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06-28-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA June 28, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER .... VOCATTO Bt PLEDGE Or ALLE1ATCE P;ROC AA ATI NS 1 F ESENT O S C1T NO t..A,RTf P.ATtON :: .:.::.. : . . .:... . ., . . .;.>' .<.. a3re;:��►nsaderecl:.:to:.:fxe:::r�utuae::: ::::; �;�x...>:: uzre�3::aztd<uFall:b�e��act�db3'�ne All..:matter..J�sfed:�xtc(ez:tb:�.:(Gc�tsx:.... ��c(a ::::::::::::::::::::::::.:::::::.::.:::::::::::::::::::;�Y::::::::::.::: :.;:::::.::.:.:::. ;'.: .. 4.4 :titi .;:. .;: . . .. u:::af:thes ;items:>:Jf::dhsdiissioxt:<s:<400. ;;It at::�t :<v l:b icenz :;ro.:*It O ;n�czn..::.Tyre..w.tl_la�at.; :s...........t�:�ls�sst............:.:.: oent::Fi a:: rr�; ��:: scxz�s�dr�d .:::Y:::.::::::::::::.:.::.:::..::::::::::.:::::::::::....................................................._............................_................. A. Approval of the Minutes from the regular City Council Meeting of June 14, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purpose of improving Joel Scott Park. (M. Sferra, Public Services Director) C. Consider and act upon approval of amending the Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc., in the amount of$8,502.50, for the development of a park in Creekside Estates. (M. Sferra,Public Services Director) D. Consider and act upon approval of a Final Plat for the Creekside Estates Phase IV Addition, generally located east of McCreary Road and north of McMillen Road. (C. Thompson, Planning and Zoning Director) E. Consider and act upon, Amending Section 5(b) and Exhibit A of the Agreement for Legal Services with Abernathy,Roeder,Boyd and Joplin, P.C., relating to billing rates,to be effective July 1,2005. PUBLIC HEARINGS 1. Hold a public hearing and act upon a change in Zoning from Agriculture (A) District to Planned Development(PD)District for Commercial uses. Zoning Case 2005-10. (C. Thompson,Planning and Zoning Director) Executive Summary The property totals 2.138 acres in two separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). The Planning and Zoning Commission recommended approval and this requires a simple majority vote of Council to approve. 2. Hold a public hearing and consider and act upon the withdrawal of a change in zoning to provide a Specific Use Permit (SUP) for an Indoor Commercial Amusement within the Corridor Commercial (CC) District. Zoning Case 2005-12. (C. Thompson,Planning and Zoning Director) Executive Summary The applicant has decided not to move forward with the development, and requests the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen to comment,and then accept the applicant's request for withdrawal. INDIVIDUAL CONSIDERATION 3. Consider and act upon a request by Mike Douglas for shared parking on existing retail property at 1000 State Highway 78. (C. Thompson,Planning and Zoning Director) Executive Summary The property at 1000 State Highway 78 consists of two parcels which together total just less than one acre. The property was annexed into the City of Wylie in 1984, but has never been developed as a single lot of record. It was developed in 1987, in apparent compliance with the code at that time. Development consists of 2 buildings totaling approximately 14,000 square feet and common parking between the buildings providing approximately 33 spaces. The existing development reflects an industrial/heavy commercial construction within a zoning district which allows lighter retail uses. The applicant desires to lease the buildings to a pawn shop and a dance studio, both of which are being relocated from other locations within Wylie due to their growth. Both uses are allowed by right within the Corridor Commercial (CC) District. These two proposed uses require a total of 59 parking spaces. The owner/applicant maintains an office and manufacturing business within a portion of the structures which requires 7 parking spaces. This is a total parking requirement of 67 spaces or 34 more spaces than are currently provided on the site 4. Consider and act upon the appointments of Wylie Boards and Commission Members for 2005-2006. (C. Ehrlich, City Secretary) Executive Summary Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City. The City Council has prescribed the purpose, composition,function,duties,accountability and the tenure of each board, commission and committee. An interview panel, consisting of three council members, was used to conduct interviews of all applicants and conducted forty interviews. The applicants consisted of twenty-six new applicants and fourteen current members seeking reappointment. 5. Consider and act upon an Ordinance establishing Rules and Regulations for Special Events; providing for a permit fee; providing for the issuance and revocation of permits; providing for a penalty for the violation of this Ordinance. (J. Butters,Police Chief) Executive Summary Currently the City of Wylie does not have an ordinance to define and regulate special events. When confronted with special events in the past staff has relied on the street closure ordinance. The street closure ordinance was designed for block parties and does not address many issues involved with special events. 6. Consider and act upon an Ordinance amending Ordinance No. 78-17, Article I (General Traffic Regulations) Section 1 - Definition of Terms; Article I (General Operation of Vehicles) Section 16 — Parades and Processions, and establishing Rules and Regulation for Parades. (J. Butters, Police Chief) Executive Summary Our current parade ordinance needs to be up-dated to include issues that may arise when someone wants to have a parade. The amended ordinance will define a parade and exemptions, establish rules and regulations, and establish a permit process. 7. Consider and act upon the approval of an Ordinance prohibiting skates, skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street. (J. Butters,Police Chief) Executive Summary The City of Wylie has received complaints from business owners along 200 N Ballard Street concerning skateboards on the sidewalks. The Problem has been skateboarding on sidewalks and disrupting pedestrian traffic. There has also been an issue of ramping skateboards up onto the benches and disfiguring the benches. The skateboards are being used for amusement instead of transportation. The use of skateboards for amusement along North Ballard Street is not compatible with the high pedestrian use of the area. 8. Consider and act upon an amended contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. (S. English, Fire Chief) Executive Summary The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Collin County, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998. Since 1998,the agreement has been amended at regular intervals to ensure the best agreement possible between the City of Wylie and ETMC. The changes of the proposed amended contract are for the protection of coalition members and to benefit citizens of the coalition by providing additional ambulance services. 9. Consider and act upon approval of an Ordinance establishing a Local Comprehensive Emergency Management Plan. (S. English, Fire Chief) Executive Summary The City of Wylie should have a comprehensive emergency management that is independent of Collin County according to DEM 10. The recommended ordinance is from a template created by the state to establish an emergency management program. 10. Consider and act upon approval of a Resolution adopting the implementation of the National Incident Management System (NIMS) for the City of Wylie. (S. English, Fire Chief) Executive Summary Homeland Security Presidential Directive 5 establishes the system as the national standard and the National Commission of Terrorist Attacks recommended the adoption of a standardized Incident Command System. Communities are federally required to be NIMS compliant by 2006. The City of Wylie should have a resolution adopting NIMS. 11. Consider and act upon approval of the Statement of Agreement between the American Red Cross — Dallas Chapter and the City of Wylie. (S. English, Fire Chief) Executive Summary The federal government has established the Red Cross as Emergency Service Function 6 to help in response to disasters. They were also chartered by Congress as the primary disaster relief agency in the United States. The Red Cross will provide training for volunteers and background checks free of charge to the city. The City of Wylie should have a Statement of Agreement with the Red Cross to provide shelters and other services during a disaster. A copy of the recommended Statement of Agreement is attached. This came from the American Red Cross-Dallas Area Chapter. The Red Cross has been designated as Emergency Service Function 6 per the federal government. 12. Consider and act upon an Interlocal Agreement between Wylie North East Water Supply Corporation and the City of Wylie for access to water towers for radio communications equipment. (S. English, Fire Chief) Executive Summary The City of Wylie Police and Fire Rescue department rely heavily on communication. Currently the Police and Fire department are operating with Mobile Data Computers (MDC) units in all first line apparatus. The system is securely and closely connected a wireless network Computer Aided Dispatch(CAD)center. The system provides public safety units in the field with vital access capabilities to information for performing day-to-day operations. Public Safety information is relayed via CAD to MDC's in the field and is available to units performing public safety functions. The system we are moving to install currently increases our interoperability and compatibility with technology and increases the effectiveness of public safety communications. This system requires a number of strategically located communication devices be installed and networked together to provide complete coverage of the entire public safety responses district of the City of Wylie. 13. Consider and act upon approval of an Interlocal Agreement for Public Safety GIS between Collin County and the City of Wylie. (S. English, Fire Chief) Executive Summary The City of Wylie is rapidly growing creating an ever changing map base. Without a full-time GIS person constantly updating maps for emergency responses, it is necessary to contract outside the city for these services. Collin County's GIS Department has over thirteen years of experience creating,updating and managing spatial information. Collin County GIS proposes to support the City of Wylie by creating, managing and mapping specific spatial layers to aid in service to our constituents. The goal of this effort is to ensure the City of Wylie has the most current geographic information at their disposal. 14. Consider and act upon a request from D.R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 and Kreymer Road. (J. Bray, Building Department Director) Executive Summary D. R. Horton Homes has requested the City Council's approval of an off premise temporary directional kiosk sign for the purpose of advertising the Avalon subdivision. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. 15. Consider and act upon a request from Watermark Development to install three separate signs for off premise advertisement located periodically along F.M. 544. (J. Bray,Building Department Director) Executive Summary Watermark Developments has requested the City Council's approval of three off premise temporary directional signs for the purpose of advertising subdivision development known as the Watermark project. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. ................................................................................................................................................................................................................................................................... ABEN.O..> : <. >1 ANC : ' 'I'P E >:::'P:::a< Nii <:..:P ::> iF3 '`<:.` >: > :`:><:tiii <U:::.;; Witt>' .................................................................................................................................................................................................................................................................. .................................................................................................................................................................................................................................................................. • EXECU TI SESSION Recess into Closed Session in compliance with Section 551.001,a&seq.,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange, lease or value of real property generally located at: • Discussion of the Right of Way on Ballard Ave ADJO JRI'"i1 ENT` 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 24th day of June,2005 at 5:00 p.m. as required by law in accordance with Sectip 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is als l4 sted to the Ci of Wylie Website at www.ci.wylie.tx.us - 0c6-- ji v oS arole Ehrlich,City S etary Date Notice Removed The Wylie Munici Complex is Wheelchair accessible. Sign interpretation or oth pecial assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, June 14, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mark B. Roath; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Assistant Finance Director, Ron Hutchison; Public Services Director Mike Sferra;Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. .................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................. INV0CATJ ON..&:.PLEDG1 +DF ALLEGIANCE Councilman Newsom gave the invocation and Councilman Porter led the Pledge of Allegiance. .................................................................................................................................................................................................................................................. • 6th Six Weeks Star Students Mayor Mondy and Mayor Pro Tem Hogue presented Certificates to students nominated for the character trait of"Citizenship". Mayor Mondy and Mayor Pro Tern Hogue also recognized two students, Ashlee Barone and Kendall Bates recipients of a Good Citizenship Patriotic Certificate and Medal presented by the Rockwall Chapter of the Daughters of the American Revolution(DAR). CIT1 ENS PARTI PA �N There were no citizens present to address Council under Citizens Participation. CONSENT:AGENDA ; 411- t s>li der<t Co seut> :''' da arei>consi:: d.aebe>rrRt e ::`<Oe v < >»:,< >: > »::» <:>:> ::»: a11.:.nct#:::be:::se p arate:::discussion of::these::items:>:if::d removed:from:the, ses t:A g a:: d:: l b.o:: ©:ns dered'se;a.atel inig:%>:::. igi A. Approval of the Minutes from the regular City Council Meeting of May 24, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Plat for Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane(Private Rd. 5459). (C. Thompson,Planning and Zoning Director) C. Consider and act upon a Final Plat for Birmingham Ranch Addition, generally located west of Parker Road and north of Brown Street. (C. Thompson,Planning and Zoning Director) Minutes—June 14,2005 Wylie City Council Page 1 D. Consider and act upon a Final Plat for McMillen Ranch Addition. Subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, generally located at the northeast corner of McCreary Road and McMillen Road. (C. Thompson, Planning and Zoning Director) E. Consider and act upon a Final Plat for the Southbrook Phase II Addition. Subject property being a 40.6225 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980 and being a portion of a tract of land conveyed to Beazer Homes of Texas, L.P., generally located north of Elm Street, east of Ballard Street. (C. Thompson, Planning and Zoning Director) F. Consider and act upon a request from the following groups to sell items at the Summer Concert Series: Wylie Chamber of Commerce, Friends of the Smith Library, Wylie Teens that Care, Lions Club of Wylie, Blackland Prairie Playground Foundation and the Downtown Merchants Association. (R. Diaz,Asst. Superintendent,Parks and Recreation) G. Consider and act upon authorizing the Mayor to execute amendment No. 2 for the Agreement with Birkhoff, Hendricks, & Conway,L.L.P. for the Alanis Drive Paving project in the amount of$15,400.00. (C.Hoisted, City Engineer) H. Consider and act upon approval of a Texas Municipal Clerks Certification Repayment Agreement between the City of Wylie and Gayle Walton. (C. Ehrlich, City Secretary) I. Consider and act upon the approval of a Police Recruit Employment Agreement between Mark R. Howeth and the City of Wylie. (J. Butters,Police Chief). Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to remove Item D from the Consent Agenda and move to Individual Consideration due to the withdrawal of the final plat by the applicant. A vote was taken and passed 7-0. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Items: A, B, C, E,F, G,H. and I as presented. A vote was taken and passed 7-0. I.1 DWW. AIE,CO SIDERATI+(N D. Consider and act upon a Final Plat for McMillen Ranch Addition. Subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, generally located at the northeast corner of McCreary Road and McMillen Road. (C. Thompson, Planning and Zoning Director) Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to accept the withdrawal of the Final Plat, by the applicant, for McMillen Ranch Addition, subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners,generally located at the northeast corner of McCreary Road and McMillen Road. A vote was taken and passed 7-0. (Letter of withdrawal placed in file) Minutes—June 14,2005 Wylie City Council Page 2 PUBLIC HEARINGS 1. Hold a public hearing and consider and act upon an Ordinance adopting a change in zoning to amend the Planned Development District (PD 01-14), generally located on the southwest corner of Ballard Avenue and Brown Street. ZC 2005-11. (C. Thompson, Planning and Zoning Director) Staff Comments Planning&Zoning Director Thompson addressed Council stating that the subject property was platted as Lot 17, Block 3 as the Brown and Burns Addition,one of the oldest subdivisions within Wylie. The lot is 65 feet wide and 125 feet deep, totaling 8,125 square feet in size. The lot is occupied by a building of 3,386 square feet under roof (2,772 square feet air conditioned),which is currently vacant but was previously used as a combined single-family residence and personal services use (photography studio). In March 2001, the City Council approved a Planned Development District (PD 2001-14) to allow the design of the structure and mixture of residential and nonresidential uses. At that time, the property was zoned Single-Family Residential (SF-3) under the previous Zoning Ordinance,which did not permit mixed uses except by Planned Development District. Council Discussion Mayor Mondy asked Mr. Thompson why this issue was before Council with the applicant currently occupying the building. Mr. Thompson replied that to his knowledge, the building was having some work performed but no one was occupying the building at this time and no CO had been issued. Mayor Mondy then asked if the drainage issue had been resolved. Mr. Thompson replied that he thought it had been but the City Engineer could best answer that question. Councilman Newsom then asked if the applicant was present. Mr.Thompson replied that he was not. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2005-11 at 6:22 p.m. With no one present to address Council, Mayor Mondy closed the Public Hearing at 6:22 p.m. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to deny Zoning Case #2005-11 due to issues with traffic and drainage. A vote was taken and passed 7-0. 2. Hold a public hearing and act upon an Ordinance approving a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, property being generally located in the northwest corner of South Stone and Vinson Roads. ZC 2005-13 (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 185.1449 acres,west of South Stone Road(old F.M. 544)and north of Vinson Road. The property was annexed into Wylie on September 28, 2004, and is zoned Agriculture (A) as a holding district until appropriate urban uses are requested. Mr. Thompson explained that this application does not conform to the Comprehensive Plan which requires seventy two percent of the property to have 10,000 sq. ft. minimum lot size and twenty eight percent to have 1 acre lots or greater. The Planned Development zoning is not justified and the applicant has not demonstrated why development cannot be accomplished through standard zoning. The request offers limited innovations other than Minutes—June 14,2005 Wylie City Council Page 3 reduction of regulations of the adopted Comp Plan and code, and the property reflects no physical constraints requiring variance from the Plan or code. The property was previously occupied by a rural homestead. The Planning& Zoning Board has required certain stipulations be met before approval: 70%of the lots must be 10, 000 sq. ft. or larger with an additional 10% of those being larger than 12,000 sq. ft., first floor of 2-story dwellings be not less than 60% of total square footage, and all roofs shall have architectural grade shingles. Proposed tonight, the applicant is asking for a minimum lot size of 7,500 sq. ft. for 28% of the development. Notification/Responses — Of five (5) notifications mailed, one (1) written response opposed to the request was received (and that from beyond the notification area). Mr. Thompson explained that this case requires a simple majority vote of Council to approve. Applicant Comments Mr. Ryan Betz representing Skorberg Company addressed Council stating that he appreciated the opportunity to address Council again. Mr. Betz explained that there were several revisions to the development previously explained by Mr. Thompson. He explained the difference between straight zoning and planned development options. At a medium density 72% of the property yields 400 homes. At a low density residential (.8 density) yields 40 additional homes. That would bring the total homes to 440. He added that he came up with a plan that has all 10,000 sq. ft. lots under straight zoning. He explained the difference in amenities and the loss of those through an application of straight zoning. Mr. Betz stated that with the Planned Development, Skorberg could offer more amenities and a better community. There would be 70% of lots at 10,000 sq. ft. with 10% of those being 12,000 sq. ft. or larger. The remaining lots would be between 7,500 and 10,000 sq. ft. with a minimum house size of 2,400 sq. ft. He rebutted the comment regarding lack of innovation by stating that the property does offer many innovations including a 28 acre park, trails, a berm, curve alignment on Elm, amenity center, streetscapes and the preservation of existing greenbelts and a total of 449 homes. Some of the constraints of the property include the manufactured housing to the east,and the power lines that run through the property. Council Discussion Mayor Pro tern Hogue asked why the concern with the power lines. Mr. Betz stated that controversy over power lines could cause loss of sales. City Manager Roath asked which plan from the handouts was Skorberg Company applying for. Mr. Betz stated that the PD changes after the meeting with P &Z was the plan he was requesting. Mr. Roath then asked if the drainage issue had been addressed. Mr. Betz stated that this presentation included the detention of water. Mayor Mondy asked Mr. Betz why the Alanis extension was removed. Mr. Betz replied that the extension was removed back in the fall of 2004 because residents were concerned with the impact that Alanis extension would have. He explained that at that time he showed some commercial, townhouse and some multi- family which he proposed to be associated with two intersections in Wylie. (Alanis and FM 544). Once discussion started with concerns by the Pullium and Bates properties, Skorberg removed those aspects from the plan with only residential uses with Stone and Elm for access. Mayor Mondy asked Mr. Betz if he was stating that Alanis was not needed. Mr. Betz replied yes he felt the City needed this for that area but not through this residential area. Mayor Pro Tern Hogue asked why this was not appropriate. He stated that Option#2 (through the Rice Property) of the option hand out given to council at the beginning of the meeting was the best option in his opinion. Councilman Newsom asked Mr. Betz if he was locked into the 2,400 sq. ft. house minimum. Mr. Betz stated that at the moment he could not commit to more due to the builder not being present. Mayor Pro Tern Hogue stated that he would like to see some discussion regarding the Alanis extension before action is taken on the issue and would like larger lots and larger home size. Councilman Newsom stated that he would like to see a minimum house size on the 7,200 sq.ft. lots of 2,600 sq. ft,the 10,000 sq.ft., lots to include a minimum house size of 2,800 sq. ft., and for lots of 10,000 sq. ft. and 12,000 and above, a minimum house size of 3,000 sq. ft. Mr. Betz stated that he would like some time to re-address the Alanis extension. