached to this agreement and incorporated into it for all
purposes: None
WYLIE ECONOMIC DEVELOPMENT
CORPORATION
By:
Prepared in the Law Office of:
Abernathy, Roeder, Boyd & Joplin, P.C.
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
GRH/lb
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PROMISSORY NOTE
Date: March 1, 2004
Borrower: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation
Borrower's Mailing Address: 2000 Highway 78 North
Wylie, Texas 75098
Lender: F. OVID BIRMINGHAM LAND TRUST
Place for Payment: c/o Jon Lewis
7030 N. Shiloh Rd., Suite 150
Garland, Texas 75044
Principal Amount: THREE HUNDRED THREE THOUSAND TWENTY
FOUR AND NO/100 DOLLARS ($303,024.00)
Annual Interest Rate: Seven Percent (7%) per annum
Maturity Date: March 1, 2009
Annual Interest Rate on Matured, Unpaid Amounts: Eighteen Percent (18%) per annum
Terms of Payment (principal and interest):
Principal and interest shall be due and payable in monthly installments of SIX
THOUSAND AND 24/100 DOLLARS ($6,000.24), each, payable on the
day of each and every calendar month, beginning April 1, 2004, and continuing
regularly and monthly thereafter, until the whole of said sum, with interest, has
been duly paid, interest being calculated on the unpaid principal to the date of each
installment paid and the payment made credited first to the discharge of the interest
accrued and the balance to the reduction of the principal.
Security for Payment: This note is secured by a Security Agreement of even date herewith,
executed by Borrower in favor of Lender, pledging a portion of Borrower's sales tax revenue in
an amount equal at all times, to the unpaid principal balance of this Note.
Borrower promises to pay to the order of Lender the Principal Amount plus interest at the Annual
Interest Rate. This note is payable at the Place for Payment and according to the Terms of
Payment. All unpaid amounts are due by the Maturity Date. After maturity, Borrower promises to
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pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid
Amounts.
If Borrower defaults in the payment of this note or in the performance of any obligation in any
instrument securing or collateral to this note, Lender may declare the unpaid principal balance and
earned interest on the note immediately due. Borrower and each surety, endorser, and guarantor
waive all demand for payment, presentation for payment, notice of intention to accelerate
maturity, notice of acceleration of maturity, protest, and notice of protest, to the extent permitted
by law.
Borrower also promises to pay reasonable attorney's fees and court and other costs if this note is
placed in the hands of an attorney to collect or enforce the note. These expenses will bear interest
from the date of advance at the Annual Interest Rate on Matured, Unpaid Amounts. Borrower
will pay Lender these expenses and interest on demand at the Place for Payment. These expenses
and interest will become part of the note and will be secured by any security for payment.
Interest on the debt evidenced by this note will not exceed the maximum rate or amount of
nonusurious interest that may be contracted for, taken, reserved, charged, or received under law.
Any interest in excess of that maximum amount will be credited on the Principal Amount or, if the
Principal Amount has been paid, refunded. On any acceleration or required or permitted
prepayment, any excess interest will be canceled automatically as of the acceleration or
prepayment or, if the excess interest has already been paid, credited on the Principal Amount or, if
the Principal Amount has been paid, refunded. This provision overrides any conflicting provisions
in this note and all other instruments concerning the debt.
Borrower may prepay this note in any amount at any time before the Maturity Date without
penalty.
When the context requires, singular nouns and pronouns include the plural.
WYLIE ECONOMIC DEVELOPMENT CORPORATION
By:
Prepared in the Law Office of:
Abernathy, Roeder, Boyd & Joplin, P.C.
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
GRH/lb
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WYLIE CITY COUNCIL
AGENDA ITEM NO. I
February 10 , 2004
Issue
Consider and act upon authorizing the City Manager to execute and award a contract to
Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, in the amount of$146,000 for
engineering services related to the construction of the two million gallon Creekside elevated
storage tank.