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2005-13 at 6:55 p.m. Nancy Hansen, residing at 806 Meadow, Wylie, TX., addressed Council, stating that the proposal tonight sounds good. She offered concern regarding the 20 foot setback stating that it should be deeper to allow cars to park in drives and not on the streets and 7 ft. side setback due to water/fire issues. Minutes—June 14,2005 Wylie City Council Page 4 Marvin Fuller, residing at 355 Donna, Wylie TX. addressed Council stating that he had concerns regarding infrastructure with Alanis not completed, additional manufactured home in the expansion area and the Centex development will put a strain on the infrastructure. He stated that the Alanis extension would enhance access in and out of the area. Red Byboth residing at 2722 N. FM 544 addressed Council stating that he was the only P & Z Commission member since the inception of this application. (Rice Tract) He stated that he was in favor of the PD because it was much more atheistically pleasing to the area than straight zoning. He also stated that with the builders that were being proposed, a 2,400 sq. ft. home of quality construction was a better idea than a lower end builder coming in with straight zoning. He stated that this proposal would be a very pleasing development. Mr. Byboth also stated that he was disturbed about the option proposal for Alanis not being presented to the Planning and Zoning Commission. Brent Bates residing at 1340 FM 544, Wylie, addressed Council stating that in regard to the Alanis issue, wherever it falls would have an impact on his property. He stated that densities were not an issue but the quality of what Skorberg Company was now presenting was much better. He stated that the higher scale house was of most importance to him, including builders, fencing and all other aesthetics to the property. Ryan Betz requested the tabling of this item in writing and presented to Council to allow time to address some of the issues discussed Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Porter to table Item #2, Zoning Case #2005-13 to the July 26, 2005 Council Meeting and continuation of this Public Hearing to the July 26, 2005 Council Meeting to obtain more information from the developer and staff. A vote was taken and passed 7-0. 3. Consider and act upon awarding a bid in the amount of $26,940.00 to Air Cleaning Technologies, Inc. for the purchase and installation of vehicle exhaust venting systems at both fire stations. (S. English, Fire Chief) Staff Comments Fire Chief English addressed council stating that competitive sealed bids have been solicited, in accordance with Chapter 252 of the Local Government Code, for the purchase and installation of vehicle exhaust venting systems at both fire stations. Council approved an allocation of$58,000.00 for this purchase in the Fire Department's 2005 operating budget. Two vendors have submitted bids based on the total turnkey project cost for both stations. The Fire Department has evaluated the systems proposed by the low bidder and determined that this bid provides the best value for the City. The bids are as follows. Air Cleaning Technologies,Inc. -$26,940.00 DCS Solutions LLC-$42,900.00 Minutes—June 14,2005 Wylie City Council Page 5 Council Discussion Mayor Mondy asked Chief English what other cities installed these vehicle exhaust venting systems. Chief English replied that most all of the surrounding cities installed these devices. Council Action A motion was made by Councilman Young, seconded by Councilman White to award a bid in the amount of$26,940.00 to Air Cleaning Technologies, Inc. for the purchase and installation of vehicle exhaust venting systems at both fire stations. A vote was taken and passed 7-0. The other bid submitted was from DCS Solutions LLC in the amount of$42,900.00. 4. Consider and act upon a request, in the amount of $35,000.00, from Blackland Prairie Playground Foundation to fund the remaining cost of constructing the Pirate Cove Playground in Founders Park. (L. Williamson, Finance Director) Staff Comments Assistant Finance Director Hutchison addressed Council stating that Mrs. Anne Hiney had raised in excess of $87,000 from private and corporate contributions through the Blackland Prairie Playground Foundation to build the Pirate Cove Playground in Founders Park. The project is completed. However, a number of invoices remain outstanding in the amount of$35,000. Mrs. Hiney is requesting that the City of Wylie contribute the remaining funds. Foundation Director/Council Discussion Mayor Mondy explained to Council that they had received some financial information regarding the Blackland Prairie Foundation's expenditures and revenues. He stated that this same information had been submitted to the City Attorney regarding the legality of City expenditures to non-profit organizations. He requested Council's support in tabling this item until further information could be received. He explained that since there were citizens present to address Council on this item,he would ask that they come and speak on the issue Aim Hiney,Foundation Director addressed Council stating that the foundation was requesting assistance from the City of Wylie in paying outstanding bills from the playground build at Founders park. She stated that the foundation had raised over$90,000. in revenues and in-kind services but had fallen short of the expenditures for supplies for the playground. She stated that the foundation would continue fundraising to assist in the outstanding balances. She stated that the lumber which was the largest cost was bid by three companies. She also explained that because this project had been set back so many times,the committee felt it needed to go forward to secure the assistance needed to complete the project. Ms. Hiney explained that the playground is an asset to the community and the master plan called for a playground at Founders Park, therefore she felt the money requested was only a small portion of the entire project which would be deeded to the City. Mayor Mondy asked why the foundation choose to go forward with a project that was not completely funded. Ms. Hiney stated that she took advice from others that if they built the project, the money would come in. Mayor Mondy asked if the foundation had a marketing plan in the event the City did not donate monies. Ms. Hiney stated that they would continue fundraising. Councilwoman Allen stated that her recollection was that if the full amount of money was not raised, the foundation would downsize the playground to accommodate the shortfall instead of moving forward with the entire project. Mayor Mondy stated that he felt the Council should wait until the opinion of the City Attorney was received before taking action. Mayor Mondy asked Ms. Hiney to present to Council a marketing plan to raise funds to pay for the debt and the tax return for 2004 for the 501 C(3). Minutes—June 14,2005 Wylie City Council Page 6 Citizen Comments Several citizens were present to address Council regarding the Pirate Cove Playground/Blackland Prairie Foundation. Some of the issues were: support for the project as a family/community support issue, in favor of the playground but not in favor of taxpayer funds reimbursement through the City;and the park is a wonderful asset to the community and should be supported. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to table action on Item #4, to the July 12, 2005 Council Meeting, to allow time to obtain more information from the City Attorney and the Blackland Prairie Playground Foundation Director. A vote was taken and passed 7-0. I2EADI O ... 1 iANCES I'> I�E & cAPTiO AP ROVED;: Y OUNCIL, AS LIE Cale c .R`` ;R,,ooptE 1I SECTION o There were no ordinances passed to read into the official record. ADJOURNMENT: With no further business before Council, Mayor Mondy adjourned the meeting at 7:45 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—June 14,2005 Wylie City Council Page 7 CITY OF WYLIE Item No. B Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28. 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No. #: Date Prepared: June 6. 2005 Budgeted Amount: Exhibits: Resolution AGENDA SUBJECT: Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purposes of improving Joel Scott Park. RECOMMENDED ACTION: Approval. SUMMARY: The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. Staff received notice in March 2005 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. Applications must be submitted to the County by July 1, 2005, and awards for successful applications will be made by the County in October 2005. A total of$2.2 million dollars is available for this year's grant cycle. The next round of grant funding from the County will become available next year and will follow a similar time frame for submittals and awards. The proposed grant application would be for the improvement of the undeveloped 5.1230 acre portion of Joel Scott Park located on the northwest corner of Westgate Way and East Brown Street. The overall park improvements would include the following: site preparation, grading, landscaping, irrigation, eight-foot wide concrete walking trail, pavilion, tables, grills, and benches. This phase of the project will complete the original project scope which received only partial funding from the Collin County grant program in 2002. The grant is generally set up as a 50-50, dollar-for-dollar, reimbursement program. For this project, the City's match will be a combination of land value and/or equipment, infrastructure, and materials to be installed. It is anticipated that the City's matching fund commitment for this phase of the project will be approximately $100,000 to $150,000 and depends on the amount of funding, if any, granted by the County. There is sufficient funding in the 4B Reserve Fund and/or anticipated parkland dedication fees for expenditures. These sources would be reimbursed as funds are received from the County. Because grant awards do not occur until October 2005, a mid-year budget amendment will be needed in FY05-06 to accurately reflect the amount of the award and the City's match. APPROVED BY: Initial Date MS 6/6/05 Department Director: \ City Manager: /one \ 6/a�,6s' RESOLUTION NO. 2005-20(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE APPLICATION TO COLLIN COUNTY FOR GRANT FUNDING FOR THE IMPROVEMENT OF JOEL SCOTT PARK AND DESIGNATING A PROJECT OFFICIAL. WHEREAS, Collin County is accepting grant applications for the development, expansion, or improvement of parks in Collin County, utilizing Open Space Program bond funds; and WHEREAS, the City of Wylie wishes to make improvements to Joel Scott Park; and WHEREAS, the City of Wylie wishes to designate a project official for the purposes of working with Collin County; NOW,THEREFORE BE IT RESOLVED BY THE CITY OF WYLIE SECTION 1: That the City of Wylie hereby certifies that the matching share for this application is readily available at this time. SECTION 2: That the City of Wylie hereby authorizes and directs its City Manager or his designee to act as the Applicant in working with Collin County for the purposes of the grant funding. DULY PASSED AND APPROVED by the affirmation vote of the Wylie City Council on this 28th day of June 2005. John Mondy, Mayor Carole Ehrlich, City Secretary Resolution No.2005-20 Joel Park—Open Space Grant CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No. #: Date Prepared: June 14, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon approval of amending the Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. in the amount of$8,502.50 for the development of a park in Creekside Estates. RECOMMENDED ACTION: Approval. SUMMARY: On January 27, 2004, the City Council authorized the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates in an amount not to exceed $60,000. On February 8, 2005, City Council passed Resolution#2005-12(R) authorizing the City Manager to execute that agreement. Originally, in the 14 acre park site, the developer agreed to install soccer goals, a backstop, a basketball court, and a low water crossing in a 2,200 linear-foot concrete trail system six-feet wide. The width of the trail was modified to become eight-feet wide to meet the recommendations of the Wylie Parks, Recreation and Open Space Master Plan. The installation of the basketball court was dropped to compensate for the increased cost of the wider trail. Upon further investigation, the developer discovered that the low water crossing would not be in compliance with ADA requirements regarding the slope of the trail. The developer is now recommending the installation of a pedestrian bridge at this site to meet the ADA requirements. In the City's Reimbursement Agreement with the developer,the City's share for the low water crossing is $5,500. The developer has offered to evenly share the additional cost of the bridge installation at this location with the City. The developer has requested that the City contribute an additional $8,502.50 toward the cost of the bridge and its installation(engineering,piers, etc.). Staff met with the developer to discuss cost-reducing alternatives such as eliminating the low water crossing, and that is not feasible. Staff also discussed downsizing the parking lot from 20 spaces to 12 spaces and eliminating one of the two parking lot approaches. This could be done to offset the cost, but staff anticipates APPROVED BY: Initial Date Department Director: MS \ 6/15/05 City Manager: NOR \ 4/eider AGENDA SUBJECT: Consider and act upon approval of amending the Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. in the amount of$8,502.50 for the development of a park in Creekside Estates. SUMMARY: (Continued) that the 20 space parking lot will be needed to meet current and future demand. Furthermore, the PD requirements stipulate that the developer is required to install the twenty space parking lot as a condition of the PD. On June 10, 2005,the developer contacted City staff and conveyed that he will now install the 50' x 80' basketball court with goals and striping, worth$25,000, at no cost to the city. This is the basketball court that was previously eliminated to compensate for the increased cost associated with the wider trail system. Staff recommends using Park Acquisition and Improvement fund money (no General Fund money involved) and contribute $8,502.50 toward the pedestrian bridge. Staff anticipates receiving $66,000 in revenues into this account shortly with the acceptance of the Country Ridge Phase II development parkland fees, and the necessary funds would be available at that time. 08/13/2005 23:07 FAX 2146910682 Cambridge Z1001/002 LAFAYETTE PROPERTIES, INC. 8235 DOUGLAs AVENUE,Sorrs 650,LB-65 DALLAS,TEXAS 75225 TELEPHONE 214 691-2556 FACSIMILE 214691-0682 DAk` i+ 1° FROM: GARY DEFRAIN To: PAM. ;T14% LAFAYETTE PROPERTIES,INC. COMPANY: VAq I t PRONE: (214)691-2556 PRONE: _ T Fax: (214)691-0682 Fax: onZ-4.4 2 54(0 ' PAGES To FOLLOW: 1 RE: figutsof REMARKS: CONFIDUNTIALCrY NOTICE THE DOCUMENTS ACCOMPANYING THIS TELECOPY TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION WHICH IS LEGALLY PRryTLEGBD AND INTENDED ONLY FOR THE USE OF THE RECIPIENT NAMED ABOVE.IF YOU RECEIVE THIS TEI ECOPY Rd ERROR.PLEASE DIMEDIATELY NOTIFY US BY TELEPHONE OR ARRANGE FOR RETURN OP THE TRANSMITTED DOCUMENTS TO US. YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION is STRICTLY PROHIBITED. 6V:\users\faRCYi9\general 06/13/2005 23:07 FAX 2146910682 Cambridge V1 002/002 — ;,K.,.r..,r.l•. la r- ..wan-r SYX31 `TIAM AO 4110 ...... .— �........wMr--'.��..1 W'� T 7:272" si Ado n era a asYFM 'sILV1S 3a+s 3 V — Ma _.. S4 - . r • ,t I . .42,. - 4,......„i.i. , , ,,,,,.. .IggmAgmgrlr,"-P- imr. . \ ,,. El .: Ki ;,, 1. .1 li- , k,/ i i „1„. ./,',// ,..,.; ik i '.' ''''-'. r i 2 Ai , g (r i ', P1 /A.0�.�. 10,. -.ate 0 q -...1: .pan , ... • . • ,t • ... ‘:c v.,i,. /..i',-• I/ 93 -'. A ' / iii., 1- AV% / - ' ,,, . ii.,‘ ' / :,v);#01 ',.M , , tiiii 10 v \ , \' A -`'.;,---,:-,, --'9...:‘,-----.-'„.,,,,,,ci V. . I'l m• t . 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Ycv A alma,NormED THAT ANY DiSL1OSI N,COPM4G,OLSTR Bt fpq OE.Tiff TATEIG 0►ANY ACTION IN.zsuANai R4 fffE Nn T or no TELECOM w.4,q„ r,atieaerst Jun 02 OS 07: 28a City of Wylie Bldg Insp 9724428154 p. 1 NAY-24-2005 TUE 10:20 aRM STEADFAST.BR1 DGE CambridgeCO �.00a FAX N0. 255 845 9750 P. 01~ -.Mg 1111113 le Sigh!eir Pril liti ibb...-- . STEADFAST: BRIDGES DATE: May 24,2805 , TO: Laffeyette Properties.. ATN: Tim Warren PHONE: 214-533-3643-: FAX: 214-881-0682 RE' Creekside Estates Phase lir We are pleased to quote you a price on the Steadfast Bridge floor will be number one pressure treated described.Thisbridge befow:The fabricated from A588 Weathering Steel. Southern Yellow Fine.This wIN be, All Steadfast Bridges catny a 10 eer limitedwelt provide a"Maintenance free"bridge. by a Professional Engineer registered in the St warranty.fs b drawings oviidded. and seated Location: WILEY.TEXAS Bridge Type: Width in feet Connecter Span in feet 8!y0. Type steel 30'-0" Type floor . A6$8 WX Floor thickness PINE Field splice 3" Number of piecesNO- Dead Load PSF 1 Live Load PSF 30, Vehicle Load LBS. 85 Design stresses AI$Q Lifting Weight LBS. RISC Vert.abutment load KIPS 13 8 5. Horiz.abutment bed KIPS 1 5 Truss height In feet S.Interior panel points S. Toe plates Railing height YES Maximum rail openings sip! 4" Bridge cost delivered st4 503 w1no4 S-Sc:, Delivery: 12 to 14 weeks(delivery schedule subject to backlog at lire of draawiingaf�provatto c F-E-A Bridge will be delivered to nearest location easily accessible to over-the-road trucks: Teflon sup pads and setting plates shipped with bridge. Anchor boils,sales-tax,unloading,1/3 erection,supports-,and.abutment days after delivery,pending credits designs not tnZtUded. . This quote is valid for 90 days. Please call ifyouapprove!. +,�(% i .� � ��Z have any questions(8do-748-7575,j:.. d'W i,tc� /L� Estimator tore Accepted By: Title/.beta 4021 Gault Ave.R.•Fnr1 Patna-AI 'iSOA�rAArk7n�7ata.oaa eern,r�.r.v.... a !� •. 4�'A �� t x ` /j fit. e „ w �' Y a .I ,s, , • t '.a : + • �,'. s, ire - $ ii ,1 ' •; ti: ;4; ti4 d Ff 5 � y} r R • 6 fr Y lIf '' L t L ,♦ „....,,i - - -i ' t74 % , f 4:* .1,e , , // , . iiixisfilairrart.o aim via as. Q.Ja ms 'i i :::'''...:. ';':'*,,,,i: tf44 . it e • l i� ',4,4: Y J 4 x, : 7,"4 • Jun 02 05 07: 29a City of Wylie Bldg Insp 9724428154 p. 3 0e/01/2005 0 14 FAX 2146910602 Cambridge 0 002 . . .. . .... _ ._ _. .. . . _ . . . . I . ._ -. _. . . . . .... . _ .. .. -_ ... _ - it !i ! tVl A'i� cora PraD FS.i. -'$�R.\U f !+ JOE- IMF S. tltil A.t41:). k.�E-1- i t_ 5.j {{a 1 II �d•1T fit . . t. t� O I1 E.AwI ll5t7r tvvv_ iti 3. lr P►'Fi�. �T ,t�� A aiaaD 1 ! Gast- •TO pt, $a.t)y 4 '3,000- }i '�, t.. r- __--__ i4. c.%V? &? O Q 4i At- t - 500 _ ti cc5 PI ; j I'orac- c.tr-j crn- 5 !ZOO •#- •r7 - so _. t 0o2 5a- 11 i;t • LAFAYETTE PROPERTIES, INC. 8235 DOUGLAS AVENUE,Suns 650,LB-65 DALLAS,TEXAS 75225 TELEPHONE 214 691-2556 FACSAQL.E 214 691-0682 6/(DAT 1¢(oi FROM: GARY DEFRAIN To: l\M . .6r in4A- LAFAYETTE PROPERTIES,INC. COMPANY: Cti ityPHONE: (214)691-2556 PHONE: -)�2 4j z• ocz5 FAX: (214)691-0682 PAX: 9')2- 44 2-5¢1°I PAGES TO FOLLOW: ilk' RE: 6119fiZedipf- Ga4.111.7 REMARKS: 4i au.D IF biOVN VU InTAinci CONFIMIT1ALfl Y NOTICE THE DOCUMENTS ACCOMPANYING THIS TELECOPY TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION 94001 IS LEGALLY PRIVILEGED AND INTENDED ONLY FOR THE USE OF THE RECIPIENT NAMED ABOVE.IF YOU RECEIVE THIS TELECOPY IN ERROR,PLEASE IMMEDIATELY NOTISY US BY TELEPHONE OR ARRANGE FOR RETURN OF THE TRANSbIITTED DOCUMENTS TO US. YOU AILS HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OP.THE TAKING OF ANY ACTION IN REuANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION IS STRICTLY PROHIBITED. W.Visers faxcvrs\general 9T0/T001it1 aspTacittn0 Z890T6915TZ Xd3 TO:OZ SOOZ/CT/90 Our Mission.. ...to be respoMible stewards of the public trust,' Pe. to strive for excellence in public service,and to eflhance the quality,of life for all. :` . A i I , February 21,2005 " James J. Melino, President Estates at Creekside,Phase ITT Development.Inc. 8235 Douglas Avenue,Suite 650 " Dallas,TX 75225 RE: Creekside Estates Phase III Dear Mr.Melino: On February 8, 2005, the City'Council of the City of Wylie approved to execute.an agreement with Estates at Creekside, Phase III; Development, Inc. for reimbursement in the amount of ; $105,674.50 for the installation of 1,965 feet of 20-inch water line. 'Please fmd enclosed.a certified copy of such agreement along with:a copy of Resolution No. 2005-12(R)for your files. Sin y, yle alton City Secretary's Office City of Wylie • Enclosures • 2000 Highway 78.North • Wylie,Texas 75098 • (972)442-8100 • Fax(972)442.4302 STO/ZOOZ espT aq D Z890t896TZ XV3 TO:OZ SOOZ/CT/90 Estates at Creekside,Phase III,Development, Inc. 8235 Douglas Avenue,Suite 650 Dallas,Texas 75225 Telephone(214)691-2556 • January 14,2005 CERTIFICAT I certify this t. be a true . j orrect copy of t1:riginal do. Mr.Mike Sferra By: i-,4` ' � City 5ecr• .Yy Public Works Director City of Wylie 2000 Highway 78 North Wylie,TX 75098 Re: Creekside Estates Phase III Dear Mike, Based on previous discussions and approvals with Chris Hoisted and Mindy Manson,the purpose of this letter is to set forth and confirm the agreements between Estates at Creekside,Phase III,Development, Inc. and the City of Wylie concerning certain project cost reimbursements by the City of Wylie,as follows: 1. 20" Waterline Estates at Creekside,Phase III,Development, Inc. will install approximately 1,965 feet of 20"waterline and 1-20"gate valve as part of the City approved Phase III engineering plans. The cost of the improvements is$105,674.50 as evidenced by the enclosed Moss Construction proposal,dated May 14, 2004. The City of Wylie shall pay 100%of said improvements and will pay same within 30 days of contractor invoicing, less 10%retainage. Upon final City acceptance of Creekside Estates Phase III,the City shall pay the final retainage amount. 2. Park Improvements Estates at Creekside,Phase III,Development,Inc. will install approximately 16,800 SF of 8' concrete park trail and one low water crossing as part of the City approved Phase III engineering plans. The cost for the improvements is$60,100 as evidenced by the enclosed Mario Sinacola&Sons proposal, dated May 19,2004. The City of Wylie shall pay$60,000 of said improvements within 30 days of contractor invoicing, less 10%retainage. Upon final City acceptance of Creekside Estates Phase III, the City shall pay the final retainage amount. STO/C00 aapTJQu3 Z99OI6911Z Xvd ZO:OZ SOOZ/CT/90 gage 2 City of Wylie January 14,2005 By the City of Wylie's signature below,the Phase III construction will commence and the ementioned improvements shall be installed to completion. y, a s J.Melino, President Enclosure AGREED this Q/ day of fxt*-cy ,2005. Signature f"4't4k . 2 a-4t Printed Name ateZeite.flee AgildW.A544. 644 6v -4 T 4e44 i. Ala_ oaf— izCe,9. STo/tool] aspTIciama Z990T691,iZ Xd3 ZO:OZ SOOZ/CT/90 s . RESOLUTION NO. 2005-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE REIMBURSEMENT • AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS BETWEEN THE CITY OF WYLIE, TEXAS AND THE ESTATES AT CREEKSIDE, PHASE III, DEVELOPMENT, INC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the reimbursement agreement for infrastructure improvements between the City of WYLIE, Texas, and The Estates of Creekside Phase Ili, Development, Inc., SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2005. HN ON , Mayor ATTEST TO: = �' � ':cc‘ • SEAL Ili 'CAROLS Et!' H, City Secretary iiisN1111►►O Resolution No.2005-12(R) Reimbursement-Estates at Creekside,Phase 111 Development STO/SOOZ eupTactureD Z890T69171Z xv3 ZO:OZ SOOZ/CT/90 , r 'Mass Con•stru iota, -Co., Inc . . (972)442-0499 Utility Contractor Fax(972)442-4758 3455 Weat F.M.544 a Wylie,Tease /5098 To: " ESTATES AT C SEEKSIOE PHAA III DEY, DATE: t y . • Attentlo+f, TIM WARREN on GARY D!FRAM1 ' 11216 OGUUGLAS AVE,Stint 84e ' DALLAS,TEXAS MIS 2114l1atit2 • Manna: ' 2144,1,2055 • Pax: Wm arc pleated to anima to you this proposal for construction of the following work: . • ' Description of Work: Water,Sanitary SeWer,and Storm sewer installation • • Location of Work: DREEKSIDE ESTATES PFIASE Mil-WYLIE Total Project: S 541,421_00 N CITES 1 ' 1. 2D antilop'okays Noland te iubstac>aaly eatetptete. 2 Etarsas dace"excavation to bo epread on tete adlaoent to.dlt h.(Trarepon of iurphK ageaveben NOT inclater). - 3, Erosbn control tat*lot bottoms eniy Ia Included aM PS otherercetan control an$mahtktarlee Wi loll othns• 4, Owner to furrier'the contractor vdlh a» mK atr+nplen txt011°fw for PubSo 1Janaae 6, Meta doo the followtteg: a McYde+ttnoe Sand. 41( . . h,tab Odd. ' C. Exclude the foftewing: a.Tree Cleerng. .h.Haul 011 b-Lab Cost. I, Grade to Drain - o.Impaction Fee& I. pence Rcp(eetttalt - d,water Meters. k.Adddonel Move-In • a:Construction staking. •f.Seeding ad Sodding I.Landoceptl. m.Petfernwnee Bond , g,spMtklers, n,cenerete Pavement Removal or Replacement • 7. All underanotmd waWc%to be aoudad by%here. ' • a, We wil construct prima water,eatllnry sewer,and starer martyr II we are parts*ed to build by olgr, ?. your licensed plunber stead lake out plumbing permis,pay tees,tear wilt, . (napeet all private plunbing Gnea, 9, Water earvloen to(meter bolt), . . 1. Sanitary 6ewar beams to(progeny line). . our proposal to tweed ei our way*Abeing Inetatt d pier to tiny new Gas,Phone,Electric,Cable or other clines being Entailed, (2.We w1l eat el montwlee,Weaned",Ira!ydraMe,udue loot see and Inlet"MID glides Pmvidrd by year *vines-a on artytnel Inatellab n,Any ehangos required altar the I191dt Inatelleitd1 VA1 be of the ouster,canvas 13,Thee auate le weed on plans dated 440l04. • The Nat euattale:taut been meowed teepee m iruetlenan*mew.bee p^Peeel le an a bee pKa bevy Moth we're.=le N made on ILIUM nmaaj,red quanhllea otmver aMOta • i Ma*woo*to based on mat wncbeotad►stun tole deSteted 4wae.eteya,and any aseebhele. tege SAl o coo Mara en all engHme eo.awe.and titlpnnanne teat pmdat et by the MAIM kptdMt web ea neea.eaty percale ^ • can the ,came•hateetogcrerean itN tedwe..enderIwpeeo.sewtobepleabrasOmer. swatr.nWn.edeebMe.e TM pasat I.hued an pleataa el tipples Uil y eead ree ee aetaaent Jett.Ybaoraar Is Is pay fasew Y one ewp,aa wady aaaadaeen, • . . 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ACCEPTED: Moss CoflstTu tiv o.,Inc. company: Print Name: — Print Noma: Kolb Tale: Title: ator�l /Ig� 9Y -• . , Darr. „SS i'y . un*aing eau saknswwa4n you ere a day ehFertrad Brant et OWMA,ebbs a es execute this document,and to ender into apreareenle contained betelit . • • . 7. , . `.tor.WYLUL-CR6£KSIO£ESTATES PHASEIn Pegs 1 012 Ilia From:MateConneecti tco.bit. 9TOJ9001(j elipT.Nerep Z890T696TZ XVd Z0:0Z SOOZ/CT/90 i 1U.40 ems.-r+.Yvu..,v ., .....—_..... ..--- -- RE: CREEKSIDE ESTATES PHASE UU-WYLIE , R f ECT1Q'1 I.WATETI unit PriceteRSiOn Na. Qusn UnR Des ton . 1 O -1 VC 1 75,640.00 2 0 LF - 8" - PV TER MAIN 8 00 � 850. 10; a 16 EA 8"GA 10,250.d0 • 5 6 Ep. STD FIRE HYDRANT ASSEMBLY 2,250,00 11 50.00 6TON CAST IRONF1TTIt_G 1,000.00 • 31,40000 6360.0Q 7 ea EA 1"I30fiM1EsTIG SERVICE 3,460.00 9 3 EA - CONNECT TO EX1STIND WATER MAII 1,150.00 E 10 66851E 2 EA AIR RELEASE VALVE- 4,400.00 4,40 . 0 8 TRENCH SAFETY 0.60• TOTAL'SECTION 1 263,097.00 . • 4VCTION 11_, NIAT • Unit Price Extension ROM No. Quanta graLF - Desedptkn 1510 $ _ 40,317.00 . 1 _ 2670 LF 8"SDR-35 SANITARY SEWER 1,�z0.00 10,a0.00 2 • 7 EA 4'DIA STD MANHOLE 720.00 • 1 .40.00 3 3 EA CONNECT TO EX E'STUB 40 0.00 20 2p0,00 4 88 EA 4"SA�ARYSEWER LATERAL 080.00 4A •11 EA 4"SANITARY SEWER LATERAL 9, DEEF . 880.0tl 650.00 5 - 2870 LF , TREE{SAFEN 4 200A0 6 • 1 LS DENSE&MATERIALTE$TRNIG 4,200.00 8T,76 0 TOTAL sEC'TION II SECTIO(d!IL.%QFRM SEWER Unit PriceE�enst. Rem No- CumUnR Desn 6 125.50 S 42,735.00 LF 1 330 64"CL III RCP 10200 11,730.00 2 115 LF 43"CL 01 RCP 65.0E 28,100.0E • 3 440 LF. 38"CL MRCP a6,5o 38,882.5E 4 1005 LF 24"OL III RCP - 18,682.So 5 , 486 LF 18"CL IU RCP • 28.00 55 6 1 EA s'X,5'STORM SEWER JUNCTION BOX 3,200.00 3,200.00, 00.00 7 13 EA RCP WYE CONNECTION 150.00 ) 14'CURB INLET 2,860,0E Y1,880,00 e a EA 13,200.00 9 B EA 10'CUT281NlET 6�.00 2.63E 00 10 • 1 EA 54"TY 8 HEADWALL 880.0E 55"TY'B HEADWALL 550.00 11 1 EA 7.315.00 12 •70 CY 10"-12"ROCK RP-RAP EROSION 104,50 0�10 237.6E 13 2376 LF • TRENCH SAFETY 84010 ?�237.60 to 1 LS ,00 TOTAL SECTION III AL TESTWCz 188,180.0E MI LLANEQUS • UnRP(ioa Extension Item No. Quantity unk Descd don •on +L'' 1 1 J..$ *Otte. , TOTAL M C ' TOTAL QUOTE; • $ 8 S 1,e'Z I • . . • 94 • . - • STO/LO0Q1 aSPTaQutgp Z890T6961Z Xd3 CO:OZ SOOZ/CT/90 MARIO _SINAGOLA Fax May 19 '04 15:19 P.02 • l • �P G VIARIC:i SINACOLA & SONS ._ me •-• EXCAVATING,INC. May 19,2004 Estates at Grcekstde Ph.III.Development.Inc. • . 8235 Douglas Avenue,Suite 650 Dallas,Texas 75225 . ATTENTION! Mr.Gary Defrain . GENTLEMEN: We propose to furnish all labor,materials and equipment ' necessary to constrict the following described work: - PROJECT: Creekside Estates,Phase Iq ' LOCATION: Wylie,Texas GRADING •• Item Description • Quantity Unit Unit Bid . Total Bid - I 1 Clearing&Grubbing 28.00 AC 300-00 $ • 8,40 00 •2 Uncl Ex.Incl.Rough Grading(Bank 27,465,00 CY 1.60 $ 43,944.00 ' • 3 Lot Benching(Initial) 95.00 EA 150.00 $ 14,250.00 •4 Lot Benching(Final) 95.00 • EA 60.00 $ • 4,750.00 • 1 5 Stabilized Constriction Entrance 1.00 EA 1.500-00 $ 1,500.00 /• GRADING TOTAL $ 72,844.00 • PAVING Item Description Quantity Unit Unit Bid Total Bid •1 6"3600 PSI Conn.Pvmt. 10,500,00 SY - 18.60 $ 184,250.00 -- 2 8"3600 PSI Conc.Pvntt. 5,650.00 SY 22.16 $ , 125.204,00 • 3 8"3600 PSI Conc.Pvmt.Alley 1,750.00 SY 26.50 $ 46,876.00 '4. r Lime'Stabillzed Subgrade 17,260.00 SY 1.60 $ 27,600.00 5 Hydrated time a 39.4#/SY 340.00 TN •83.00 $ ' 28,220.00 - g Street Header . - 81.00 LF ' 10.00 S. • 910.00 7 Sklewaik 4•Thick 6,100.00 SF 2.75 S- . l@775.O0• .8 - ;dewalk 5"Thick • - r, r- • :11 1.• • = :►'r•+ :9 :a e i,,-1 0 r '` • c oats • 1.00 L5 - 25,000.005 •25,00000 110 Two(2)Soccer Goals . • 1.00 LS 2,295.00 $ 22295)0 1,11 Baseball Backstop 1.00 L5 3,200.00 $ 9.200.00.• • 12 ' 6"3600 PSI Conc.Parking Lot 1,050.00 SY 24.93 $ 26,176.50 12A 7"Lime Stabilized Subgrade 1,114.00 SY 1.60 .S 1,782.40 12B Hydrated Lune tila 39.4#/SY 22.00 TN $3.00 $ 14826..00 ' 120 Striping atld Signage 1.00 LS 2,000.00 $ 2.00080' . :13 Barrier Free Ramps - 5.00 EA 750.00 $ 5,750.00 i14 Temp.TY III Barricade 90.00 LF 27.00 $ .2,43020 15 Low Water 250.00 .S - - 18 Rem.BarTcaae& onn.To Exist 'I.00 Ls6,800.40 S. •8,�� '17 - Maintenance Bond - $• 0 ' PAVING TOTAL • I • £a w it Cnic i Placs IN-YID Paws I of 3 Pr MtE EllenoW 200�t�:Q51904;Rtv d GP Pitimagt . UTILITIES • PAVING • EXCAVATING ' P.O.BOX 2329 • 10950 RESEARCH ROAD • FRISCO.TEXAS 75034 •- (214)387-3900 • ENGINEERING FAX(214)387-.3940 • FINANCE FAX(21413873950 . , ._ . . - ST0/900 0 aspTagae� 1990T69UTZ Xd3 CO OZ SOOZ/CT/90 MARI❑ SINRCOLA Fax:214-38?-3940 May 19 '04 15:19 - P.03 MARIO SINAC9 LA & SEXCAVATING,INC, 1 1 • QUALIFICATIONS; Units are based on Bury+Partners-DFW.Inc_plans Dated:04/30/04-Received_05/06/D4. - AiI work on this proposal will be performed with one move-In at one time ., - Excavation is based on a conventional scraper operation not to exceed 1500'haul • Our excavation quantity is 27,465 cubic yards and our neatline embankment quantity(zero - Final quantities will be determined using"Approved Plans" -Maintenance Bond cost for paving is$6800 -No concrete..geotechnkai,or compaction testing . - Basketball court quote Is 50'xB0 x5' depth grade beam slab With two regulation basketball extended backboard hoops w/galvanized poles; light broom finish on the slab with white regulation striping designating boundary,free throw,and half court lines -soccer goals are two portable regulation sized with nets, manufactured by Gametinle, heavy duty commercial , _ Baseball backstop includes three baseball backstop galvanized panels 10'wide x 15'tall(angled at the top) No grading for soccer field or bad field - No excavation or backfill for lot retaining walls No fence removal,replacement or repair . - No grade to drain or channel excavation ▪ No hand labor in tree area - No tree clearing on perimeter fencerows . ' - No hazardous material removal -No import,export or trucking of material _ - No landscape.irrigation,electrical adjustments or repairs , - No maintenance,installation or removal of erosion control devices - No median paving stones , -No permanent traffic Mari ktgs or signage • • • -No permits,impact fees or fees of any kind • • No pond de-mucking,cleaning or general clean up -No respreading of topsoil,sod.Or seeding - No rock excavation ' • No undercutting — No Was fax on Incorporated materials . - No street lighting • . 1 . • • • if • A . PtWek 5719120od aDo`.1Ds:°slips:Rena G,P Proposal', Onalaska';limees at Onalas ;limeIll-Prue Pipe: 9r 3 4T0/6OOVI aspTigwsD Ze90T896TZ XVI CO:OZ SOOZ/CT/90 MARI❑ SINACOLA Fax:214--387-3940 May 19 '04 15:19 P.04 MARIO SINACOLA & SONS � FXCAVA-rinc,INc. •� • • • - No surveying . Subgrade preparationlstablllzetlon quantity needs to be adjusted 0 included subgrade • . - No trash haul-off • No manhole blockouts for separate pour back:paving to be completed around manholes In • • Brick pavers included in barrier free ramps ' - Reinforced steel to be#3's on 18"c-c both ways in streets and#3's on 124a-c.in alleys • Street subgrade to be+/-0.20 feet and pad subgrade to be*/-0.30 feat of proposed grades • - No building demolition or haul-off - No well abandonment , Trees to be chipped and disposed on-site • owner to provide suitable location with city water on-site or adjacent to the site for a concrete We have quoted this protect on a unit price bests,any wait not specifically quoted or qualified is Should you have any questions,or need clarification regarding this proposal.please feel free to contact'this Sincerely, MARIo SIN COLA • S=NS EXCAVATING,INC.• • i eel Sinacala . i r47 Vice President • • • i . /of . • • ,,,e * . ,, . . . , . . Printed 51192OO4 209a-196:OS,$O&:Reid G,P Prop**Eitalei xCreek**Pnese in-Prop Page:9 of 3 STO/OTOl1 asp.t..iquivo Z990T6961Z Xvi t70:0Z SOOZ/CT/90 Jan 12 05 03: 44p Cites of Ww1ie Bldg Insp 9724420154 p- 1 I lir our Mission.. _ W ...to be responsibk leeward,:of the public Cruse. - frill o strive for excellence in pub&t service,4V1d to enhance the qualify of life for all. 4 • , January 12, 2005 Gary DeFrain 6235 Douglas Avenue, Suite 650 Dallas, TX 75225 Subject: Creekside Estates Phase III Reimbursement Agreement • Gary: The Wylie City Council has approved staffs request to enter into a reimbursement agreement with you for future improvements to a 14 acre(+1-)park site located in Creekside Estates Phase Ill. Although an actual agreement has not yet been drafted, the City has established procedures with other developers on similar agreements. The City typically agrees to reimburse the developer for improvements installed by the developer and approved by the Park and Recreation Superintendent. The developer must submit invoices to the Superintendent for his approval and recommendation for payment. The City will withhold 10%for retainage. Final payment is made when the Superintendent is satisfied that all improvements have been installed in a satisfactory manner. If you have any questions or require additional information, please contact me at your convenience. Thank you. Sincerely, Michael 8. Sferra Public Services Director City of Wylie 2000 Highway 78 North Wylie, TX 75098 Phone: 972-442-8108 Fax: 972-442-8154 msferra( ci.wylie_tx.us DEVELOPMENT SERVICES DEPARTMENT _ 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-9150• Fax(972)442-8154 - www.cLwylia,tX,us STO/TTOZ a913T1gw3D Z8901691'TZ Xvd I70:0Z 900Z/CT/90 nee 10 04 ii ! saa City of Wylie S72-442-4302 p. 2 4 ` WYLIE CITY COUNCIL AGENDA ITEM NO. January 27, 2004 Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development, inc. for the development of a park in Creekside Estates,in an amount not to exceed$60,000. Background The approved Planned Development District for Creekside Estates calls for an approximately 14 acre public park within the subdivision_ The developer, represented by Gary Defrain, is preparing to begin construction of the next phase of the subdivision which includes the park, and has requested that the City consider entering into an agreement that would allow them to construct the public improvements in the park at their costs,to be reimbursed by the City. In the first phase of Creekside, the developer exceeded their obligations for parkland improvements as set forth in the PD zoning. The proposed improvements are; 2,200 linear feet of 6' sidewalk, a low water pedestrian bridge, a basketball court, soccer goals, and a backstop. The developer has already graded the entire park area, including a practice ballfield and a practice soccer field at no cost to the City. The estimated cost for the improvements is between $50,000 and S60,000. The developer is aware that this project is not budgeted for at this time. and is willing to be reimbursed out of the FY 04/05 budget. Other Considerations N/A Financial Consideration The budgeted 48 fund balance for FY 30/04 is $506,930. Should the Council wish to fund the reimbursement during this budget year,adjustments may be made at mid-year. Reard/Comtnissiop Rceonunendatloes The Park Board will review the proposal during their January 26,2004 meeting. Staff Recommendatioas N/A STO/ZtOL aSpiaqinD Z890169GTZ XVd 170:0Z SOOZ/CT/90 06/13/2005 20:04 FAX 2146910682 Cambridge 1?1013/015 • la/middy JOSeut aulanim ,Cq pama!Aaa panulaid Ill amid'-amiss apis)aaX ria uryau-My E 'd 20Ei-241.4-2L6 atTRrl 4o R7t3 e6S : TT 40 OT vaQ Disc 10 04 11 s 58z! Git:� of W�1 ie 972-442-4302 p.4 Public Comments Mr.Joe Aurelio,409 Grant.Drive-expressed concerns with the use of the impact fees and rebating the fees back to developers. Acting City Manager Mindy Manson explained the process of(1 •lug impact fees as stipulated in state guidelines.She explained that in this particular situation,the • eloper has installed infrastructure that will benefit many areas of the city of Wylie nu ' of that development.therefore the developer would receive a credit for doing so. Capita Action Councilman Worley made a motion to approve an agreement for reimbu nt to Bowman Farms Devekapmettt,Ltd.for construction of the Rush Creek 30-inch outfal)sewer I' _Councilwoman Allen seconded the motion. A vote was taken and passed,6-0 with Councilman T•• t absent_ 4. Consider and act upon approval of a Resolution of the ty comma of the Cif' of Wylie. Testis, determining a public necessity to acquire, by ham or condemnation, certain property;giving police of an official determination n acquire property for the Alan's Drive paving project;establishing procedures for the a- ,- • by purchase or condemnation,of property, . Staff Comments City Engineer Chris Hoisted addressed Council •n this item stating that there are eight parcels of land remaining for the City to acquire either th ••gh purchase or condemnation in order to complete the alignment of the 1999 Bond Project of pa ' g Mania Drive from SH 78 to Ballard Ave.He stated that the proposed resolution would establish - .. . .. necessary to acquire the parcels by condemnation if necessary. Council Action councilman Young made a • to approve Resolution No.2004-04(R).allowing for acquisition of certain property by pure: or condemnation for the alignment of the Aianis Drive paving ptvjcce Councilman Worley - cd the motion. A vote was taken and passed. 6-0 with Councilman Trout absent. 5. Consider d act upon as appointment to the Parks and Recreation Board, to fill an cute term_ Conne Action Co •ilntan Randall Shinn made a motion to appoint Ms.Jamie VanEston to fill an unexpired term to Parks and Recreation Board to end July 2005,Mayor Pro Tem Hogue seconded the motion.A votc Bras taken and passed,6-0 with Councilman Trout absent. 6. Consider and set upon authorizing the City Manager to enter into a Rciimburssatent Agreement with the Estates at Creektlde Phase IJJ Development,Inc.For the teve opmeat of a park in Creekaide Estates,la as amount nut to exceed$60,000. Staff Comments Acting City Manager Mindy Manson explained to Council that the developer for Crecksidc estates represented by Mr. Gary Detrain has requested that the City consider entering into an agromtent that would allow them to construct the public improvements in the park at their costs,to be reimbursed by die City- She stated that it is a le-acre park which will include a sidewalk, a low water pedestrian bridge, a basketball court. soccer goals, and a backstop. Ms. Manson stated that the improvements would not exceed 560,000.00. Min dies-.Watery 17.W$ Wylie City Cs.aslt Page S STO/lTO@] ailPTagtauD MOMP-1Z XVd 1'0=0Z 500Z.CT/90 Iles 10 04 1 1 : 58a Cits of W�1 i e S72-442-4302 p. 5 Council Discussion • Mayor Pro Tent Hogue asked what the costs would be to the City if the City constructed the park improvements Ms.Manson stated that she did not have that information because the City would have to bid the projects.She stated that the most beneficial cost savings would be the concrete for the project. Mayor Pro Tem Hogue asked if there was an active Homeowners Association (HOA) in the current development Ms.Manson stated that there was and that the HOA had just relinquished a small park in the development to the City. Council Action Councilman Worley made a motion to authorize the City Manager to enter into a Reimbursement Agreement with the Estates at Cneckside Phase Ill Development.Inc.for the development of a park not k_______ to exceed S60,000.00.Councilman Voting seconded the motion.A vote was taken and passed.6-0 with C.ouncilman Chris Trout absent READING OF ORDINANCES TITLE & CAPTION APPROVED BY C 4NCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION I3-D- City Secretary Carole Ehrlich read the caption of Ordinance No.2004-05 for the ord. EXECUTIVE SESSION In accerdunce with Chapter 551,Coverarnent Cade,Vor'non's Teats Cede a.etatad(Open Meeting Act), Section 551. SS 551.071 Consultation with Attorney;Closed deg A governmental body may not conducts private conruitad• with its attorney except: (1) when the governmental body seeks the advise a is attorney (A)pending or contemplated litigation;or (8)a sctilconent OftbT or (2) on a matter in which the duty of l• • attorney to the governmental body under die Texas Disciplinary Rules of Professional ,, net of the State Bar of Tu:as clearly conflicts with this chapter_ Annexation Procedures and Ce .