Background
The water system for the City of Wylie currently operates on one pressure plane and consists of three
water pump stations and two elevated storage tanks. The existing tanks located on South Ballard Ave.
and Decker Court have a total capacity of 1,000,000 gallons. TNRCC requires that water systems with
more than 250 connections have an elevated storage capacity of 100 gallons per connection and a
pumping capacity of 2 gallons per minute per connection. Currently, we have approximately 8,000 water
connections, which equates to a required elevated storage capacity of 800,000 gallons and 16,000
gallons per minute (gpm)required pumping capacity. However, if an elevated storage capacity of 200
gallons per connection is provided (1,600,000 gallons), then the required pumping capacity is 0.6 gpm
per connection or 4,800 gpm. Two new pumps were recently added to the Newport Harbor pump
station bringing the total pump capacity for the City of Wylie to 13,700 gpm which is 2,300 gpm less
than the required amount. Upon completion of the new elevated tank,the City will have excess capacity
in elevated storage and pumping to better serve the project growth over the next few years. We are
currently updating the water system model and the water capital improvements plan which will identify
other system upgrades necessary to serve the projected growth over the next 10 years.
The proposed Creekside elevated storage tank will have a capacity of 2,000,000 gallons and be
constructed to provide better pressure to the higher elevations in the north west portions of the City. A
site for the tank has been identified and will be dedicated to the City by the developer of the Creekside
subdivision. The City's water system will be split into two separate systems with interconnects to feed
between the two pressure planes in emergency situations.
Financial Considerations
The current water impact fee fund balance is$2,870,000, however,the Creekside elevated tank was not
included in the last impact fee update. Birkhoff, Hendricks& Conway is currently updating the City's
impact fees and the new elevated tank will be included in the calculation making the current funds
available for the project. Funds from the utility fund will be used for the engineering contract and will be
reimbursed by the water impact fees. The projected construction cost of the elevated tank is$2,600,000.
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Authorize the City Manager to execute and award a contract to Birkhoff,Hendricks&Conway,L.L.P.,
Consulting Engineers, in the amount of$146,000 for engineering services related to the construction of
the Creekside elevated storage tank.
Attachments
Engineering services agreement from, Hendricks & Conway, L.L.P., Consulting Engineers.
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
February 10, 2004
Issue
Consider and act upon authorizing the City Manager to execute a change order with Rycon,Inc.
in the amount of$50,210.00 for the replacement of the Valentine Creek sewer.
Background
A construction contract was awarded to Rycon, Inc. for paving and utility improvements along
Cottonbelt, Cooper, and Jackson Streets on November 11, 2003. The proposed change order includes
the replacement of a deteriorated 12-inch clay-tile sewer line along Valentine Creek with a new 15-inch
pvc sewer line as shown on the attached map. The worst section of the sewer line was replaced by
Cullum Construction in May of 2002 and this project will complete the replacement.
Financial Considerations
The FY 2004 utility budget included $90,000 for the replacement of the sewer line.
Other Considerations
The amount of the change order is within the 25% contract adjustment allowed by state law.
Staff Recommendations
Staff recommends approval of the change order to Rycon, Inc. in the amount of$50,210.00 for the
replacement of the Valentine Creek sewer line.
Attachments
Change Order#1
Display
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 5.
February 10, 2004
Issue
Consider and act upon council approval to filter the City of Wylie Library Computers to comply with
Children's Internet Protection Act regulations.
Background
The Children's Internet Protection Act(CIPA)and the Neighborhood Children's Internet Protection
Act(NCIPA)passed Congress in December of 2000. Both were part of a large federal appropriations
measure(PL 106-554). The Federal Communications Commission released its regulations for CIPA
and NCIPA in April 5, 2001. In March 2001 several groups, including the American Library
Association (ALA) and the American Civil Liberties Union (ACLU), filed suit to prevent the
enforcement of CIPA's filtering requirement in public libraries. A trial was held in March 2002 in
federal district court in Philadelphia. On May 31, 2002,the CIPA filtering mandate for public libraries
was declared unconstitutional on first amendment grounds by the district court. The U.S. Justice
Department appealed the district court's decision to the U.S. Supreme Court. On June 23, 2003,the
Supreme Court announced its decision to overturn the May 2002 decision and uphold the Children's
Internet Protection Act (CIPA).