* , ate of Convenience and t4eceaalty Issues Mayor Mondy adjourned to Execu a ScssiOn at 7:30 p.m. RECONVENE INTO OPEC MEETING Tall.any action as a ' the Earcntive Session. Mayor Mondy re toed into Open Session and then Work Session at 7:45 p.m.There was no action to be taken as a / It of the Executive Session. • WORK SE,ON •/Water/Sewer Rate Study pu.Bob McClainc,of Maximus updated Council on the Water/Sewer Rate Study. • Miasmal-Jiseery 27,tea Wylie City Cw.ea top STO/STOCjj aspT amen D 2990T89t1Z Xv3 SO=OZ 5002/ET/90 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No.#: Date Prepared: June 16, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for the Creekside Estates Phase IV Addition, generally located east of McCreary Road and north of McMillen Road. RECOMMENDED ACTION: The Planning and Zoning Commission voted on June 7, 2005, 6—0 to recommend approval. SUMMARY: The Final Plat for the Creekside Estates Phase IV Addition includes 51.4399 acres and will create 114 single- family residential lots. The subject property is zoned Planned Development (99-32) District, to provide the development of a mixed-use master-planned community. The Development Plan approved with the PD also serves as a Preliminary Plat for all phases of the development. To date, three phases have been developed, creating a total of 455 single-family residential lots of varied size and density, as well as recreational and environmental open spaces. Future phases will provide multi-family residential and neighborhood retail. The PD Conditions provide for a minimum lot size of 8,500 square feet within this Phase, and all lots exceed 8,600 sq, ft. with several larger than 13,000 sq. ft. Alleys are not provided within this phase, and are not provided throughout most of the existing Creekside Estates as they were not required by the Subdivision Regulations at the time the PD was approved. Drainage controls throughout the development were agreed upon with the approval of the PD to assure no increase in post-development storm-water run-off. The drainage easement and retention pond provided on this Plat will be largely dry and suitable for recreational uses, and will be maintained by the City. A City water storage already occupies a portion of this dedicated City Park/drainage area. The Final Plat substantially conforms to the approved Conditions and Development Plan of the Planned Development District, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: CT \ 6/16/05 City Manager: /19B/e \ 6/6Va "' CITY OF WYLIE Item No. E City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: June 22, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Consider, and act upon, Amending Section 5(b) and Exhibit A of the Agreement for Legal Services with Abernathy, Roeder, Boyd and Joplin, P.C., relating to billing rates, to be effective July 1, 2005. RECOMMENDED ACTION: Approve. SUMMARY: Mr. Richard Abernathy, City Attorney, has requested an increase in his paralegal billing rate, from $75.00 per hour to $85.00 per hour effective July 1, 2005 (Section 5(b) of the current Agreement. In addition, he has requested several changes to Exhibit"A" of the current Agreement, which relate to direct costs, i.e. reducing the copying cost per page from $0.25 to $0.20, reducing the fax per page cost from $2.00 to $1.00 as well as adding new costs for survey copies per page ($2.00), and survey reductions per page ($4.00). APPROVED BY: Initial Date Department Director: \ City Manager: /Vie \ 6/a5/cr- ABERNATHY ROEDER BOYD JOPLIN.P.C. 1700 Metro Redbud Boulevard,o Suite 300 •P.O.Box 1210•McKinney,Texas 75070-1210 40 ATTORNEYS AT LAW RICHARD M.ABERNATHY rabernathy@abernathy-law.com Board Certified-Civil Trial Law Direct Dial 214.544.4002 Texas Board of Legal Specialization Qualified Mediator June 6, 2005 Mr. Mark Roath City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Regarding:New Billing Rates Dear Mark: As you know,we enjoy a contract with the City of Wylie. However,our Firm annually reviews its fees. As costs continue to rise, we have determined it is necessary to adjust our paralegal billing rates for other clients and wanted you to be aware of it. We have not increased paralegal billing rates in over ten years. We will be increasing our standard paralegal billing rates to$85.00 per hour effective July 1, 2005. This paralegal rate change will not affect the Firm's current contract with the City of Wylie. We have also modified our costs, reducing rates in two categories and adding two new categories to account for new technology that has been added. The new rates are attached and are designated "List of Costs". Since two of these costs result in reductions, we are offering them to you now. Please let us know if the new cost structure is acceptable. As always, we are grateful for the opportunity to represent the City of Wylie. We appreciate the business relationship we have developed between the City of Wylie and our Firm and look forward to continuing this relationship for years to come. If you have any questions, please do not hesitate to contact me. Yours v truly, Richard M. Abernathy /jjh Enclosure LIST OF COSTS Long Distance Telephone Calls (per call) $2.00 Copies (per page) $0.20 Survey Copies (per page) $2.00 Survey Reductions (per page) $4.00 Faxes (per page, sent) $1.00 In-house Courier(Dallas and surrounding cities) $35.00 In-house Courier(local) $10.00 Postage Current U.S. Postal Service Rate it A ABERNATHY ROEDER BoYD S J OPLIN • P. 1700 Redbud Boulevard,Suite 300•P.O.Box 1210•McKinney,Texas 75070-1210 . Metro 214.544.4000•Fax 214.544.4040 ATTORNEYS AT LAW RICHARD M.ABERNATHY rabemathy@abemathy-law.com Board Certified-Civil Trial Law Direct Dial 214.544.4002 Texas Board of Legal Specialization Qualified Mediator April 18, 2005 Mr. Mark B. Roath City Manager City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 Re: Agreement for Legal Services (the "Agreement") Dear Mark: Enclosed please find a fully executed Agreement for your files. It is my understanding that my firm will be paid according to our prior contract with the City of Wylie for all work performed before the date of execution of this Agreement. If my assumption is incorrect,please let me know immediately. We appreciate the opportunity to work with the City of Wylie and look forward to a long relationship. Very truly yours, AP-,1 RMA/bac Richard M. Abernathy Enclosure @PFDesktop\::ODMA/PCDOCS/ARBJ/335311/1 • AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is made and entered into this 12th day of April, 2005, by and between the City of Wylie, Texas, hereinafter referred to as the "City" and the firm of Abernathy, Roeder, Boyd and Joplin, P.C., hereinafter referred to as the"City Attorney"or the "Firm." Recitals A. The City is a political subdivision of the State of Texas, and maintains its principal place of operations at the 2000 Highway 78 North, Wylie, Texas, 75098. B. The Firm is a professional service corporation organized and existing under the laws of the State of Texas, and has its principal place of business and office at 1700 Redbud Boulevard, Suite 300, McKinney, Texas, 75070. C. The City sought a qualified and experienced legal counsel to represent the City and its officers and officials in matters relating to the City's official business in 1994. D. The Firm responded to the City request for said legal services. E. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. F. The City approved a Retainer Agreement with the Firm on October 25, 1994. THEREFORE, in consideration of the premises and mutual covenants expressed herein and pursuant to the employment relationship between the parties, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. Recitals: The recitals outlined above are true and correct and are incorporated into and made a part of this Agreement. 2. Position. The City hereby employs, engages and hires the Firm to serve as and to perform the duties and responsibilities of City Attorney pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. 1 3. Term. The term of this Agreement shall commence upon execution of this Agreement, and shall, at the pleasure of the City Council, continue in effect unless terminated by either party by giving ninety (90) days written notice. 4. Services to be Performed. A. General. The Firm shall serve as the City Attorney who shall act as legal advisor to, and Attorney and counselor for, the City and all of its officers in matters relating to their official duties. All of the resources of Abernathy, Roeder, Boyd and Joplin, P.C., law firm will be available to support that role. Specifically, the City Attorney will have the assistance, when necessary, of other members of the firm, secretarial staff, paralegals, law research and word processing equipment. It is expected that the City Attorney will provide such duties required pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. B. Routine Legal Services: The routine legal services to be provided on a recurring basis shall include the following: 1. Preparation for and attendance at all regular, special meetings or work sessions of the City Council when requested by the City Council or City Manager. 3. Preparation for and attendance at any City Committee, Board, or other meeting when requested by the City Council or City Manager. 4. Consultation with the City Council members, City Manager, or City Secretary regarding the Council agenda or other City matters. 5. Consultation with staff of various departments and divisions of the City on matters affecting their operations. 6. Draft or review of all ordinances and resolutions of the City. 7. Draft or review of all contracts, leases, franchises, agreements and documents of a strategic or operational nature involving the City. 8. Review of all claims made against the City to determine potential liability and to advise appropriate officials of the City as to the proper method for the disposition thereof. 9. The rendering of advice concerning the potential claims of the City against other persons or entities. 2 10. Draft or review of all proposed code amendments. 11. Coordinate and oversee research and legal functions even when associated with outside counsel and provide liaison from the City to outside counsel, including approving billing negotiations and fees. 12. Conduct internal workshops as requested. 13. Render personnel advice. 14. The City Attorney shall advise the City Council as to its compliance or noncompliance with the provisions of the Charter of the City of Wylie and Texas Statutes. 15. The City Attorney shall provide quarterly reports due the 15th day of January, April, July and October. Each report shall include the previous three months of activities. C. Litigation Legal Services. The "Litigation Legal Services" which are to be provided by the Firm to the City include, but are not limited to: a. Serving as counsel for the City in any and all legal actions, including, but not limited to, civil lawsuits, administrative hearings, mediation or arbitration proceedings in which the City is a party or in which it has an interest; b. Serving as counsel for the City in the appeal of any legal action in which the City is a party or in which it has an interest; c. Acting as counsel for the City in any employee grievance proceedings; d. Serving as counsel for the City in any administrative proceedings; e. Investigating and responding to charges filed against the City with the EEOC; f. Investigating complaints of employment discrimination against the City; g. Representing the City in eminent domain proceedings, including negotiations, mediation and arbitration. h. Representing the City in condemnation proceedings. D. Request for Information or Advice. The City Attorney shall answer all City initiated requests for information or advice in a timely fashion. Generally, 3 telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days, and written documents shall be produced within 7 business days, or within a mutually agreed upon time frame. The City Attorney shall use his best efforts to review routine items within 5 business days, more difficult and lengthy review shall be accomplished within a mutually agreed upon time frame. 5. Compensation. The City shall pay the Firm the following compensation for the various types of legal services provided by the Firm: a. Routine Legal Services at an annual retainer of $102,000.00 to be paid in four equal installments, by March 31, June 30, September 30, and December 31. The amount of the annual retainer set forth in this Agreement may be reviewed and renegotiated, at the City's or City Attorney's discretion, in June of each year this Agreement is in effect; provided, that any change in amount will not take effect until October 1 of said year. b. Litigation Services at the rate of $200.00 per hour for partners, $185.00 per hour for associates, and $75.00 per hour for legal assistants. c. The City acknowledges that the City Attorney may incur various expenses in providing services to the City and agrees to reimburse City Attorney for such out of pocket expenses whether for routine or litigation services. The Firm will bill the City on a monthly basis. Such costs and expenses include, but are not limited to, charges for serving and filing papers, documents, depositions, transcripts, investigations, appraisals, witnesses, long distance telephone calls, copying materials, computer assisted legal research, travel expenses, and postage. Extraordinary items, such as expert witness fees, travel expenses or expenses above Five Hundred Dollars ($500.00) will be authorized by the City before the charge is incurred. Attached as Exhibit "A" are the costs of some of these expenses and fees. 6. Billing. The Firm will submit an itemized statement to the City for each month for Litigation Services and Expenses and payment shall be due upon receipt. The statement for March 1, June 1, September 1 and December 1 shall include one quarter of the annual retainer and shall be due by the end of each month. 4 7. Controlling Law. This Agreement and the validity, execution, construction, interpretation, performance and enforcement thereof shall be governed by the substantive and procedural laws of the State of Texas. 8. Termination. This Agreement may be terminated by a majority vote of the entire City Council by giving the Firm ninety (90) days written notice; the parties may terminate it by mutual consent; and the Firm may void it by giving the City ninety (90) days written notice. 9. Independent Contractor. It is agreed that the City Attorney is an independent contractor, and all persons working for or under the direction of the City Attorney, are agent's, servants and employees of the Firm, and said persons shall not be deemed agents, servants or employees of the City. 10. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 11. Integration. The Agreement sets forth and establishes the entire understanding between the City and the Firm relating to the employment of the Firm by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by the Agreement. No amendment or modification of this Agreement shall be valid or effective unless it is in writing and properly executed by all parties thereto. 12. Notice. Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the City at its principal place of operations and (b) to the Firm at its principal place of business and office. 13. Annual Evaluation. The City Council shall have the right to conduct an annual evaluation of the performance of the City Attorney. 5 14. City Property. The Firm agrees that all files, documents, correspondence, notes, reports, data, specifications, drawings and other material prepared by or furnished to the City Attorney in connection with this Agreement hereunder shall be and remain the exclusive property of the City. Said property of the City of Wylie shall be turned over promptly upon request after resolution of all compensation issues. IN WITNESS WHEREOF, the parties executed this Agreement in Collin County, Texas this 12th day of April, 2005. CITY OF WYLIE, TEXAS Jo ,I, pn y, or ATTEST: `�. • 131 SEAL By: •., . • Ca ole Ehrli , City Secretary '% ''-L .................� ABERNATHY, ROEDER, BOYD &JOPLIN, P.C. fica„A,,,C Richard Abernathy 6 EXHIBIT "A" TO AGREEMENT FOR LEGAL SERVICES LIST OF COSTS Long Distance Telephone Calls (per call) $ 2.00 Copies (per page) $ 0.25 Faxes (per page sent) $ 2.00 In-House Courier (Dallas and surrounding cities) $35.00 In-House Courier (local) $10.00 Postage Going Rate as Directed by the U.S. Postal Service Courier Mileage (per mile) $ 0.32 7 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM June 28, 2005 Council Meeting Of: Originating Department: Planning Prepared By: Claude Thompson Account Code No.#: Date Prepared: June 17, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for commercial uses, property being generally located in the southwest corner of Country Club Road (FM 1378) and Parker Road (FM 2514) ZC 2005-10 RECOMMENDED ACTION: The Planning and Zoning Commission voted on June 7, 2005, 6 — 0 to recommend approval with modifications of the permitted uses agreed to by applicant and incorporated within the following discussion and attachment. SUMMARY: Owner: Dennis and Dave Bell Applicant: Stephen Schattner of Imperial Holdings The property totals 2.138 acres in two separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). The property was annexed into Wylie in 1999, and is zoned Agriculture (A). It is currently occupied by a Contractor's Storage Yard and a single-family residence. Notification/Responses — Six (6) notifications were mailed, and no responses have been received at posting. This request requires a simple majority vote of Council to approve. The requested neighborhood retail uses conform to the recommendations of the recently-adopted Comprehensive Plan. The Plan recommends that such retail be limited to intersections of major thoroughfares such as the subject site, and speiffically recommends the subject property for such uses. Planned Development zoning is requested in order to modify the list of uses allowed within the Neighborhood Services (NS) District, and the development will otherwise comply fully with the standard requirements of the NS District. The Commission negotiated certain changes to the initially-proposed list of allowed uses (as listed in the attached Conditions). PD zoning is justified, to achieve the most appropriate uses at this location. APPROVED BY: Initial Date Department Director: CT \ 6/17/05 City Manager: frPR \ 6/a3/4f' AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture(A)to Planned Development(PD) District for commercial uses, property being generally located in the southwest corner of Country Club Road (FM 1378) and Parker Road(FM 2514). ZC 2005-10 SUMMARY: (Continued) Specifically, certain uses which the ZO allows only with an approved Specific Use Permit(Minor Automotive Repair, Attended Full Service Car Wash, General Merchandise or Food Stores Larger Than 5,000 Sq. Ft., and Drive-thru Services for Restaurants and Financial Institutions) are proposed to be allowed by right, not requiring SUPs. Home ImprovementBuilding Materials Center is not currently allowed within the NS District, and is proposed to be allowed with an SUP within the PD. No other uses which are not allowed or which are allowed with SUP restrictions by the ZO are proposed to be allowed by the PD. Commercial uses have already developed at this intersection of two regional thoroughfares, although none as yet within the City of Wylie corporate limits. A diverse mix of commercial uses, mostly convenience goods and personal services such as envisioned by the Neighborhood Services District, exist to the south of the subject tract around the intersection of the eastern Parker route. Parker Road will be realigned at some future date to remove the existing off-set jog, most likely by the extension of the western segment north of the property toward the east across Country Club. The exact route of this future alignment and how it may effect the subject property is unknown at this time. ORDINANCE NO. 2005-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2005-10, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR NEIGHBORHOOD SERVICES RETAIL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for Neighborhood Services Retail uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit"C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance No.2005-25 Zoning Change-Zoning Case 2005-10 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 28th day of June , 2005. By John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—July 6, 2005 Ordinance No.2005-25 Zoning Change-Zoning Case 2005-10 Exhibit "A" Legal Description Zone Case#2005-10 ABSTRACT A0716 PATTERSON,WILLIAM,BLOCK 1,TRACT 4,ACRES 1.137 with an address of 2695 Country Club Road in the City of Wylie, Collin County, Texas BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being a resurvey of a called 1.138 acre tract of land described in a deed to Dennis Bell and Dave Bell, of record in Volume 4765, Page 3150, Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a ''/2" iron rod found for corner in the south right-of-way line of F.M. Road No. 2514 (Parker Road), at the northwest corner of said 1.138 acre tract; THENCE South 89°22'27" East along the south right-of-way line of F.M. Road No. 2514, a distance of 160.10 feet,to a 5/8" iron rod set for corner at a corner clip; THENCE South 45°02'08" East along said corner clip, a distance of 72.23 feet to a highway marker found for corner in the west right-of-way line of F.M. Road No.1378 (Country Club); THENCE South 00°52'13" West along the west right-of-way line of F.M. Road No.1378, a distance of 189.70 feet to a 3/4" iron pipe found for corner at the southeast corner of said 1.138 acre tract; THENCE South 89°48'39" West along the south boundary line of said 1.138 acre tract, a distance of 208.71 feet to a 5/8" iron rod found for corner at the southwest corner thereof; THENCE North 00°05'40" East along the west boundary line of said 1.138 acre tract, a distance of 243.16 feet to the PLACE OF BEGINNING and containing 1.137 acres of land. ABSTRACT A0716 PATTERSON, WILLIAM, BLOCK 1, TRACT 5 ACRES 1.002 with an address of 2675 FM 1378 in the City of Wylie, Collin County, Texas BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being a resurvey of a tract of land described in a deed to Dave W. Bell of record in Volume 5638, Page 579, Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/4" iron pipe found for corner in the west right-of-way line of FM Road No. 1378 (Country Club), at the northeast corner of said Bell tract; THENCE South 00°05'40" West along the west right-of-way line of F.M. Road No. 1378, a distance of 209.06 feet to a 5/8" iron rod set for corner at the southeast corner of said Bell tract, from which a 3/4" iron pipe found for reference bears North 89°48'39" East, a distance of 2.16 Ordinance No.2005-25 Zoning Change-Zoning Case 2005-10 feet; THENCE South 89°48'39" West along the south boundary line of said Bell tract, a distance of 208.71 feet to a 5/8" iron rod set for corner at the southwest corner thereof; THENCE North 00°05'40" East along the west boundary line of said Bell tract, a distance of 209.06 feet to a 5/8" iron rod found for corner at the northwest corner thereof; THENCE North 89°48'39" East along the north boundary line of said Bell tract, a distance of 208.71 feet to the PLACE OF BEGINNING and CONTAINING 1.002 acres of land. Ordinance No.2005-25 Zoning Change-Zoning Case 2005-10 Exhibit B Zoning Case No.: 2005-10 Conditions of the Planned Development District Southwest Corner of FM 1378 and FM 2514 in the City of Wylie, Collin County,Texas 1.137 ACRES with an address of 2695 Country Club Rd 1.002 ACRES with an address of 2675 FM 1378 A. General Conditions: 1. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 2. All regulations of the existing Neighborhood Services(NS) Zoning set forth in Section 4.1.Aof the Zoning Ordinance (as adopted November,2001) are included by reference and shall apply as specifically herein. B. Special Conditions: 1. The following uses shall be permitted by right as functions of the PD: a. Automobile Repair, Minor b. Car Wash with Attendant(Full Service) c. Club or Lodge (Non-Profit) d. Food Processing e. General Merchandise or Food Store 5,000 s.f. or less f. General Merchandise or Food Store 5,000 s.f. or more g. Household Equipment&Appliance Repair h. Motor Vehicle Fueling Station i. Personal Service Use j. Restaurant with or without Drive-Through Service k. Financial Institution with or without Drive-through Service I. General Office m. Medical Clinic 2. The following uses shall be permitted with Special Use Permit (SUP): a. Animal Clinic or Hospital b. Automobile Rental c. Car Wash without Attendant (Coin Operated) d. Dry Cleaning or Laundry, Drop-Off or Self Service(On-Site Dry Cleaning) e. Equipment Rental f. Home Improvement Center, Lumber, Brick, or Building Materials 3. The drive-thru service window will not be located on any wall that is facing public streets 4. The applicant shall be in compliance with the existing NS code in every respect with exception to uses indicated in Section B.1 and B.2 above. \\' . AD v ,;1i i' t o{1'R. \h 1 44 a It sz� ' aa.r ee8B seat# NU LL Fig g N"'� tIN iUHHHUa#m,H!1� BUN a i oe► !!!lP111�, p p pp - e 2 .,, PROPC)S':C)EL[=V'AT'1ON5 mwGn _. ._ . -CONCEPTt-Al.()NIA' `'" 14 PROPOSE')SITE PLAN .^...... -CONC E PIU AL ONLY - i i Subject Properly ,� i — R • S ll I —1 1 I a : : Ir i i • —"—.-___ i — i LUCAS CITY LWTS i i i `. -flak'. i.4_.-.-___.._.. : : i • i E _._i i i i i . t r-+ i ~ i i i I •! i . , i� Mr E _ _ F-i i 3 — i• • i -: i i-== ._..i • -. .-.».—.--d=.--_-.—. i +.. -.-�._...�....--�•--1 »' 11.1 11111111111111111 VP�F'!11111111�11111/! .'��.. /�,•� J��,•,,��1�► ' I + i Illso ` •'111.12.11:1''"♦� ■1111.111nr*.4► 01 !!...1► 11111 L_ IIIII 111 • 4 �jI� ' �1�IfI I _____.—�.•• &•r �� ! r4t '! ��UO1f1 �` li#�� 1/1 , i • 111111111111111� % {1�1u11un ♦�1111111�ti"■ _- . � llllllllllll 1I1%ovaismil % ♦♦ �1{tllllllllh1 : ; j •� -' � IIfH11f1111firlOI f�� {{I11111111 1 111111111l111111111/1l1111� ♦� �� "' fff . �� — `��1�IIIN1111T11111111111111�� IIIu111u1W11 �� 1m1111111 i 1111>-�: 111111Iuu•� I11111111111i1fi{�{♦ ,,�1 11111111/ € .iii:IIII C �: ;'��r1111 fip �1 uI111iiii i nth iii i i -- -- -_,----- :, I►.�1i1•��%LMi;1111 111- �=; 1.�IIIIIIIII IIIIii!1 111 I IiIIII -�,.1►►l►1110(1;�►11111 �: - 111111111°II11II11I11a11111Iu1;: l 11►►I►/111 t��/�`�1111I11111\�E 1`1111111 1III111111!!!IIIIII/III► �I►1111111►►�i �i�1�{111111111_1/I; lllllll1111I'IIIIIIIIII►� ' .. I►►1111010" �/�111111�;•,0 11 ''!1!l111111111• ir :u11►1u1III►0 j, rinl111UJ21 C ,.,r=- vII111111 I11I111I1 IIh 11111111 ►►t►'1ittP/1►11►111►i,6 a ::tom` ! 1!lI9I111l1111 1- ■'- • 11111111,/11111I11112 ---- --- - -----.—.-.�.__-- .. : �� -.� I ter.. .-".111�� 111111 ..�� im I 1. .,1111_I i"=- 11l1l11° ,- illannikuunial 3 i , ��11-101IIIIIII('U11111Ii _ Iiiiiittarair • • 1 • , • • - 1 iIIIIIIII 'p= i 11111111�> 4= --- \vlllllll �mm _T�__T-T1 117 TTT T- -- - LOCATION MAP ZONING CASE #2005-10 NOTIFICATION REPORT APPLICANT Stephen Schattner of Imperium Holdings, LF APPLICATION FILE #2005-10 6350 LBJ Freeway, Ste. 163 Dallas, Tx. 75240 # 3LK/ABS1 LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Stephen Schattner 6350 LBJ Freeway, Ste. 163 1 Imperium Holdings, LP Dallas, Texas 75240 One Cornerstone Lane 2 Abst. 716-1 Tract 4 R-6716-001-0040-1 Dennis Bell Rockwall, Texas 75087-8301 One Cornerstone Lane 3 Abst. 716-1 Tract 5 R-6716-001-0050-1 Dave Bell Rockwall, Texas 75087-8301 2825 FM 1378 4 Abst. 716-1 Tract 7 R-6716-001-0070-1 RM Young Wylie, Texas 75098-7748 6935 Taylor Lane 5 Abst. 716-1 Tract 9 R-6716-001-0090-1 Bradley Webb Wylie, Texas 75098 4411 Parker Road 6 Abst. 716-1 Tract 32 R-6716-001-0320-1 Thomas Sessums Wylie, Texas 75098-7719 7 8 , s 9 3 t 10 , 11 12 _ 13 14 _ 15 16 17 18 CITY OF WYLIE Item N 2 CiCitySecretata ry's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 14, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: June 1, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Hold a Public Hearing and Consider and act upon the withdrawal of a change in zoning to provide a Specific Use Permit(SUP) for an Indoor Commercial Amusement within the Corridor Commercial (CC) District. ZC 2005-12 RECOMMENDED ACTION: The Planning and Zoning Commission voted on May 17, 2005, 4—0 to recommend approval. SUMMARY: The applicant has decided not to move forward with the development, and requests the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen to comment, and then accept the applicant's request for withdrawal. APPROVED BY: Initial Date Department Director: CT \ 6/1/05 City Manager: /V4R \ %ta swe Texas Dollar Pawn 202 S. Ballard St. Wylie,TX 75098 MEL FOUST ThOwner (972)429-5072 � � Gt V G� � (? 1�1�5 �t1 __ . DIrecicr Lj P for vi1 c E D t,c111 res tc t 1--11 cc f b v r projec . C e v l d 414- 0 TA e adrlres.s / s / 77 F/ i '7 . A zOt, CC1S Zoos -cIncef/ i ) ' eI Fvv, f Pe Ad V) Ot,vier o 1776 fiW 1,7 7 CITY OF WYLIE Item No. 3. Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Planning Prepared By: Claude Thompson Account Code No. #: Date Prepared: June 17, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Consider and act upon a request by Mike Douglas for shared parking on existing retail property at 1000 State Highway 78. RECOMMENDED ACTION: Denial. The property has not been platted to allow development, and the applicant has not demonstrated that all options for balancing parking requirements with tenants have been exhausted. SUMMARY: The property at 1000 State Highway 78 consists of two parcels which together total just less than one acre. The property was annexed into the City of Wylie in 1984, but has never been developed as a single lot of record. It was developed in 1987, in apparent compliance with the code at that time. Development consists of 2 buildings totaling approximately 14,000 square feet and common parking between the buildings providing approximately 33 spaces. The existing development reflects an industrial/heavy commercial construction within a zoning district which allows lighter retail uses. The applicant desires to lease the buildings to a pawn shop and a dance studio, both of which are being relocated from other locations within Wylie due to their growth. Both uses are allowed by right within the Corridor Commercial (CC) District. These two proposed uses require a total of 59 parking spaces. The owner/applicant maintains an office and manufacturing business within a portion of the structures which requires 7 parking spaces. This is a total parking requirement of 67 spaces or 34 more spaces than are currently provided on the site. Parking requirements for the existing and proposed uses are as follows: • Proposed Pawn (Retail), 8,040 sq. ft. @ 1 space/200 sq. ft. = 40.2 spaces • Proposed Dance (Personal Service), 3,674 sq. ft. @ 1 space/200 sq. ft. = 18.4 spaces • Existing Office, 327 sq. ft. @ 1 space/300 sq. ft. = 1.2 spaces • Existing Manufacturing, 2,940 sq. ft. @ 1 space/500 sq. ft. = 5.9 spaces Total parking spaces needed 66.7 spaces APPROVED BY: Initial Date Department Director: CT \ 6/17/05 City Manager: rt/BR \ 013/4r 1 AGENDA SUBJECT: Consider and act upon a request by Mike Douglas for shared parking on existing retail property at 1000 State Highway 78. SUMMARY: (Continued) Section 7.3.F of the Zoning Ordinance provides that the City Council may allow compliance of the parking requirement by alternative methods, including Shared Parking (see attached). Shared parking may be approved for businesses "within a cooperative facility" (the subject property is owned and managed by the single applicant) and the"uses separately generate parking demands when other uses are not in operation" (the pawn shop operates during the day and the dance studio operates in the evenings). The applicant argues that the pawn shop and his manufacturing facility operate during the day from 9:30AM to 6:30PM, where as the dance studio operates in the evening from 5:30PM to 9PM, and thus should be able to share common parking. (except for the one hour overlap of use by the pawn and studio). Approval must be contingent on the applicant providing a binding contract to the City (approved by the Attorney and Planner) prohibiting the pawn and dance operations from being open to the public at the same time. The agreement should specify the uses (provide contact persons) and allotted times of operation (parking use), allow City monitoring for compliance, penalty for noncompliance and specify a time duration (if any) for review and termination of the agreement. The applicant further argues that the buildings have regularly in the past been legally occupied (granted CO by the City) by retail (Lady-Like Shop and Hometown Furniture) as well as a church, which could not comply with the required off-street parking. Wylie's parking regulations have been the same since at least 1985. It is not know today why these uses were provided COs in the past, although not complying with the parking requirements. The Planning Director has already agreed to reduce the required parking for the pawn operation, based on an interpretation of the different uses of such an operation, and these reduced calculations are reflected in this communiqué and attachments. Pawn is not a standard retail operation but rather limits free public access throughout the facility, and requires that a larger portion of the space be utilized for limited-access warehousing. As noted above, if calculated totally as retail the 8,040 sq, ft. building to be used by the pawn shop would alone require 40 spaces. The Director has agreed to calculate parking of the varied uses of the operation: 25% retail (at 1/200); 67% warehouse (at 1/500); and 8% office (at 1/300) — or a total need for 17 spaces. This methodology is regularly applied on other facilities (as noted on site plans). An alternative to granting the shared parking is the restriction building leases (and COs) to the number and types of uses for which on-site parking is provided (existing or expanded). This would include warehousing, light assembly, heavy commercial (commercial cleaner and printer, recycling center) and industrial. Another alternative to granting the shared parking is the expansion of parking on their site. The north/rear portion of the property is currently unpaved, and could be paved to provide some additional parking. Both buildings are constructed on the side property lines as well as at the front building line, allowing no alternative location for additional parking other than this area at the north. 2 1 . i i i i LE:\iroort 1 i i 0 i c o i GP i o 4642 N. i o Subject >. ._. k 0 I Property 0 R . ... .. ...-.....\, iSe ,..'/ .., ..- ...„.,., ,.- , , --' .0 i , ,- ., ' „, ,- „-- • , - ,• -' , ...- . . i •-- ------- i -' ••-• ...-- i ...;-• --• ....., ......,..-•.-"-. ,... „..• i ,.•-- ,• ......„ -- i ..-•-. i 00,00110.1111111.1.....17„,....-"".--_.„.•---- i . . ...- . ... 1 ,.% Rccarood ...- „I .... iron — e R.•10 -,- •-" i 5 Ps-' •-'. -I „..u• i ,.- -- i- i 1 -,,, 1-----2 ' '' -1: A ,.,. _. .. ,'. i .0 0 , i i 3 % ., !- . , , - State High , /., c). i .,- .„- , !- i . , , , ,--, --- -,. . , . . ., - „. . ._-- ;. r ,-. ,• / \_ .,-- _,. „ ...- / .,- . .,- / ,- (6 ) (l i a i i i i _.._.._ I o c o Rs.--Fi -.. . 1 1 I . 1 C LOCATION MAP DESIGN CENTER . . . Request for Parking Variance Applicant: FarmTek,Inc.,attn: Mike Douglas Location: 1000 Hwy 78 North, 1/10 mile South of Eubanks Lane Background: The property was originally constructed under jurisdiction of Collin County in the mid 1980's. The property consists of two buildings and shared concrete driveway and parking on about one acre of land. The present owner(FarmTek, Inc.)pur- chased the property in 1998 and made major improvements to the property includ- ing running sanitary sewer to the premises and enhancements to the exterior ap- pearance of the property. The owner occupies approximately half of one of the two buildings and leases the remaining space to other businesses. Supporting Information: The maximum parking available for the two buildings is 33 spaces.No additions or improvements to the property that meet city ordinances could be made to in- crease the amount of parking available. Two requests for a Certificate of Occu- pancy are presently pending with the city of Wylie for the available space in these buildings. The attached layout illustrates the business locations within the build- ings and the overall parking requirements per city zoning ordinances. As noted, zoning requires 35 parking spaces, and therefore,occupancy is being denied to at least one occupancy applicant. However,based on typical hours of operation,a maximum of 31 spaces is required at any given time of the day. Fur- ther,all businesses listed have already been in operation for one or more years, and therefore,have actual parking data available: • The pawn shop has seen a maximum of eight vehicles at one time(including employees)at their present place of business. • The cheer school has seen a maximum of twelve vehicles at one time (in- cluding employees)at their present place of business. • The owner has a maximum of four vehicles at one time (including employ- ees). Independent of business hours,this represents a maximum parking load for these businesses—based on actual parking data—of 24 parking spots. This provides for 38%growth in parking requirements before the 33 spot maximum is reached. Request: Please consider the actual parking requirements of these businesses, as docu- mented, and their hours of operation, and request the Wylie Planning Department approve the parking plan on behalf of the two occupancy applicants based on shared parking or other provision available to city council. Thank you. P �. QI -4—, Suite A/B-Pawn Shop 8040 SF 25%Retail(10 spots) A 8%Office(2 spots)67%Warehouse(5 spots) S Parking Demand:17 spots(9:30am-6:30pm) I ra N Parking Plan for Proposed Tenancy,June 17,2005 R a Total Parking Available:33 spots = Parking Requirements per City Ordinances:35 ip= Maximum Simultaneous Parking Requirement:31 spots "N 4 s 2. to --s a) Suite C-Cheer School Suite D-Office/Manufacturing —i 3674 SF 3267 SF ti 60%Creative Fine Arts(11 spots) 10%office(1 spot) v• i 18%Office(1 spots) 90%Manufacturing(3 spots) 22%Warehouse(2 spots) 3 Parking Demand:14 spots Parking Demand:4 spots (5:30pm to 9:00pm) 9:00am to 5:00pm Contact Mike Douglas Northgate Business Park 1000-D Hwy 78 North 1000 Highway 78 North Wylie,TX 75098 (972)429-0947 Wylie,Texas 75098 .. i 4p AAA ' 41111 maws }yam (c)Copyright 2004,Pictome ry International I.000 s. , 78 ALTERNATIVES TO REQUIRED ON-SITEPARKING REQUIREMENTS Zoning Ordinance F. Parking Alternatives The Council may allow parking requirements to be met by either one or a combination of the methods described in this section in lieu of the required on-site parking. 1. Off-Site Parking.The parking requirement may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located, subject to the following conditions: a. The parcels containing the use and off-site parking must be under common ownership; b. The parcel must be located not more than 300 feet from the building or use it is intended to serve; c. The parcels shall not be separated or divided from the building or use it is intended to serve by a freeway,expressway,highway,or major street; and d. An agreement, subject to approval by the City Attorney, shall be prepared to outline the terms and conditions of the off-site parking use. The agreement, containing the legal description of both the of site parcel and the parcel where the principal use is located, shall be recorded in the office of the County Deed Records to permanently register the existence of the off site parking arrangement with each parcel. 2. Shared Parking a. Requirements. The parking requirements may also be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence,as deemed by the Director,has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney, must be in the form of a binding contract,of sufficient length of time,between the property owners operating the shared parking facility to ensure the continued use of the facility. The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway,expressway,highway,or major street. b. Termination of Agreement. If the parking agreement is terminated,the owner shall be required to provide adequate parking or the certificate of occupancy shall be revoked. CITY OF WYLIE Item No. 4. City Secretary's Use Only COUNCIL AGENDA ITEM City Secretary Council Meeting Of: 6/28/05 Originating Department: Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: 6/15/05 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT: Consider and act upon appointments to the Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, and Zoning Board of Adjustments for those whose terms expire in July of 2005. RECOMMENDED ACTION: SUMMARY: Article 8, Section lA of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. We also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members, was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting with the Council Interview Panel. Council members and Mayor Pro Tem Eric Hogue, Councilman Earl Newsom, and Councilman Merrill Young volunteered to serve on the interview panel and conducted thirty six (36) interviews. The applicants consisted of twenty-two (22) new applicants and fourteen (14) current members seeking reappointment. The Panel met with applicants on Thursday, June 9th, Monday, June 13th and Thursday June 16th. The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. APPROVED BY: Initial Date Department Director: CE \ 6/15/05 City Manager: Ad ' \ ‘. /4s^ 1 Board & Commission Applicants Interviewed/Considered for Appointment /Reappointment 2005 Thursday, June 9, 2005 Monday, June 13, 2005 Thursday, June 16, 2005 Johnny Bray— Construction Anne Hiney—Parks/Rec 4B Weldon Bullock—ZBOA Donna Shirley—Library Kelli Bolton Kathy Spillyards— P&Z Robert Diaz—Parks/Rec & 4B Benny Jones Mike Phillips— Construction Claude Thompson —P&Z/ZBOA Rodney McCoy M. G. Byboth— P&Z Daniel Chestnut— Parks/Rec Eric Brown Frank Spingola— Construction (considered without an interview) Brandi LaFleur—Parks/Rec Karyn McGinnis Junaid Najamuddin (asked to be considered without an interview-schedule conflict) Shirley Burnett— Library/Parks Joel Hemphill Sandra Andrews-Williams Jan Sargent—ZBOA Harold Bolton Angelika Osbon Linda Jourdan— ZBOA Matthew Kirk Dan Taylor Valli Hoski — Library Scott Henry Jordan Rubright (asked to be considered without an interview-schedule conflict) Joe Murphy - Library Chad Jordan Steve Repasky - Construction Dave Tillery Craig Ferguson Jamie Gregg (currently on CBAC) Lymari Ames Katherine Bianchi David James Vicki Wilson **Total Interviewed: 15(including Liaison) 13 12 Overall Total: 40 **Actual number of applicants interviewed/considered (this do not include applicants that were scheduled but did not appear—4) CITY OF WYLIE 2004- 005 BOARD AND COMM! SDI N MEMB S _ TERM 'LACE O _� t r J i ' . 0 : A O A . .' O NT EXPIRES ANIMAL SHELTER ADVISORY BOA 1 Staff Liaison-Katy Munson 972/442-5268 1 Chuck Kerin 707 Parker Rd. 972/442-7236 972/442-6513 ckerini verizon.net 7/04 7/04 7/06 2 V-Joanna Richardson 5400 Elisa Ln.