Libraries have considerable authority over defining a filters effectiveness;local policies should reflect
this authority. Libraries must make their patrons aware of limitations in filter technology regarding the
blocking of images defined in CIPA. (Note: the limitations are clearly stated in the policy.)
The FCC presumes that Congress did not intend to penalize schools or libraries that act in good faith
to implement filters. The FCC notes that failure to comply with the law's requirements 'could also
engender concern among library patrons and parents of students at the school. We believe that
schools and libraries will act appropriately in order to avoid such outcomes.'In other words,the FCC
will rely, in part, on community 'concern' to serve as one mechanism to enforce compliance.
There may still be instances in which a patron claims the library is in violation of CIPA (e.g., too
many banned images get through the filter). Any such complaints should be dealt with following the
library's regularly established policies and procedures. While CIPA itself has no language authorizing
citizens to initiate a legal action against the library, nothing precludes a citizen from doing so as an
'as-applied challenge.' If a library is ultimately found not in compliance, the FCC can require that it
forfeit its E-rate discount for the time it was out of compliance.
The library director did detailed research to find filtering vendors and requested RFI's from them.
ALA has a model RFI that was used as a guideline. Paul Wilson, technical consultant, did the
technical research and determined which filtering vendors use an appliance rather than requiring the
purchase of a server which would be costly. The RFI's were reviewed and Paul Wilson determined
which solutions would be compatible with the network we have in place now.
The staff has determined that is going to be very time intensive to continually turn the filters on and
off for patrons. Legally, staff is required to unblock the filter if a patron requests it. Staff can not
ask patrons what they plan to research. One of the filters has a timer and it can be set for any
amount of time. After that time expires, the filtering is turned back on. Staff is concerned about a
patron leaving a computer while the filter is off and the next user having unfiltered access. Adjusting
the time to a more limited time seems unfair for the patron doing research. The other solution tested
has another method to re-enable the filter, but it requires a staff person. The Library averages 375
hours of internet use a month. Most patrons use the internet for thirty minute intervals which means
an average of 16 people a day use the net. It is going to be very time consuming for staff to disable
filters continually all day when they already have a considerable work load.
An alternative solution is being researched which is to have some unfiltered computers for adults and
other computers filtered for minors under age 18. Staff could possibly control the use of minors
through a login screen. This solution may work with some filtering packages.Further research will be
done if Council votes to filter.
Other Consideration
The City Attorney has reviewed the language in the Internet Policy.
The law does not require the filtering of text. The filter must protect against access to visual
depictions that are:
1. Obscene: This is defined in a reference to section 1460 of title 18, U.S. Code.
2. Child pornography: This is defined in a reference to section 2256 of title 18, U.S. Code.
3. Harmful to minors: This is applicable only to Internet access by minors. It is defined in
CIPA and means any picture, image, graphic image file, or other visual depiction that:
a. taken as a whole, appeals to a prurient interest in nudity, sex, or excretion;
b. depicts, describes, or represents, in a patently offensive way, an actual or simulated
sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a
lewd exhibition of the genitals; and
c. taken as a whole, lacks serious literary, artistic, political, or scientific value.
(Excerpt from http://www.dpi.state.wi.us/dltcl/pld/cipafaq.html)
Financial Consideration
The Library receives $3500 in discounts from the ERATE for the T-1 line. Staff has researched
filtering solutions and found they range in price. The initial costs range from $2500 to $6000 and
annual costs range from $500 to $1000. Staff has tested two lower costs solutions that are not
feasible solutions.