(Parker) 972/523-0949 972/418-7399 joanna75002@comcast.net 7/04 7/04 7/06 3 Katie Munson 2917KyleRd,Rowlett 75088 972/475-4650 972/442-5268 straykitten61@yahoo.com 1/05 1/05 7/06 4 Earl Newsom 619 Stoneybrook Dr. 972/442-7133 214/802-3960 enewsom@ci.wylie.tx.us 7/04 7/04 7/06 CONSTRUCTION CODE BOARD Staff Liaison Building Official Johnny Bray 972/442-8151 1 Jess Calhoun 708 W. Georgetown Dr 972/442-6092 calhounwylie@msn.com 7/02 7/04 7/06 2 Guy Gordon 644 Stoneybrook Dr. 972/442-3551 214/674-5781 ggordon@ccgmail.com 7/04 7/04 7/06 3 Jim Chaney P.O. Box 114 972/442-7303 214/455-3314 jdogg326(@verizon.net 7/04 7/04 7/06 4 Jerry Coombs 1710 Stonecrest Tr. 214/474-0974 coombsjb@ev1.net 7/03 7/03 7/05 5 Mike Phillips 417 Woodhollow 972/442-5714 214/384-7591 pphillipsl@aoi.com 7/01 7/03 7/05 6 Steve Repasky 316 S. Fourth Street 972/442-4301 srepasky@tcco.com 7/03 7/05 7 Frank Spingola 508 Rustic Place 972/442-6909 214/384-5925 fmspingola@aol.com 7/03 7/05 LIBRARY BOARD Staff Liaison-Library Director Mignon Morse 972/442-7566 1 Valli Hoski 2960 Whitley Rd. 972/412-5587 vallihoski@excite.com 7/04 7/04 7/05 2 Mary Johnston 208 S. Rolling Meadow 972/461/2554 972/494/8720 MHJohnst@garlandisd.net 7/04 7/06 3 Shirley Burnett 327 S. Fourth Street 972/442-5767 shirley426@aol.com 7/03 7/05 4 To Be Appointed 5 Grace Morrison 118 Glen Knoll 972/442-1689 gracem1@airmail.net 7/04 7/06 6 Mary Vaughan 408 Lanwood Dr. 972/429-4218 972/770-0440 mvaughan@asurion.com 7/04 7/04 7/06 7 Joe Murphy 1704 Lincoln 972/442-2119 469/893-6812 joe.murphy(a,ps.net 7/03 7/03 7/05 PARKS AND RECREATION BOARD Staff Liaison-Asst.Parks Director Robert Diaz 972/442-8197 1 V-Eugene Garner 1010 Lake Dallas Dr. 972/429-2251 7/02 7/04 7/06 2 Daniel Chesnut 200 Picadilly Circle 972/442-1375 972/941-2145 aggienuts@msn.com 7/03 7/05 3 Brandi Lafleur 3507 Viburnum Drive 214/474-2343 tklafleur@msn.com 8/04 8/04 7/05 4 Anne Hiney 301 N. Cottonbelt Ave 972/442-0370 972/672-4133 anne_hiney@mac.com 7/04 7/06 5 Ronnie Rogers 503 Hilltop Ln. 972/442-3850 ronnie.rogers@kraft.com 7/04 7/04 7/05 6 Frankie Delgado 1011 Meandering Dr. 214/474-1000 972/479-6594 frankie.delgado@fnc.fujitsu.com 1/03 7/04 7/06 7 David Willey 706 Nickelville 972/442-9127 972/562-0670 DwandDAWilley@aol.com 7/02 7/04 7/06 PARKS AND RECREATION 4B BOARD 1 Shirley Burnett 327 S. Fourth Street 972/442-5767 shirley426@aol.com 7/03 7/05 2 Dan Chesnut 200 Picadilly Circle 972/442-0103 972/941-2145 aggienuts@aol.com 7/03 7/05 3 Anne Hiney 301 N.Cottonbelt Ave. 972/442-0370 972/672-4133 anne hiney@mac.com 1/03 7/03 7/05 4 Eric Hogue 102 N.Westgate Way 972/442-6938 972/797-9409 ehogue@ci.wylie.tx.us 7/01 7/03 7/05 5 John Mondy 114 Douglas 972/442-3882 972/578-2039 mayor@ci.wylie.tx.us 7/04 7/06 6 Chris Trout 708 Nickelville 972/442-2487 972/442-4235 ctrout@ci.wylie.tx.us 7/04 7/06 7 J.C. Worley 335 Donna Drive 972/442-1511 972/442-6293 jworley@ci.wylie.tx.us 7/04 7/06 CITY OF WYLIE 2004-2005 BOARD AND COMMISSION MEMBERS *LACEI NAME I ADDRESS I HOME PHONE IWORK PHONE' EMAIL I ORIGINAL PPT. I CURRENT PPT. I TERM EXPIRES PLANNING AND ZONING BOARD Staff Liaison-PlanninctDirector Claude Thompson 972/442-8159 1 Scott Ames 1406 Anchor Drive 972/442-0858 972/684-0597 scooter@nortelnetworks.com 3/05 7/03 7/06 2 Don Hughes P.O. Box 1329 972/442-1166 972/979-8993 7/04 7/05 3 Kathy Spillyards 301 N. Jackson 972/442-0228 972/442-7653 kathyspillyards@earthlink.net 11/04 11/04 7/05 4 Eric Alexander 419 N. Gaston 972/429-1601 972/479-4762 ealexander@ti.com 1/05 1/05 7/06 5 Dennis Larson 345 Donna Dr. 972/442-6424 214/476-7939 denlars@verizon.net 7/04 7/04 7/06 i 6 M.G. Red Byboth 2722 W. FM 544 972/442-3734 972/509-5333 red@dallasmoving.com 7/03 7/03 7/05 l 7 Dave Hennesey 1308 Shelby Ct. 972/429-3794 469/477-8151 dave.hennesey@jpmchase.com 7/04 7/04 7/06 WYLIE ECONOMIC DEVELOPMENT CORPORATION BOARD Staff Liaison-Sam Satterwhite 972/442-7901 1 Gary Bowland 700 Westwind Lane 972/442-1467 7/04 7/07 2 Marvin Fuller 355 Donna Drive 972/442-6565 7/04 7/07 3 Gary Bartow 813 Forest Edge 972/429-9735 972/509-9748 gary@one2onedigitech.com 2/04 2/04 7/06 4 John Yeager P.O. Box 40 972/442-3123 972/442-3505 john@wylieinsurance.com 7/03 7/06 5 Merrill Young 200 Westgate Way 972/442-7916 myoung@ci.wylie.tx.us 7/03 7/06 ZONING BOARD OF ADJUSTMENTS Staff Liaison Planning Director Claude Thompson 972/442-8159 1 Weldon Bullock 1820 McMillen Road 972/442-2859 972/8394156 none 7/03 7/05 2 Jan Sargent 322 Lake Texoma Dr. 972/429-9182 469/261-9691 jan.sargent1@verizon.net 7/04 7/04 7/05 3 Linda Jourdan 423 Gaston/POBox 894 972/442-1746 lindaj@gucl.com or Ijourdan@gmail.com 7/03 7/03 7/05 4 Marilyn Herrera 503 Dogwood 972/442-1688 7/04 7/06 5* Layne LeBaron 224 Rush Creek 972/442-5867 214/536-7725 Ikew@gte.net 7/01 7/04 7/06 6 Mitch Herzog 802 Forest Edge Lane 972/442-2649 972/442-5115 herzogmitch@yahoo.com 1/05 1/05 7/06 7 Jeff Ellis 400 Vickie Lane 972/442-0615 972/814-1595 jeffery.ellis@gmail.com 1/05 1/05 7/06 NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD Jim Parks,Executive Director,NTMWD 1 Harry Tibbals P.O. Box 56 7/05 7/07 2 Marvin Fuller 355 Donna Drive 972/442-6565 7/04 7/06 CITIZENS BOND ADVISORY BOARD 1 Mike Phillips 417 Woodhollow 972/442-5714 469-576-8079 mphillips@cesglobal.com or pphillipslcaol.com 3/05 3/05 7/07 2 Grace Morrison 118 Glen Knoll 972-442-1689 469/576-8079 gracem1@airmail.net 3/05 3/05 7/07 3 Daniel Chesnut 200 Picadilly Circle 972/442-1375 972/941-2145 aggienuts@msn.com 3/05 3/05 7/07 4 Dennis Larson 345 Donna Dr. 972/442-6424 214/476-7939 denlars@verizon.net 3/05 3/05 7/07 5 Marvin Fuller 355 Donna Drive 972/442-6565 214-908-5515 marvin.fuller@inwoodbank.com 3/05 3/05 7/07 6 Linda Jourdan 423 Gaston/POBox 894 972/442-1746 972/701-7058 lindaj@gucl.com or Ijourdan@gmail.com 3/05 3/05 7/07 7 Chuck Kerin 707 Parker Rd. 972/442-7236 972/442-6513 ckerin(a)verizon.net 3/05 3/05 7/07 8 Chris Seely 1415 Quail Meadow 972/429-7177 972/235-3580 chris.seely@adams-engineering.com 3/05 3/05 7/07 9 Jay Whitlow 207 Hampstead 214-474-0748 jwhitlow@ccccd.edu 3/05 3/05 7/07 10 Doris Craighead 414 Dogwood Dr. 972/442-2336 , kcraighead@juno.com 3/05 3/05 7/07 11 Jeri Smith 106 N.Carriage House Way 972-442-9934 roierri aaaol.com 3/05 3/05 7/07 12 Jim Griffin 301 W. Kirby St.#222 972-461-1934 jgriffinwylie@yahoo.com 3/05 3/05 7/07 13 Janet Johnson 702 Andersonville 972-429-0197 phil.jan@verizon.net 3/05 3/05 7/07 CITY OF WYLIE 2004-2005 BOARD AND COMMISSION MEMBERS TERM 'LACE' NAME I ADDRESS I HOME PHONE Iw0 PHONE, EMAIL I O AIpPTAL f C URRE APPTNT I EXPIRES CITIZENS BONDS ADVISORY BOARD (continued) Staff Liaison- 14 Jim Cummings 920 Heatherwood Dr. 972-461-2772 jim.wyliesportsnut@verizon.net 3/05 3/05 7/07 15 Jamie Gregg 1102 Spring Tide Dr. 214/474-0039 greggjn@yahoo.com 3/05 3/05 7/07 *Denotes Alternate Please contact the City Secretary's Office with any revisions to this list. Applications of those Interviewed/Considered On June 9, 2005 For Board and Commission Appointment City of Wylie Board & Commission Member Profile Personal Information Name: DAA/;C( C.teSN L.4- 1 Board/Commission: /3frlc-r Address: c (9(7 P�GC A . S/ �•"� Work/Business: C%T4S- 9 F /1/*010 Home Phone: Yyd' 1 l3 75 Work Phone: 71 9 `'l/ - YJ Mobile/ ag 'for I- /(p'7 Email Address: ofigejeotil^if CdI'''i- `�4 St), 33 Sr3 Best way to contact you: )oI.c /'Aioat �r Spouses name: fix ve, 3:o.pM Board/Commission History Current Term Appointment Date: Term Expires: Is this your first time to serve on a City of Wylie Board/Commission? Yes [ ] No } If no, please list the previous Boards/Commissions and dates served: c5;4444. b n 7Q e eD F 7:10—Brandi LaFleur Expiring term—Parks and Recreation Aimee Nemer From: Brandi Lafleur[Website] Sent: Thursday, April 15, 2004 2:23 AM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Brandi Lafleur Date_of_application - 4/14/04 first_board - Planning and Zoning Commission second_board - Parks and Recreation Board third_board - Wyle Economic Develoment Corp. Board subcommittees - Yes home_address - 3507 Viburnum Drive home_phone - 214-474-2343 home_fax - 214-474-2901 HomeEmail - tklafleur@msn.com resident_years - 2 how_contact - Home Phone reg_voter - Yes bus_owner - No bus_name - occupation - bus_addy - bus_phone - bus_fax - bus_email - why - I would like to be more involved in my community. I am the VP/Treasurer of our HOA and think serving on a board would be beneficial to me and to my neighbors. Submit - Submit End of form information 28 7:30—Shirley Burnett Expiring term—Parks and Recreation ayle Walton From: Shirley426@aol.com Sent: Wednesday, May 18, 2005 6:44 PM To: citysec@ci.wylie.tx.us Subject: Renewal of library board application Could I apply for a renewal for my library board position online? Thanks. Shirley Burnett shirley426@aol.com 1 City of Wylie Board & Commission Member Profile Personal Information Name: Q_A 1,1 Board/Commission: �-t 1(J Oa_v'` Address: .3 `1 , , 41 1' Work/Business: Home Phone: 4f j 2- 171 (407 - J& J Work Phone: Mobile/Pager: Email Address: Best way to contact you: Spouses Name: Board/Commission History Current Term Appointment Date: Term Expires: 0 or S is this your first time to serve on a City of Wylie Board/Commission? Yes [ ] No [41 If no, please list the previous Boards/Commissions and dates served: � � -� [2:v%L,�r ,9.1)(,) d 1 �i'77 Please note that this form and the information you provide is subject to the Texas Public Information Act. 8:10-Jan Sargent _ O- .v. Expiring term-Zoning Bd of Adj. Aimee Nemer From: Janet L Sargent[Website] J �. Sent: Friday, April 02, 2004 6:38 PM ', To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name -Janet L Sargent Date_of_application - April 2, 2004 first_board - Parks and Recreation Board second_board - Zoning Board of Adjustment third_board - Wyle Economic Develoment Corp. Board subcommittees - No home_address - 322 Lake Texoma Drive home_phone - ome7fa -972-120 7006 HomeEmail - jan.sargentkverizon.net resident_ye - z ow_contact - Home Phone reg_voter - Yes bus_owner - No bus_name - occupation - Executive Director bus_addy - 322 Lake Texoma Dr. bus_phone - bus_fax - bus_email - why - I want to become a valued member of this community, contribute where I can. Help assure that the City of Wylie maintains its values and assets and preserves the goodness of the area. Submit - Submit End of form information Ofpt- 7I39 . 7/05 1 . . 8:20—Linda Jourdan �� I en144)I ( �I rd 8 (011111119011 Expiring term—Zoning Bd of Adj - � , �A l , / At,i, ,(� n -719 7t, 1 Spnnglig Please return your completed application to the(ity Secretary's Off ice at boo highway 78'llortlt-W�e,Texas 75og8. Name: L da s\ 0 U ractiA Please indicate your first, second and third preference ., Construction Code Board Planning & Zoning Board '-'b „ Library Board Wylie Economic-Development Corporation Board dr 1 Parks & Recreation Board Zoning Board of Adjustments ll Yes, I would be interested in serving on subcommittees that may be formed. i Personal Information Home Address: `k CS-6 S"o If\ Telephone: 1,i�'Lk (-\c'-\71 -cc9 Fax: E-mail: I have been a Wylie Resident for ) years Registered voter? p Yes IT No Occupational Information Business Owner? E Yes IT NO Occupation: '2 0.(`rV,e cdiJa Business Name: \.' \ ' LI t e s t , Business Address: 1\CA GQC Scar �� 1/44 Telephone: °C,a:1O ''lD 5' Fax: E-mail: L b u.rdoIA lam✓ k k off(, 10/0(CON, Have you ever or do you currently serve on any city boards? 0 Yes 0 No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) 0 Yes qNo Please indicate briefly why you would like to be appointed to a Board or Commission: ING k)-z (_,U d r k0 par,-* --(- 1 wkiz. -co r v 0, ts- ( d U,5 pa(N IC 5 'r-eC_ O.e 5 on A two(, 0), 10-(e - o Se r o-e of\ `�G\-12 . I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I hav pplied, or would consider an alternate appointment to a second or third service preference. 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Sa' �n -+?�z�++X�@R('I� ;�p7FEr5�'�s t r r�:, + �` n' . �z i.:=,, a° 3 :Pi ,ar _„'� `r al :,...x y *�'k. ;' a®o, to ade at.this�'"ttNT' , ,Vitt a'6:1:katio l for on'@'' ,,,Or. 8:30—Valli Hoski I 1 r rd 8 (oi nikm AppIi( 1d0n Expiring term—Library Board Spring 2143 Please returnyour completed application to the CitySecretary's Office at z000 Highway 8 North,Wylie,Texas o 8. P PP ry� S Y1 Y 15 9 Name: 'VA ti iô� 1 Please indicate your first, second and third preference Construction Code Board Planning & Zoning Board (" Library Board Wylie- Economic Development Corporation Board -- Parks & Recreation Board Zoning Board of Adjustments. © Yes, I would be interested in serving on subcommittees that may be formed. Op 'ItoA ` i, w x 7 Personal Informationn ' ` Home Address: W LW LOU 1� \ ' I wy(.1E ¶\A r � Telephone: gilifii �� 64 J4z. $ 7E-mail: VA ILA Has4) ®eLCrt ,cowl I have been a Wylie Resident for IQ years Registered voter? [lies _ No Occupational Information Business Owner? n Yes — L)L.Lupation: Business Name: Business Address: Telephone: Fax: E-mail: Have you ever or do you currently serve on any city boards? _ Yes E/No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ✓Yes No repotJ,,(, 15 h & { nl i L-y n vl y A' s-2 (1* .3 1 u esr, , t,„46 .' b Ple e indicate briefly why you would like to be appointed to a Board or Commission: rar= s IS T 0 li n ze (1� i 1�b1J. C we sf 1 HP I am aware of the meeting dates and times of the board/commission I have applied and if aointe�ee to serve on the Board/Commission whioi I ha ye applied, or would consider an alternate appointment to a second or third service preference. p art`' ��19(A rn t &/ NO 06( 1.-- , Signature Date FOR OFFICE 'USE s : Y 'Date App,'Rec'd ' o� . ..New Applicant?-I s ❑No : If no, applicant previously served on Board via x ❑websit? 'c ail :,--❑in person ❑referral- ❑newspaper -Atten d Applicant's Reception? ❑Yes ❑No dates) Applicant Interview<Scheduled Apfointment made to Term_Expires !jOZ ❑. Statement&Oath 'Completed pf Nooa�`` appointment made at thi me, retain .(1.YJ�/ ^__ 1 W/l 1/��application for one ye r. n I_4- is,.../l�._ it 0 . r1 A 8:40—Joe Murphy ' 'j Expiring term—Library Board Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 15, 2003 2:05 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Joe Murphy Date_of_application: first_board: Planning and Zoning Commission second_board: Ambulance Advisory Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 1704 Lincoln Dr home_phone: 97244221 19 home_fax: home_email: joe.murphy@ps.net resident_years: 10 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Health Care Consultant bus_addy: 13737 Noel Road Dallas Texas bus_phone: 469 893 6812 bus_fax: 469 893 7812 bus_email: ioe.murphy@ps.net why: I have experience in many aspect of business,community service and healthcare. I am very interested in the future of Wylie and surrounding area. I feel that by bring my vast experience to one of your boards I could help the city and its citizens to continue the progress that is already in action. LiA4A7 600-A-4. ? . Lir cola_ 7: _Dp M 1 8:50—Steve Repasky • Board and Commission Expiring term—Construction Board Zoning hoard of Adjustments Consists of 5 members and 2 alternates who meet on an as needed' basis to<consider applications for variances'to zoning ordinance regulations :The board;hears appeals regarding determinations of the Zoning Administrator, and considers action 'concerning non- conforming Library Board Consists of 7 members who meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks Arid Recreation Board A 7 member board which meets ttie4th Monday of every month acid advises the Council on acquisitions,:maintenance, operation and use of parks, playgrounds,acid open spaces;. Construction Code Board Consists of 7 members who meet on an"as needed" basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambulance Advisory Board Consists of 3 memberswho meet on an'as needed'.basis and advise Council on ambulance seances.. Planning and Zoning Commission A7 member board that meets the 1st and 3rd Monday of every month to review rezoning applications, subdivision plats and site plans, and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp Board Consists of 5 members who meet the third;Tuesday of each month and recommends to Council funding pnonties•to assist`new, prospective and existing businesses. CITY OF WYLIE Boards & Commission Application Please type or print ST EU� �EP�SK`? T� T• Full Name: Home Address: 31(� �� T 5 .� City, State,Zip: LtH L I E , T)C 75" Home Phone: 9?a. - `-f LID - LJ 3C.) STE. Business Address:l3(pOl pi@"e.croto rZt) 5 *W ;ity, State,Zip: Oft L.LAS } T)C , 75 C Work Phone:97a-39)-051.6Resident of Wylie for 3 Years Are you a qualified voter in the City of Wylie? YE5 Please indicate your first,second and thirdpreference forservice below ~a ;• Planning and Zoning Commission _. Zoning Board ofAdjustments Library Board Ambulance Advisory Board �, X Construction CodeBoard Parks& Recreati.• on Board _Wylie Economic Development.Corporation Board .. Please list any special skills or qualifications: f RE_S in E JT i A L CARTE NT6 K P O R I G i E.A Fc5 COt Mekcj _ CA-P,PF,vTEK FOR IC) MORE YEARS Why do you desire to serve on these boards? M`; C CiLS TRU CT(C tJ E X F E rQ t EtU C(E_ 4 To i-1 E L P -1' H E C l "i r OF UJ'`✓ 1_t E- Signature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North • Wylie,Texas 75098 8:00—Jamie Gregg—(already on CBAC) Choices are:(1) P&Z(2)Parks/Rec. (3)ZBOA Gayle Walton ,..• From: Jamie Gregg [greggjn@yahoo.com] Sent: Thursday, May 19, 2005 2:30 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Jamie Gregg DATE_OF APPLICATION - May 19, 2005 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMIT l'EE - Yes HOME_ADDRESS - 1102 Spring Tide Dr—HOME_PHONE - 214-474-0039 HOME FAX -HOME EMAIL - greggjn@yahoo.com RESIDENT YEARS - 4 CONTACT METHOD - Home Phone REGISTERED VOTER- Yes BUSINESS OWNER-No BUSINESS NAME - OCCUPATION - BUSINESS—ADDRESS - BUSINESS PHONE - BUSINESS FAX- BUSINESS EMAIL- WHY INTERESTED - When I moved to Wylie I decided to get involved with my neighborhood HOA, because I believe that it is important to serve the community in which you live. I feel it also important to serve the larger community of Wylie. To learn what the Boards and Commissions do I have attended Planning and Zoning meetings, and feel that by observing the goings on I have learned many things. I hope that I could add an additional point of view to the discussions, but also can come informed to the topics they are facing. Submit - Submit End of form information i 7:50—David James—Choices noted are: (1) Library Board (2) Parks/Rec. Board • Board 8 (om111iSSiuiiR 2005 Please return your completed application to the City Secretary's Office at i.000 Highway 78 North,Wylie,Texas isog8. Name: -)o 'J tot. Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board XLibrary Board Wylie Economic Development Corporation Board 0( Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed Personal Information n 1 Occupational Information Home Address: toe (� • /CLI 1]C TC ' Business Owner? ( Yes CD Telephone: 7 -4-3 cal -1�O�lo Fax: Business Name:l�"`( 1rdl.0 • C c.SY\ E-mail: a_1/Vm5 Q 0\0I ' C- Occupation: Iv^&rd I have been a Wylie Resident for I 'S years Business Address: 3 I I ry , C .y'ok Registered voter? No Telephone:4?a. " 9- Fax: '?d-4 a9 - 7 7'4 Y 4(.E)9 Have you ever or do you currently serve on any city boards? Yes If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) Ye it Please indicate briefly why you would like to be appointed to a Board or Commission: o.-HIV' o CMCt..v'✓* k 630 crz-L-k- '(�� 0( p GL�-� w h t u(),_1&--A-- k& iiDa.l-+ o 10.0( ►-� �1�- �e l o,� vL a w G.A./ $I.\.o -- f-s -i-t . I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. �-- a-1 / 65 ignature Date FOR.OFFICE USE ONLY Date Application Received New Applicant?DYes DNo If no,applicant previously served on Board Via:Owebsite©mail Din person❑referral Dnewspaper Attended Applicant's Reception?DYes ONo (dates) Applicant Interview Scheduled: Appointment made to Term Expires D Statement&Oath Completed DNo appointment made at this time,retain application for one year. 9:00—Vicki Wilson—Choices noted are: (1) Parks/Rec. Board only Board 8 Commission =° t. t n 200S Please return your completed application to the City Secretary's Office at20oo NighwaY 78 North,Wylie,Texas 1Sog8. Name: V L � s-1,3 Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board Wylie Economic Development Corporation Board / Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed. Personal Information W Occupational Information / i Home Address: J ' -f9.�01C' rLQ. Business Owner? ❑ Yes Cd"o Telephone: 9 7 a 315 Q Fax: Business Name:'c b 1 IAA E-mail: U LA) Z5 9'f( (6 rii,30 I'1,3 d•-01y0t Occupation:4::p I have been a Wylie Resident for years �/ Business Address:fQ e&I r1 Y Registered voter? P"Yes ❑No Telephone: Fax: Have you ever or do you currently serve on any city boards? E Yes 12"No If so, what board/city and dates? Are you involved in a y com�m�4initt activ'ies?(Civic or Hobbies) C 'es 0 No �Ft�'l.�L•CsL LLJ - 't�(01 i ((,�'�( J �J Please indicate briefly why you would like to be appointed to a Board or Commissiony, tc [AP _ye v.), 44, • vb. C-L.,-/x.)111,610 fQ - J� 1C t 0 I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. j.1)1/( Signature Date F: fltCE ;E ONLY Ante Application Received New ApOleare©Yes l dhTti Fttp, ►p scent prevxzdusly ed ern Board Via l]website l mats l lm p c r Clrefrrral CIlie--ivspa ' Attetcded Appkcnt's l ece1*.tt?I.Yes.3 .0 (dates) Appli ntervica*%Schedfi 1, Apppi ent de to lecttt'E ites rIState i« O t Competed. .t iNo redo attilta:ttme,ret1.V p licatcon far the Peen', Applications of those Interviewed/Considered On June 13, 2005 For Board and Commission Appointment 7:40—Anne Hiney Expiring term—Parks and Recreation Boards t4 Commission AppIica111 Spring 2000 Name .- 1:_ Please indicate your first, second and third preference below Planning Boazd and Zoning Commission ConstructEon Code; oning Board of Adjustment Parks&Recreation Board .' Library Board' Wylie Economic Development Corporation Board Ambulance Advisory Board Yes.:I would be interested in'serving on Subcommittees that rnay;beformed. Personal Information Occupational Information Home Address:' ,� �� ! �:- - i '•.,� Business Owner? 