Board/Commission Recommendation
The Board voted in a tie (3-3) on January 19th on the filtering issue.
Staff Recommendation
N/A
Prepared by Reviewed by Finance City Manager Approval
EXECUTIVE SUMMARY
The Children's Internet Protection Act requires public libraries to install Internet filtering software on all of its
computers(public access and staff)if the library uses federal money(PRATE) to purchase Internet access. (t-1 line)
The deadline to have filters in place is July 1,2004. The Library receives$3500 a year for the t-1 line discount. Staff
has researched filtering solutions and found they range in price. The initial costs range from $2500 to $6000 and
annual costs range from$500 to$1000. Two lower costs solutions have been tested that are not feasible. Legally,staff
is required to unblock the filter if a patron requests it. The staff has determined that it will be very time intensive to
continually turn the filters on and off for patrons. The board had a split vote of 3-3 on whether or not to filter the
Library's computers.
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6.
February 10 , 2004
Issue
Hold a Public Hearing and consider and act upon adopting Ordinance #2004-06 regarding the
Standards of Care for Youth Programs.
Background
This is the fifth adoption of an ordinance establishing the Standards of Care for Youth Programs for
the City of Wylie. The Standards of Care for Youth Programs must be reviewed each year and a
new ordinance adopted reflecting the approval of those standards in accordance with Texas Senate
Bill 212 Section 42.041. Ordinance#2004-06 reflects no changes from last years review.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
The Parks and Recreation Department have reviewed the plan and recommend approval.
Attachments
Ordinance#2004-06 and Standards of Care
Memo
Notice of Publication
Prepared by Reviewed by Finance City Manager Approval
City of Wylie
Parks and Recreation
Department
Memo
To: Office of the City Manager
From: Robert Diaz,Assistant Superintendent
Date: 3/6/2008
Re: Adoption of Standards of Care for Wylie Youth Programs
In order to establish youth programs, it will be necessary for the Wylie City Council to adopt an
ordinance establishing a standards of care for youth programs that complies with the 1995 Senate Bill
212.
The Senate Bill 212 states the following:
Section 42.041 (b) (14)
Elementary age (ages 5-13) recreation programs operated by a municipality; provided the
governing body of the municipality annually adopts standards of care by ordinance after a
public hearing for such programs and that such standards are provided to the parents of each
program participant. Such ordinances shall include at a minimum, staff ratios, minimum staff
qualification, minimum facility and safety standards, and mechanisms for monitoring and
enforcing the adopted local standards,further, provided that parents be informed the program
is not licensed by the state and the program not be advertised as a childcare facility.
The above legislation determines that the City will become exempt from any licensing from the Texas
Department of Protective and Regulatory Services if the standards of care establishes the following:
1. Staff Ratios
2. Minimum Staff Requirements
3. Minimum facility, health, and safety standards
4. Monitoring and enforcement mechanisms for adopted local standards
5. A process to notify parents that the program is not licensed by the State
6. A policy that the program will not be advertised as a childcare facility
I am submitting a copy of the standards of care that will comply with the Senate Bill 212 and be a
standard that will be used for all youth programs run by the Wylie Parks and Recreation Department.
• Page 1
ORDINANCE NO. 2004-06
AN ORDINANCE OF THE CITY OF WYLIE ADOPTING
STANDARDS OF CARE FOR THE WYLIE YOUTH
PROGRAMS
WHEREAS, the City of Wylie will be establishing a history of providing youth
programs that contribute to the overall well being of Wylie youth and families;
and;
WHEREAS, a hearing before the City Council was set for February 10, such
date being at least 7 days after publication of the notice of such public hearing;
said notice appearing in the Wylie News on January 28 and February 4, 2004;
and;
WHEREAS, the intent of the City is to adopt Standards of Care for its youth
programs that fulfill the requirements of Senate Bill 212 as it amends Section
42.041 of the Texas Human Resource Code.
NOW THEREFORE BE IT ORDAINED, by the City Council of the City of
Wylie, Texas that:
Section 1. The Wylie Youth Programs' Standards of Care as detailed in
Attachment"A" are hereby adopted.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THIS THE 10th Day of February, 2004
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
STANDARDS OF CARE
WYLIE YOUTH PROGRAMS
The following Standards of Care will be adopted by the City Council of the City of
Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas
Legislature during the 74th legislative session. The Standards of Care are intended to be
minimum standards by which the City of Wylie Parks and Recreation Department will
operate the City's Youth Programs. The programs operated by the City are recreational in
nature and are not day care programs.
GENERAL ADMINISTRATION
1. Organization
A. The governing body of the City of Wylie Youth Programs is the Wylie
City Council.
B. Implementation of the Youth Programs Standards of Care is the
responsibility of the Parks and Recreation Department Managing Director
and Departmental employees.
C. Youth Programs ("Program") to which these Standards of Care will apply
is the Wylie Wave Summer Youth Program.
D. Each Youth Program site will have available for public and staff review a
current copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of
Care during the registration process.
F. Criminal background checks will be conducted on prospective Youth
Program employees. If results of that criminal check indicate that an
applicant has been convicted of any of the following offenses, he or she
will not be considered for employment:
(1) a felony or a misdemeanor classified as an offense against a person
or family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control
the possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) a felony or misdemeanor classified as DWI (driving while
intoxicated) or DUI(driving under the influence);
(6) any offense that would potentially put youth participants or the
City of Wylie at risk.
2. Definitions
A. City: City of Wylie
B. City Council: City Council of the City of Wylie
C. Department: Parks and Recreation Department of the City of Wylie
D. Youth Programs or Program: City of Wylie Youth Programs consisting of
the Wylie Wave Summer Youth Program and future youth programs.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Wylie Youth
Programs
F. Director: City of Wylie City Manager or his or her disignee.
G. Program Coordinator: City of Wylie Parks and Recreation Department
full-time Assistant Superintendent has been assigned administrative
responsibility for the Wylie Wave Summer Youth Program
H. Site Supervisor, Assistant Site Supervisor and Program Leader: City of
Wylie Parks and Recreation Department seasonal part-time employees
who have been assigned responsibility to implement the City's Youth
Programs
L Program Site: Area and facilities where Wylie Youth Programs are held
consisting of a Wylie Independent School District(W.I.S.D.) facility (i.e.
Wylie Jr. High).
J. Participant: A youth whose parent(s) have completed all required
registration procedures and determined to be eligible for a Wylie Youth
Program
K. Parent(s): This term will be used to represent one or both parent(s) or
adults who have legal custody and authority to enroll their child(ren) in the
Wylie Youth Programs
L. Employee(s): Term used to describe people who have been hired to work
for the City of Wylie and have been assigned responsibility for managing,
administering, or implementing some portions of the Wylie Youth
Programs
3. Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Supervisor of
each Program to confirm the Standards of Care are being adhered to.
(1) Inspection reports will be sent to the Assistant Superintendent for
review and kept on record for at least two years.
(2) The Assistant Superintendent will review the report and establish
deadlines and criteria for compliance with the Standards of Care.
B. The Asst. Superintendent will make visual inspections of the Program
based on the following schedule:
The Wylie Summer Youth Program will be inspected twice during
its summer schedule.
C. Complaints regarding enforcement of the Standards of Care will be
directed to the Coordinator. The Coordinator will be responsible to take
the necessary steps to resolve the problems. The Assistant Superintendent
will record complaints regarding enforcement of the Standards of Care and
their resolution. Serious complaints regarding enforcement of the
Standards of Care will be addressed by the City Manager (or their
designee) and the complaint and the resolution will be noted.
D. The Assistant Superintendent will make an annual report to the City
Council on the overall status of the Youth Programs and their operation
relative to compliance with the adopted Standards of Care.