0 Yes 4ir-No Telephone: ; Business Name: Fax: E-mail: Ct ,, 1�„�0. '��;�, AD - Occupation:. ';„ ;..ai„.,,,I +W„ I have been a Wylie Resid for years ' Business Address: Registered voter? es 0 No Telephone: Fax: Please indicate briefly why you would like`to be appointed to a Board or Commission: , i f • I am aware of theMeirmg dates andtun�of tfre boa d/commission,I have applied and 'appointed,I agree to serve an th a$oard/Commission which I have app or would nseder jn alternate appointment to ecoxd or third service pr.cferenee f Af Signature Date OFFICE USE ONLY Dat5APplication Received 5/0/06,7 Attended May 2000 Applicant's Reception ❑ Applicant Interview scheduled: (Y160 11 - E 4c yti'.._, • ❑ Appointment made to: Term Expires: ❑ Statement&Oath Complete 0 No Appointment made at this time. Retain application until May 2001. Gayle Walton From: Kelli Bolton [kmb71268@yahoo.com] Sent: Thursday, June 02, 2005 3:54 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Kelli Bolton DATE OF APPLICATION - 06/02/2005 FIRST CHOICE - Library Board SECOND CHOICE - Planning and Zoning Commission THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME ADDRESS - 2909 jamestown dr HOME_PHONE - 972-461-2936 HOME FAX - 972-387-2822 HOME_EMAIL-- kmb71268@yahoo.com RESIDENT YEARS - 2 CONTACT METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - associate financial representative BUSINESS_ADDRESS - 12221 Merit Suite 1500, dallas, TX BUSINESS_PHONE - 972-663-7320 BUSINESS FAX - BUSINESS EMAIL - WHY INTERESTED - I could not serve last year due to scheduling but do not have that problem this year and would like to serve my community and the city that we are loving calling "home" and keeping it the type of community that we and others would want to continue to call home and that quality businesses will want to be established in. Submit - Submit End of form information 1 ui \< Aimee Nemer From: Website Sent: Wednesday, September 29, 2004 8:46 AM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name -benrty Jine Date_of_application - first_board - Parks and Recreation Board second_board - Planning and Zoning Commission third_board - Parks and Recreation Board subcommittees - No home_address - benny jones — OO bOafte.t ji home_phone - 972 461 2740 home_fax - 972 461 2741 HomeEmail - bennyjones2@yahoo.com resident_years - 1 how_contact - Home Phone reg_voter - Yes bus_owner - Yes bus_name - world of sound occupation - DJ bus_addy - same bus_phone - 214 796 5994 bus_fax - bus_email - why - I can bring experience and knowledge to the table after working in the field for 15 years Submit - Submit End of form information i Aimee Nemer From: Rodney M. McCoy[Website] Sent: Tuesday, May 18, 2004 11:17 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Rodney M. McCoy Date_of_application - 05-18-04 first_board - Library Board second_board - Planning and Zoning Commission third_board - Wyle Economic Develoment Corp. Board subcommittees - Yes home_address - 106 North Cottonbelt home_phone - 972-442-1802 home_fax - 972-442-1802 HomeEmail - colteer@comcast.net resident_years - 19 how_contact - Home Fax reg_voter - Yes bus_owner - No bus_name - occupation - Semi driver bus_addy - Box 948, Cibolo, Texas 78108 bus_phone - 972-670-3630 bus_fax - bus_email - why - To help guide Wylie thru the next few years of its growth. Submit - Submit End of form information io • Eric Brown 3110 Jacob Dr Wylie, TX 75098 972-890-4058 (cell) I have volunteered to join a board because I want to be able to help Wylie grow into the city that it can be and to also give back to this community. My first choice on the application was the Planning and Zoning Board, and I'm sure that this board has a lot of applicants as it's the board that helps plan the future of Wylie. I would be very pleased if I were to be appointed to this board, but would also be pleased to be appointed to any other board that the Appointment Committee members feel appropriate for me to serve on. My background as a technology/business executive and entrepreneur has given me a great skill set that I feel would help the City of Wylie tremendously in the coming years. I have the leadership skills, the business acumen and the people skills to make a difference in the community. My background: I have over 10 years of telecommunications and technology experience and have held positions in software development, technical support, international business unit management, project management,business development and technical consulting. I currently work for Silicon Valley Expert Witness Group (SVEWG) as Director of Engineering Technology. Prior to SVEWG, I started my own consulting firm, Sandy Creek Consulting Group and was responsible for day to day operations and service delivery. Prior to founding Sandy Creek Consulting Group, I served as Director of Professional Services at Marconi Wireless were I was responsible for service delivery and business development to top-tier wireless telecommunications carriers in the U.S. I have also held the position of Director of Customer Services - Americas for Marconi Wireless where I was responsible for managing technical support, implementation, training and project management for the company's software products in North and South America. In addition, I have held board-level positions in various non-profit organizations in the DFW and Oklahoma area. I hold a Bachelor of Science degree in Engineering Physics from Southwestern Oklahoma State University, a Master of Science degree in Electrical Engineering from Oklahoma State University and I am currently pursuing an MBA from the University of Texas at Dallas. J y 1 �l ( } f .Talton ' From: Eric D Brown [ericbrown97@yahoo.com] Sent: Thursday, May 19, 2005 2:52 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Eric D Brown DATE_OF APPLICATION - 05/19/05 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Construction Code Board THIRD_CHOICE- Zoning Board of Adjustment SUBCOMMITTEE- Yes HOME_ADDRESS - 3110 Jacob Dr HOME PHONE - 972-461-9659 HOME FAX- HOME EMAIL- ericbrown97@yahoo.com RESIDENT YEARS - 1 CONTACT_METHOD - Home Phone REGISTERED VOTER- Yes BUSINESS OWNER-No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS__PHONE -BUSINESS FAX-BUSINESS_EMAIL - WHY_INTERESTED - I would like to volunteer my time to the city of Wylie to help this town grow and develop in a way that allows the town to retain the small town charm that it has always had. NOTE: I have previously submitted an application, but didn't select the correct boards that I was interested in. Submit- Submit End of form information i • Board 8 (ommhioa Application ZOOS Please return your completed*gin atioa to the City Secretary's Nu at moo Hthrtay 78 Korth,Wylie,Texas Boit Name. ir n tik C�iA )I S y Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board _Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed Personal Information /��. Occupational Information Home Address:C;(1} C(J t.�f Business Owner9 nn uC YesQ iXNo L Telephone: J 14'7�( 52) ( Faa4' Li 1- 9.C$Ht Business Name e t C2i( I�1t'j� �tS fS E-mai tin Ct lf1 tS Q L O� 7 Occupation ta I for J I have been a Wylie Resident for 15 ears Business Address:I tit.) I(-7fb(� Registered voter? Yes DNo Telephone . Fax:j /�- ` £/42C aq7 Have you ever or do you currently serve on any city boards? ❑ Yes El o If so,what board/city and dates? A you inv ed in any community activ ?(Civic or Ho b-es) J Yes 0 No Ple e indicate brie y why you would like to be appointed to a.Boa d or.Commission: i IYt wi VC)/ / " ' 'S nCteP 8204 afrn e,u/ I am aware of the meeting dates and aim,3,f the ;+aril/commission I have applied and if appointed, ree to serve on the Board/Commission which I have applied,or ou cans e _•ointment to a second or third service preference. re Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board Via:°website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?°Yes ON* (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. .•a ...�..� ... e1Is,kuI1011e1 •,,s,t,nl (Inn.In nn nl I(RIAI f� + _. „„ _, , Board 8 Commission AApplication : , / Spring zoov Please return your completed application to the City Secretary's Office at moo Highway 78 North,Wylie,Texas 7Sog8. Name: JV€ \ ('I. rip t \1 Please indicate your first, second and thirdrd preference below. Construction Code Board \ Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: (')C8 ( CP\\-NNM — YJ Le,rJ Business Owner? ElYes ❑ No Telephone:_Cl7 Z'`H 2-co(o(n Fax: Business Name: E-mail: noel ,`4C•,-,0„;, e .. vex,t--C J ,Oe 1 Occupation: I have been a Wylie Resident for C years Business Address: Registered voter? 'L ❑No Telephone: Fax: Have you ever or do you currently serve on any city boards? D. Yes T4 If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes Ii"1Vo Please indicate briefly why you would like to be appointed to a Board or Commission: 11'1`1 c Pw`1,l,( Ko �-1- 1r-p,•/e \.J e ,y Lo 1 t, e �,- S y C f\C s Li e ( ,-- t..+k. CLLv LOtinMccNt17 . I am aware of the meeting dates and times of the board/commission Ike applied and if appointed,I agree to serve on the Board/Commission which I have applie co suter'an altern ,appoin to cond or third service preference. r ��--- > a Date FOR OFFICE USE ONLY Date Application Received New Applicant?DYes❑No If no,applicant previously served on Board . Via:❑website Omail Din person Dreferral❑newspaper Attended Applicant's Reception?DYes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. ��r _ Gayle Walton - " From: Harold G. Bolton [pkguy323@yahoo.com] Sent: Friday, May 20, 2005 2:25 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Harold G. Bolton DATE_OF_APPLICATION - 5/20/2005 FIRST CHOICE - Library Board SECOND CHOICE - Planning and Zoning Commission THIRD CHOICE -Zoning Board of Adjustment D SUBCOMMITTEE -No HOME_ADDRESS - 2909 Jamestown rive HOME PHONE - 972.979.5102 HOME FAX - HOME EMAIL - pkguy323@yahoo.com RESIDENT_YEARS - 2 CONTACT METHOD - Home Email REGISTERED VOTER- Yes BUSINESS OWNER-No BUSINESS NAME - OCCUPATION -BUSINESS ADDRESS - BUSINESS PHONE - BUSIN_ ESS_FAX -BUSINESS EMAIL - WHY INTERESTED - I want to become involved in the future-purpose plans of Wylie with my desire to be a representation of the residents of Wylie. Submit - Submit End of form information i Gayle Walton From: Matthew Alan Kirk[mkirk@gra-ce.net] Sent: Friday, May 13, 2005 3:00 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Matthew Alan Kirk DATE_OF APPLICATION - 13 May 2005 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE- Zoning Board of Adjustment THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 710 Claiborn Lane HOME PHONE-214-876-7902 HOME FAX-972-864-2334 HOME EMAIL - mkirk@gra-ce.net RESIDENT_YEARS -2 CONTACT METHOD -Home Phone REGISTERED_VOTER- Yes BUSINESS OWNER-No BUSINESS_NAME - Grantham&Associates, Inc. OCCUPATION -Registered Professional Land Surveyor BUSINESS_ADDRESS - 1919 South Shiloh Road BUSINESS PHONE - 972-864-2333 BUSINESS FAX- 972-864-2334 BUSINESS EMAIL - mkirk@gra- ce.net WHY__INTERESTED -I would like to participate in Wylie's growth process by helping to insure that it grows at a sensible, realistic rate. Submit- Submit End of form information i .... ✓ IL. 1716- Gayle Walton From: Scott Henry[bmh901@verizon.net] Sent: Saturday, May 28, 2005 7:44 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Scott Henry DATE_OF_APPLICATION - 05-28-2005 FIRST_CHOICE - Construction Code Board SECOND_CHOICE - Planning and Zoning Commission THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - No HOME ADDRESS - 616 Odenville Drive Wylie, Tx 75098 HOME PHONE - 972-989-7466 HOME_FAX-- HOME_EMAIL - bmh901@verizon.net RESIDENT_YEARS - 1 CONTACT_METHOD - Business Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS_FAX --BUSINESS_EMAIL - WHY_INTERESTED - I would like to become involved in city government to help my community, to become more involved in my community. Submit - Submit End of form information 1 (\", m arm. L' u I " , ,,, , :,: .,,,,,,, Board 8 Commission Application ,, ,,,:, 4 ,� 2005 Please return your completed application to the City Secretary's Office at�000 Highway�8 North,Wylie,Texas)Sog8. Name: C I-A b ,_tom-� ,'� Please indicate your first, second and third preference below. Construction Code Board 1 Planning&Zoning Board Library Board a Wylie Economic Development Corporation Board Parks&Recreation Board 3 Zoning Board of Adjustments Animal Shelter Advisory Board . Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information f Home Address: .', 1G .-1-f"1�f+aie- LT- Business Owner? ❑ Yes I�''No Telephone: it i t-{ lc& ?-7-t)9- Fax: Business Name: j r2. ,i s'►O j f}e"� E-mail: 0...-1-4 f}6 f} SC a-0 A A) c1 f 4 1♦J� Cevv i Occupation: c,t5 r 6ln S A-11 ryl AAd;572I3 7C,L I have been a Wylie Resident for �1'v" ,.'G years Business Address: .56'00 & GG y S' JJ''�' Registered voter? LW es No Telephone:c/�.3-731 cf7C3Fax: Have you ever or do you currently serve on any city boards? ❑ Yes /o If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) E'Yes ❑ No An,, ,Art 1 to✓1_ (,),,(I i t OAT,r c«o M --rtin')s-r (',44-1).2,r1 • Please indicate briefly why you would like to be appointed to a Board or Commission: ..1-- 07 e.. 1 i�J % Ir Pl-z" T1t t. �)7 C-v�:c, t h Q,;,i, -7,a< J(2-7 ,Afc,- ) '' 2c-s,Di-,,,,,,r �,% NLi Ls1;2( r 1jr n � y � �.J'r �5 AA/�-s/I l7-:yj 0� ."%T S i 4.) ,-Co ►E y, 1.4 -0(-)(--- "1Ael—CO'Z.C. (-✓&>.>JTH . I am aware of the meeting dates and times of the board/ m ission have applied and if appointed,I agree to serve on the Board/Commission which I have applied,o d s er alternate appointment to a second or third service preference. / s/t/6 Signature Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board . Via: ❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception? ❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed DNo appointment made at this time,retain application for one year. i "- Gayle Walton From: Dave Tillery[dave.tillery@gmail.com] Sent: Monday, May 09, 2005 4:15 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Dave Tillery DATE_OF_APPLICATION - 05/09/05 FIRSTCHOICE- Parks and Recreation Board SECOND_CHOICE - Zoning Board of Adjustment THIRD__CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 204 Towngate Dr. HOME PHONE - 972.429.0027 HOME FAX -no HOME EMAIL - dave.tillery@gmail.com RESIDENT_YEARS - 1 CONTACT METHOD - Home Email REGISTERED_VOTER- Yes BUSINESS_OWNER-No BUSINESS_NAME - OCCUPATION -Application Developer/ Systems Analyst BUSINESS_ADDRESS - BUSINESS PHONE - 214.239.3100 x8845 BUSINESS_FAX- BUSINESS_EMAIL - WHY INTERESTED - I would like to be appointed to a board or commission so that I may do my part in actively serving the community in which I live. I want to help make a difference in any way that I can be involved. I would like to learn more about the process flow and inner workings of the city government so that I may become more knowledgable about all levels involved and enable me to become actively involved in more complicated matters in the future if I desire or am called upon to do so. I plan to call Wylie my home for at least the next 20 years,and by being actively involved I feel I can make a difference and help contribute to this beautiful city for many years. I want to do what I can to continue to make Wylie a place I am proud to call home,and a place my children can be proud to call home. I envision this as being just the beginning of my contribution to the City of Wylie. Thanks. Submit- Submit End of form information 1 Gayle Walton From: Lyman Ames [scottlyri@aol.corn] Sent: Thursday, May 12, 2005 11:39 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Lymari Ames DATE OF APPLICATION - 5-12-05 FIRST CHOICE - Parks and Recreation Board SECOND CHOICE - Wyle Economic Develoment Corp. Board—THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 1900 Three Fountains Drive HOME PHONE - 972-442-0858 HOME FAX - HOME_EMAIL - scottlyri@aol.com RESIDENT_YEARS - 7 CONTACT—METHOD - Home Phone REGISTERED VOTER-- Yes BUSINESS OWNER - No BUSINESS—NAME - OCCUPATION-- BUSINESS ADDRESS - BUSINESS_PHONE - BUSINESS _ _FAX - BUSINESS_EMAIL - WHY_INTERESTED - Wylie is a great place to live and raise a family. The backbone of Wylie Parks is our neighborhood parks, which help provide the "sense of place" for all. It is where families connect in very profound way with our friends, neighbors, family, environment, and ourselves to celebrate, learn, communicate, contemplate, play or console - it is our shared space and our public home. Achieving great parks and quality services is a challenge that we must strive to meet if this city we all love is to continue as a quality place to live. The benefits of parks and recreation are endless, Serving on the park or working as a member of a park planning committee for a new development would be an honor. The city of Wylie's master plan ensures all residents and businesses have access to the most advanced technology while maintaining the small town atmosphere. The challenges to balance the "small town atmosphere" with the booming communities around us, is somthing I strive for. Submit - Submit End of form information • Applications of those Interviewed/Considered On June 16, 2005 For Board and Commission Appointment City of Wylie Board & Commission Member Profile Personal Information z/311 4 1 C Name: d(CiCil) /frCi4--- Board/Commission: 7.0/0 ( )c Address: / 1-7-0 ciii, I(04) ( 611,1 Work/Business: rERR ED Home Phone: q 7 2 —2gi7 Work Phone: iV 0 /0 &— Mobile/Pager: q 1--J57, Email Address: Best way to contact you: ( {OtA 0 Spouses name: ka Board/Commission History z Current Term Appointment Date: J LILY ;AC Term Expires: J if - c)62-5- City of Wylie Board & Commission Member Profile Personal Information . : F"LAN,'11N(Name: YN S Board/Comm�ssion. �t � gfiuyAi1X Address: A/. 3A(ZOt'I AV . Work/Business:s: /5O2 f'V �1 R2y. Q� !Y Home Ph one: /7.1-. 1/41Z'622s Work Phone: 9 Z. `f-/2 745.3 � / ll� 1 y Mobile/Pager: /'/"0Z?/ ' !026 I Email Address: Th s 1 /1�l4 rdil s Qyi hôô. ?Dn'? g Best way to contact you: work or cell It Spouses Name: IOLIN Board/Commission History Current Term Appointment Date: /V Di. 02O 6 3 Term Expires: ,2665. Is this your first time to serve on a City of Wylie Board/Commission? Yes [ ] No t<I If no please list the previous Boards/Commissions and dates served: LiiA// &r�MKD � v "-N..... Board & Commiss ion Application Spring 2003 Please return your completed application to the City Secretary's Office at 2000 Highway 78 North, Wylie, Texas 75098. Name: ///` 6._ I'/a, 17 Sy/3 n T2-/ Please indicate your first, second and third preference below. Construction Code Board 2 Planning&Zoning Board Library Board / Wylie Economic Development Corporation Board Parks & Recreation Board 3 Zoning Board of Adjustments fd'Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 2 72 2 G4). F41 S¢* Telephone: 97L-Sag-S-333 Fax: gn- t0/- z oiz E-mail: /2EA P 721- i✓ ,e . G'a.r1 I have been a Wylie Resident for /Z years Registered voter? ( Yes ❑ No Occupational Information Business Owner? 0 Yes ❑ No Business Name: i)14t4.4i /Ylatimmi d Yrc-..t,Z,vc. Occupation: /46,i /4, a SrA . Business Address: Po. a DIG 2 4 7 I% 7s'o4 Telephone:cl7z- Sol. S333 Fax: 47z- 8r(-Z.BiZ Have you ever or do you currently serve on any city boards? ❑ Yes ,1 No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) CY Yes U No A)y2, 6 e / / C C, L,�,s24 r .R�b�, Vm. Please indicate briefly why you would like to be appointed to a Board or Commission: ..T Cle4 Wes. /r101:1;) - �,✓JS igiete, 41e,'4, 7-4,F,✓ - o eli i v.- be)1 S OIL T 77.h s . I am aware of the meeting dates and times of the board/commission I have applied and if (.0l5 appointed, I agree to serve on the Board/Commission which I have applied, or would con- "i,To cider an alternate pointm nta second or third service preference. %4 OS-Z6- D3 1 Signature Date Board and Commission Information & Application Zoning Board of Adjustments Consists of 5 members and 2 alternates who meet on an"as needed" basis to consider applications for variances to zoning ordinance regulations. The board hears appeals regarding determinations of the Zoning Administrator, and considers action concerning non- conforming uses. Library Board Consists of 7 members who meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks and Recreation Board A 7 member board which meets the 4th Monday of every month and advises the Council on acquisitions, maintenance, operation and use of parks, playgrounds, and open spaces. Construction Code Board Consists of 7 members who meet on an"as needed"basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambulance Advisory Board Consists of 3 members who meet on an"as needed"basis and advise Council on ambulance services. Planning and Zoning Commission A 7 member board that meets the 1st and 3rd Tuesday of every month to review rezoning applications,subdivision plats and site plans, and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp. Board Consists of 5 members who meet the third Tuesday of each month and recommends to Council funding priorities to assist new, prospective and existing businesses. CITY OF WYLIE Boards & Commission Application Please type or print Full Name: FRANK, lweri6 SC o Ago Home Address: o v c ,�cC (�1' !i'l < Mailing Address/Suite No. City i tate zip Home Phone: 72-) 1{(11.4.`7OCt Business Name: f/i 4 P ) aac 1i2rc:. D1( Business Address Po, x 7Y 3°i i)oJic' /.3( —7 S , Mailing Address/Suite No. City State zip Business Phone:14 71) 14 7—I O d i I have been a resident of the City of Wylie for , years. Are you a qualified voter of the City of Wylie: l (es No Please indicate your first,second and third preference for service below. _Planning and Zoning Commission _Zoning Board of Adjustments _Library Board _Ambulance Advisory Board construction Code Board _Parks&Recreation Board _Wylie Economic Development Corporation Board I , Please list any special skills orr qualifications: /..t)o Kzc i n "t't\{ CO3a5r✓L-.-h4)^ ✓S r j � ,Z.Z{ �S*_ __{et-irf ;it ��'tc.' t`�^1 �!+S'�f'�`-t-y%"i (A A�t 4- GV�( fl rJ 4" J er Eie�fif zi`.�1 1 c{ 1!"' S"Hr �� ,r vt�en •Li s1 1 e�+tcK! /—c%'ert , vv y do you desire to serve on these boards? �� / • r —C ' tQ —!-A.si-r.CThf -4'QF N,.,f t 1aLQ.. CO i1_.y:1 ' 'J 1 •-,L ha✓<*: v u i ;e.