4. Enrollment
A. Before a child can be enrolled, a parent must sign registration forms that
contain the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during
Program hours;
(3) the names and telephone numbers of people to whom the child can
be released;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability waiver.
5. Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a City employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the Recreation Superintendent. The Superintendent will
immediately notify the Police Department and any other agency as may be
appropriate.
Texas state law requires the staff of these youth programs to report any suspected
abuse or neglect of a child to the Texas Department of Protective and Regulatory
Services or a law enforcement agency. Failure to report suspected abuse is
punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential
reports may be made by calling 1-800-252-5400.
STAFFING- RESPONSIBILITIES AND TRAINING
6. Youth Program Coordinator("Coordinator") Qualifications
A. Coordinators will be full-time, professional employees of the Wylie Parks
and Recreation Department and will be required to have all Program
Leader qualifications as outlined in Section 7 of this document.
B. Coordinators must be at least 21 years old.
C. Coordinators must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation;
(2) Physical Education; or
(3) Any other comparable degree plan that would lend itself to
working in a public recreation environment
D. Coordinators must have two years experience planning and implementing
recreational activities.
E. Coordinators must pass a background investigation including testing for
illegal substances.
F. Coordinators must have successfully completed a course in first aid and
Cardio Pulmonary Resuscitation (CPR) based on either American Heart
Association or American Red Cross standards.
G. Coordinator must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
7. Coordinator's Responsibilities
A. Coordinators are responsible to recommend for hire, supervise, and
evaluate the Site Supervisor and Leaders.
B. Coordinators are responsible to plan, implement, and evaluate programs.
8. Youth Program Leader/Site Supervisor/Assistant Site Supervisor("Leader")
Qualifications
A. Leaders will be part-time or temporary employees of the Parks and
Recreation Department.
B. Leaders working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Leaders should be able to consistently exhibit competency, good
judgement, and self-control when working with children.
D. Leaders must relate to children with courtesy, respect, tolerance, and
patience.
E. Leaders must have successfully completed a course in first aid and CPR
based on either American Heart Association or American Red Cross
standards. An exception can be made for no more than one staff person at
each site, and that person shall successfully complete a first aid and CPR
course within four weeks of starting work.
F. Leaders must pass a background investigation including testing for illegal
substances.
G. Leaders must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
9. Leader Responsibilities
A. The Site Supervisor is responsible to administer the Programs' daily
operations in compliance with the adopted Standards of Care.
B. Leaders will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and
can participate in appropriate social opportunities with their peers.
C. Leaders will be responsible to know and follow all City, Departmental,
and Program standards, policies, and procedures that apply to Wylie
Youth Programs.
D. Leaders must ensure that participants are released only to a parent or an
adult designated by the parent. All Program sites will have a copy of the
Department approved plan to verify the identity of a person authorized to
pick up a participant if that person is not known to the Leader.
10. Training/Orientation
A. The Department is responsible for providing training and orientation to
Program employees in working with children and for specific job
responsibilities. Coordinators will provide each Leader with a Program
manual specific to each Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental,
and Program policies and procedures, provision of recreation activities,
safety issues, child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
11. Staff-Participant Ratio
A. In a Wylie Youth Program, the standard ratio of participants to Leaders
will be 15 to 1. In the event a Leader is unable to report to the Program
site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for
him or her and who is aware of the participant's habits, interests, and any
special problems as identified by the participant's parent(s) during the
registration process.
12. Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the
parent(s) of participants. Parents will be asked to sign discipline reports to
indicate they have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed
in the Program Manual may result in a participant being suspended from
the Program.
F. In instances where there is a danger to participants or staff, offending
participants will be removed from the Program site as soon as possible.
13. Programming
A. Program employees will attempt to provide activities for each group
according to the participants' ages, interests, and abilities. The activities
must be appropriate to participants' health, safety, and well being. The
activities also must be flexible and promote the participants' emotional,
social, and mental growth.
B. Program employees will attempt to provide that indoor and outdoor time
periods include:
(1) alternating active and passive activities;
(2) opportunity for individual and group activities; and
(3) outdoor time each day weather permits.
C. Program employees will be attentive and considerate of the participants'
safety on field trips and during any transportation provided by the
Program.
(1) During trips, Program employees supervising participants must
have immediate access to emergency medical forms and
emergency contact information for each participant.
(2) Program employees must have a written list of the participants in
the group and must check the roll frequently.
(3) Program employees must have first aid supplies and a guide to first
aid and emergency care available on field trips.
14. Communication
A. Each Program site will have a pager/cell phone to allow the site to be
contacted by City personnel, and each site will have access to a telephone
for use in contacting the City personnel or making emergency calls.
B. The Program Site Supervisor will post the following telephone numbers
adjacent to a telephone accessible to all Program employees at each site:
(1) Wylie emergency medical services and police department.
(2) Numbers at which parents/staff may be reached; and
(3) The telephone number for the site itself.
15. Transportation
A. Before a participant may be transported to and from city sponsored
activities, a transportation form, completed by the parent of the participant
must be filed with the Program Site Supervisor.
B. First aid supplies and a first aid and emergency care guide will be
available in all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have
available a 6-BC portable fire extinguisher which will be installed in the
passenger compartment of the vehicle and must be accessible to the adult
occupants.
FACILITY STANDARDS
16. Safety
A. Program employees will inspect Program sites daily to detect sanitation
and safety concerns that might affect the health and safety of the
participants. A daily inspection report will be completed by Program
employees and kept on file by the Coordinator.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have first aid supplies readily available at each
site, during transportation to an off-site activity, and for the duration of
any off-site activity.
E. Program air conditioners, electric fans, and heaters must be mounted out
of participants' reach or have safeguards that keep participants from being
injured.
F. Program porches and platforms more than 30 inches above the ground
must be equipped with railing participants can reach.
G. All swing seats at Program sites must be constructed of durable,
lightweight, relatively pliable material.
H. Program employees must have first aid supplies readily available to staff
in a designated location. Program employees must have an immediately
accessible guide to first aid and emergency care.
17. Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe
area.
B. The Program site will have an annual fire inspection by the local Fire
Marshall, and the resulting report will detail any safety concerns observed.
The report will be forwarded to the Assistant Superintendent who will
review and establish deadlines and criteria for compliance. Information
from this report will be included in the Assistant Superintendent's annual
report to the Council.
C. Each Program site must have at least one fire extinguisher approved by the
Fire Marshall readily available to all Program employees.
D. Fire drills will be initiated at Program sites based on the following
schedule:
(1) Wylie Wave Summer Youth Program: A fire drill twice during the
session.
18. Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to
other participants or employees will not be admitted to the
Program.
(2) Illnesses and injuries will be handled in a manner to protect the
health of all participants and employees.
(3) Program employees will follow plans to provide emergency care
for injured participants with symptoms of an acute illness as
specified in the Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of
any participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to
time and dosages. The form will include a hold harmless clause to
protect the City.
(2) Prescription medications are in the original containers labeled with
the child's name, a date, directions, and the physician's name.
Program employees will administer the medication only as stated
on the label. Program employees will not administer medication
after the expiration date.
(3) Nonprescription medications are labeled with the child's name and
the date the medication was brought to the Program.
Nonprescription medication must be in the original container.
Program employees will administer it only according to label
direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program
employees. No injections will be administered by the Program
employees.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the
refrigerator(when available), medications will be kept separate
from food.
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can
supervise as needed.
(2) There must be one flush toilet for every 30 children. Urinals may
be counted in the ratio of toilets to children, but they must not
exceed 50% of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be
provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and
heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Natural Resource Conservation
Commission for drinking water and ensure that it will be supplied
to the participants in a safe and sanitary manner.
(3) Program employees must see that garbage is removed from
buildings daily.