� 14, Signature p7 Date �cll'�ui -0 A ire �nUc�red .ly r '�✓�is r,� n+t' 3 Please return completed applicationto: " . ^- eCity-1 Secretary's Office• .2000f Hwy.78 North • Wylie,Texas 75098 JUNAID NAJAMUDDIN 212 Palmdale Drive jnajamuddin@yahoo.com Wylie, TX. 75098 (214) 207-8535 (Dallas Metro) Overview Deliver value by implementing technology solutions to increase operational efficiency and productivity for businesses and clients. Demonstrated this theme through leadership roles in applications, networks, systems, and project management domains. Over six years experience of application administration and development of full-life cycle aspects of client/server technology. Called upon by companies and clients to resolve matters of technical complexity through initiative, creativity, and judgment. Handled development and integration of multi-vendor technologies. Engaged with multiple stakeholders to drive to a solution. Successfully launched 2-3 million initiatives in various environments. Career Summary Organization Role Dates XO Communications, Plano Sr. System 2001-Present Network Services Group Analyst Milestone Consultants Inc, Plano Project Manager 2000 -2001 Siebel Integration and Implementation Group IT Solutions Inc, Houston Programmer 1998 -2000 IT Operations Analyst Result Highlights • Demonstrated self-motivated results driven leadership skills to visualize and conceptualize ideas into realistic environments with capacity to train, mentor, and motivate cross-functional teams. • Instrumental in exploring synergies while integrating legacy multi platform applications during merger of XO Communications and Allegiance Telecom adding value to business bottom line. • Implemented Citrix farm solution for TBS. Resulted in increased productivity, reliability, support effectiveness and IT operation cost reduction of$ 3 million. • Delivered on full development life cycle of web-based product validation system. Cut cost by 2 million and eliminated external supplier dependencies. • Streamlined application resource management and scheduling. Surpassed SLA's by 90%. • Pro-actively designed, developed and implemented monitoring tools under UNIX and Windows platforms. Surpassed SLA by 99%. • Configured and Deployed MetaSolv Silver Stream application servers in a Windows clustered environment for high availability, load balancing and fail-over support. • Led implementation of Siebel standard based integration and TBS (MetaSolv Telecom Business Solution Application) process flows resulting in increased productivity and reliability. • 24/7 application administration of high-availability business-critical systems support for TBS, INSite, GIS, SA, XTools, NETSite, Siebel. Resulted in high productivity with decreased down time. • Developed a multiple address user interface (MAUI) system and conducted a smooth switchover by effectively utilizing resource management and tools such as Microsoft Project and Visio. Education MBA (Candidate) -Operations and Information Management. • University of Texas, Dallas - 2006 BS Information Systems, Cum Laude. • Florida Metropolitan University, Orlando-1998 Experience & Results Sr. System Analyst—XO Communications Inc. - Plano (2001 — Present) Delivered project management, systems analysis, and quality management responsibilities in full- cycle stages of MetaSolv TBS/Siebel applications and other systems/network initiatives. Lead teams of 2-5 people. Projects involved 15-20 people with an annual budget of$4 million. • Led a team of 5 engineers for testing, analysis and control of major application administration projects. Handled significant level of complexity through creativity, independent judgment, and initiative. • Demonstrated superior written and presentation skills through analyzing and documenting systems integration interfaces utilizing essential business tools. • Manage close relationships with business units including sales, marketing, provisioning, data entry, customer care and other integrated systems for business application enhancements. • Led projects for driving end-user and operational efficiencies across the Care and Repair organizations through system and technology releases. • Conducted in-depth analysis of issues with recommendations and resolutions in the key areas of implementation and administration of TBS, GIS, Service Availability, INSite, and XTools that translated into increased productivity. • Designed, developed and implemented various pro-active cross-platform monitoring tools for TBS, Siebel, INSite and other applications. Improved profitability for the business. • Consultant to strategic partners on service issues. Resulted in improved functionality for business users including increased Remedy ticket issue resolutions. • Diagnose, troubleshoot and resolve cross-platform application issues, specializing in conflict diagnosis and application integration. • Managed deliverables from two vendors for system's operational maintenance. Organized to achieve milestones to ensure availability and performance of system applications to business. • Led a team of engineers for the input and design of effective testing strategies and plans including evaluation requirements for testability. Developed and maintained test plans for regression and integration testing while worked very closely with the developers on defect resolution. • Mentor team members in debugging, code and design reviews. • Led quality testing, deployment and validation of application upgrades and efixes for TBS, INSite including post deployment trouble shooting of critical application defects and performance degradation. • Streamlined process for critical issue resolution. Decreased application outages. Exceeded service level agreements by 90%. • Participated in requirements sessions. Reviewed design and functionality. Environment MetaSolv Solutions TBS 5.2.12, Siebel -7 enterprise e-business CRM , Windows Server 2000, 2003, Windows XP, Oracle 9i, Vitria, Remedy, Microsoft SQL server 6.5/7.0, UNIX, Sun Solaris 5.8. Saville. Project Manager-- Milestone Consultants Inc.— Plano(2000—2001) Project management responsibilities in Siebel development, integration and implementation for clients. Lead teams of 11-15 people in enterprise wide program of 30-40 members with a program annual budget of$7 million. • Launched nationwide implementation of Siebel CRM. Extending application resources to 300 users at 10 sites, utilizing Sun and NT servers with multiple operating systems. • Led the conversion to upgraded version of Siebel Enterprise Application from 99.2 to 99.6. • Served as technical consultant to troubleshoot, configure and setup Siebel system for training. • Provided expert support in US market area related to Siebel fat and thin client. • Accomplished higher customer satisfaction metrics for customers including customer care and provisioning that resulted in 15% sales increase. Programmer Analyst- IT Solutions Inc. Houston (1998—2000) Established and met IT support objectives. Identified and ensured adequate and appropriate resources are assigned to the business to achieve company's goals while meeting customer's needs. • Supported operations of over 230 NT clients and Unison Davox, UNIX based predictive dialer system running on Sun Solaris platform. • Ensured availability, reliability and performance of server operations using Resource and Performance Manager. • Implemented complex business rules to update databases and generate reports. Developed, stored procedures, packages and program modules using SQL, Visual Basic 6.0, C, C++ and Access. • Assisted in database development and expansion as well as developed test data sets for testing and debugging. • Developed, configured, implemented, file structures, transfer methods and detailed operation of a predictive dialer, including design and architecture of the hardware. • Developed a universal database of ethnic and language affiliations with their corresponding geographical areas to internationalize the output. • Executed statistical procedures, complex data manipulations, detailed analysis, and processing, for generating yearly executive reports. Environment Unison Davox (predictive dialer), Sun Solaris Sparc Servers, Microsoft SQL Server 6.5/7.0, Visual Basic 6.0, Microsoft Access 2000, SPSS 8.0, and Windows NT4.0, SP 5. Awards & Credentials • XO Outstanding Development and Support Award (2005). • XO Communication eXtreme Achiever Award (2003). • XO Star Performance Award (2002). • XO Teamwork Award (2002) • Certification in TBS MetaSolv Solution 5.2.12 • University President Honor Roll Awards for 1996, 1997 and 1998. • University Dean Honor Roll Awards for 1998. • Academic Achievement Awards for 1994 and 1995. Aimee Nemer From: junaid najamuddin [Website] Sent: Friday, May 07, 2004 4:37 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: , ;ro'�` 'cA" name -junaid najamuddin at Date_of_application - May 7, 2004 CI 19d Z first_board - Wyle Economic Deyel'oment Corp. Board a >� second_board - Planning oning Commission �) third_board - Constru9n Code Board subcommittees - Yes home_address - 212 Palmdale Drive home_phone - 972-442-9733 home_fax - HomeEmail -jnajamuddin@yahoo.com resident_years - 1 how_contact - Business Phone reg_voter - No bus_owner - No bus_name - occupation - Sr. System Analyst bus_addy - 2700 Summit Avenue bus_phone - 214-207-8535 bus_fax - bus_email -jnajamuddin@yahoo.com why - First of all, I love Wylie City and have a great desire to serve my share of civic duties. I forsee Wylie emerging as an outstanding city in the days to come. Secondly, interested in representing my community. Being bilingual I will add value to any board or commission. Possess excellent analytical, project management, problem solving & communication skills with ability to work independently or in a team. Submit - Submit End of form information 25 Gayle Walton tk From: Sandra Andrews[skwilliams@verizon.net] Sent: Thursday, May 26, 2005 7:00 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Sandra Andrews DATE_OF APPLICATION - May 25, 2005 FIRSTCHOICE - Library Board SECOND CHOICE -Wyle Economic Develoment Corp. Board THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME_ADDRESS - 1418 Eastedge Dr HOME_PHONE - 972-941-8895 HOME FAX- HOME EMAIL - skwilliams@verizon.net RESIDENT_YEARS - 1 CONTACT METHOD - Home Email REGISTERED_VOTER- Yes BUSINESS OWNER-No BUSINESS NAME - OCCUPATION - Teacher BUSINESS_ADDRESS -BUSINESS PHONE - BUSINESS FAX-BUSINESS EMAIL- WHY_INTERESTED -I believe that, for a city to thrive, citizens must be involved. I just recently moved to Wylie and bought my first home. I am very excited to become involved in my new city's government and in other community activities. With an educational background in government and library science, I believe I would be an asset to any Board or Commission I am chosen for, and I am excited about the opportunity. Submit- Submit End of form information i Gayle Walton From: cehrlich [cehrlich@ci.wylie.tx.us] Sent: Monday, January 10, 2005 4:28 PM To: 'Gayle Walton' Subject: FW: Boards and Commissions Volunteer Gayle, Here is another B & C app for this coming year for your file. Carole Ehrlich,TRMC,CMC City Secretary City of Wylie Fax (972) 442-8106 Office (972) 442-8103 cehrlich@ci.wylie.tx.us Original Message From: Angelika Osbon [mailto:Website] Sent: Monday, January 10, 2005 4 :22 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Angelika Osbon Date_of_application - January 10, 2005 first board - Planning and Zoning Commission second board - Parks and Recreation Board third_board - Zoning Board of Adjustment subcommittees - Yes home_address - 3505 Nandina Dr. home_phone - 214-474-0207 home fax - HomeEmail - imhere1962@hotmail.com resident years - 3 how_contact - Home Email reg_voter - Yes bus_owner - No bus name - occupation - Mechanical Designer bus_addy - 2101 Couch Drive, McKinney, TX bus_phone - 972-547-1201 x2401 bus_fax - bus_email - angelika.osbon@kone.com why - I'm interested in my community and would like to make it better for everyone to live and prosper in Wylie. Submit - Submit End of form information 1 Aimee Nemer From: Dan Taylor[Website] Sent: Sunday, May 23, 2004 12:04 AM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Dan Taylor Date_of_application - 5/23/04 first_board - Construction Code Board second_board - Parks and Recreation Board third_board - Planning and Zoning Commission subcommittees - Yes home_address - 206 N. Rustic Tr. home_phone - 972-442-6680 home_fax - 972-899-2156 HomeEmail - dtaylortsi@comcast.net resident_years - 22 how_contact - Business Email reg_voter - Yes bus_owner - Yes bus_name - Tangential Services Inc. occupation - Multi-family reconstruction & rehab bus_addy - 1013 Long Prairie Rd., Suite # 104 bus_phone - 972-899-2137 bus_fax - 972-899-2156 bus_email - dtaylortsi@comcast.net why - I have been a resident in Wylie for approximately 22 years. I would like to have and input on what happens in the community and help support our local officials. Wylie is one of the fastest growing communities in Texas, and I would like to do my part to keep the type of construction we are doing at more than acceptable level. Our standards need to be raised and the builders here need to be held accountable to insure the safety of Wylie's future residents. Submit - Submit End of form information 5 Gayle Walton From: Jordan Rubright[therube2@verizon.net] Sent: Wednesday, March 23, 2005 4:58 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Jordan Rubright DATE OF_APPLICATION - 3-22-05 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME_ADDRESS - 2710 Kernville Drive, Wylie, TX 75098 HOME PHONE - 972-941-6858 HOME FAX - HOME_EMAIL - therube2@verizon.net RESIDENT YEARS - 2 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - Telecommunications BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - I have been living in Wylie for the last two years, and plan on watching my family grow up here. I also volunteer as a football coach for the Wylie football league. Being a part of the community of Wylie is very important to me, and I want to be a part of the team that will bring positive change to Wylie, while keeping the home town feel to our community. Submit - Submit End of form information [This E-mail scanned for viruses by Declude Virus] 1 Gayle Walton From: Carole Ehrlich [cehrlich@ci.wylie.tx.us) Sent: Monday, January 17, 2005 9:43 AM To: gwalton@ci.wylie.tx.us Subject: FW: Boards and Commissions Volunteer Gayle, Another app. For 2005 ce Original Message From: Craig Ferguson [mailto:Website] Sent: Sunday, January 16, 2005 2:54 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Craig Ferguson Date_of_application - 1/17/05 first_board - Parks and Recreation Board second_board - Animal Shelter Advisory Board third board - Library Board subcommittees - Yes home address - 2708 Deerborn home_phone - 972-429-1358 home_fax - HomeEmail - craigferguson@joimail.net resident_years - 2 how_contact - Home Phone reg_voter - Yes bus owner - No bus_name - occupation - bus_addy - bus phone - bus_fax - bus_email - why - Submit - Submit End of form information 1 Aimee Nemer From: Katherine Bianchi[Website] Sent: Thursday,March 25, 2004 5:01 PM To: City of Wylie Subject: Boards and Commissions Volunteer Follow Up Flag: Follow up Due By: Monday, March 29, 2004 12:00 AM Flag Status: Completed Form Information Follows: name - Katherine Bianchi Date_of_application - March 25, 2004 first_board - Planning and Zoning Commission second_board - Library Board third_board - Wyle Economic Develoment Corp. Board subcommittees - Yes home_address - 3400 Hibiscus Drive home_phone - 972-386-5611 home_fax - 972-386-5620 HomeEmail - katherine@actionm.com resident_years - 2 how_contact - Business Phone reg_voter - Yes bus_owner - No bus_name - occupation - bus_addy - bus_phone - bus_fax - bus_email - why - I want to be involved in the growth of Wylie. My husband and I have made this town our last home. Submit - Submit End of form information 37 CITY OF WYLIE Item No. 5. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 06-28-05 Originating Department: Police Prepared By: Jeff Butters Account Code No. #: Date Prepared: 06-01-05 Budgeted Amount: Exhibits: Special Events Ordinance AGENDA SUBJECT:Consider and act upon an Ordinance establishing Rules and Regulations for Special Events; Providing for a Permit Fee; Providing for the Issuance and Revocation of Permits; Providing for a Penalty for the Violation of this Ordinance; RECOMMENDED ACTION:Approve the proposed Special Events Ordinance SUMMARY: Currently the City of Wylie does not have an ordinance to define and regulate special events. When confronted with special events in the past staff has relied on the street closure ordinance. The street closure ordinance was designed for block parties and does not address many issues involved with special events. The proposed special events ordinance address's the following issues, • Defines special events. • Requires a permit for special events. • Defines an application process for a special events permit. • Sets a filing period for a special events permit. • Establishes the contents of a permit application. • Establishes standards for issuance or denial of a special events permit. • Establishes grounds for revocation of a permit. • Establishes an appeal process in the cases of denial or revocation of a permit. • Defines parking requirements. • Requires a notice to abutting property owners. • Regulates hours of operation. • Regulates the use of tents or temporary structures. • Addresses the issues of food service, sanitary facilities, animal waste, water usage and disposal of wastewater, • Regulates the use of loud speakers. APPROVED BY: Initial Date Department Director: JB \ 6/2/05 City Manager: MBIQ \ 6A8/cam' 1 AGENDA SUBJECT:Consider and act upon an Ordinance establishing Rules and Regulations for Special Events; Providing for a Permit Fee; Providing for the Issuance and Revocation of Permits; Providing for a Penalty for the Violation of this Ordinance; SUMMARY: (Continued) • Establishes City authority to require ambulance and/or security. The proposed ordinance was drafted by Richard Abernathy's office following an extensive review of special events ordinances and procedures from neighboring cities. 2 ORDINANCE NO. 2005-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS; PROVIDING FOR A PERMIT FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PERMITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to regulate special events as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. A. Applicant as used herein means a person who has filed a written application for a special event permit. B. Building Official as used herein means Wylie's Building Official. C. City as used herein means the City of Wylie, Texas D. Permittee as used herein means the person to whom a permit is granted pursuant to this article. E. Person as used herein means any individual, assumed named entity, partnership, association, corporation, or organization. F. Police Department as used herein means Wylie's Police Department. G. Sidewalk as used herein means that portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. H. Special Event as used herein means an occurrence which takes place on a periodic or special occasion wholly or partially on the city rights-of-way or which may cause an Ordinance No.2005-27 Rules and Regulations for Special Events interruption of regular activities of the citizens or may require the special attention and involvement of city personnel or facilities. Examples of such activities are firework displays, carnivals, runs, and events not wholly contained on city park or building sites, or Wylie Independent School District property. Street as used herein means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic. SECTION 3: SPECIAL EVENTS. A. Application of Ordinance; Exemptions. 1. All Special Events, except those set forth in §3(A) (2) below, must conform with this Ordinance. 2. The following events are exempt from this Ordinance: (a) Events which require the approval or sanctioning of, or are officially sponsored by, the City or the Wylie Independent School District ("WISD") shall be exempt from obtaining a Special Event permit provided: (i) the event, including adequate parking, is wholly contained on City park or building sites or WISD property; (ii) the impact on traffic and surrounding neighborhoods was evaluated and found insignificant by the Police Department before approval for the event was granted by the City or WISD; and (iii) the event conforms to the other general criteria of this Ordinance. (b) Private parties to which the public is not invited. (c) An event wholly contained on property specifically designed or suited for said event and which holds a certificate of occupancy for such use including adequate parking. (d) Block parties as described in §102-2, Wylie's Code of Ordinances, as amended. (e) Funeral processions. (f) Parades. Ordinance No.2005-27 Rules and Regulations for Special Events 3. If a Special Event includes some type of activity and/or conduct which, according to City ordinance and/or federal, state or local law, requires an additional permit, such additional permit must be applied for and received separately and apart from the application for the Special Event permit. Separate permits will not be required for tents, awnings, canopies, loudspeakers or temporary signs in conjunction with the event. In any event, temporary permits for food service shall be obtained by each vendor. B. Special Event Permit. 1. Required Fee. It shall be unlawful for any person to conduct a Special Event without first obtaining a permit from the City's Building Official and paying the prescribed fee. The fee for issuance of such permit is fifty dollars ($50.00). 2. Application for Permit. (a) A person seeking a Special Event permit shall file an application with the Building Official upon forms provided by the City. (b) The Building Official shall ensure that other licenses, permits, restrictions, regulations, fees for City services, safeguards and/or other conditions deemed necessary by individual City departments for the safe and orderly conduct of a Special Event be requested, submitted and approved before the permit is granted, including, but not limited to, health permit applications, agreement, if any, with the Police Department for police coverage, and agreement, if any, with the Public Services Department regarding costs associated with street closures. 3. Filing Period. (a) Applications for a Special Event permit must be filed no less than thirty(30)days before the Special Event is to begin. (b) Late applications, in the sole discretion of the Building Official, where good cause is shown and subject to the standards promulgated in other sections of this Ordinance, may be considered when filed after the deadline prescribed in §2(B)(3)(a) above. 4. Contents of Permit Application. The permit application for a Special Event permit shall set forth, at a minimum,the following information: (a) name, address, and telephone number of the person seeking to conduct the Special Event; ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 3 rb/1:\mbox4\wylie\ordinances\specialevent.ord\7/12/00\4:49 PM (b) if the Special Event is to be held by an organization, the organization and/or the authorized and responsible heads of such organization; (c) if the Special Event is to be held by or for any person other than the applicant, the applicant shall attach a written statement from that other person showing the applicant's authority to make the application; (d) proposed location and parking area's for the Special Event; (e) approximate number of persons who are attending and, if applicable, the number and types of animals and vehicles which will be present at such event; (f) location and size of tents, awnings, canopies, food service booths, or other temporary structures shall be shown; (g) details for any planned signage; (h) when loudspeakers will be used, the location and orientation of those speakers shall be shown; (i) date(s) and time(s)the Special Event will start and terminate; (j) time at which on-site activities in preparation for the Special Event will begin; (k) purpose of the Special Event; (1) if the event is to be held on private property, the applicant shall attach a written statement evidencing permission for the holding of the Special Event from the owner of the property or his/its authorized representative; and (m) any other information which the City and/or the Building Official shall deem necessary as determined under the Standards for Issuance set forth in §3(B)(5)below. 5. Standards for Issuance. The following, among any others deemed necessary by the City and/or the Building Official, are standards to be considered in issuing a Special Event permit: The Special Event: Ordinance No.2005-27 Rules and Regulations for Special Events (a) must not substantially interrupt the safe and orderly movement of traffic near its location and/or route; (b) must not require the diversion of so great a number of police officers to properly police the event locale or line of movement and the adjacent areas as to prevent normal protection for the City; (c) must not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the event and adjacent areas; (d) must not interfere with the movement of fire-fighting equipment en- route to a fire. The concentration of people, animals, and vehicles at assembly points will not unduly interfere with proper fire and police protection or ambulance service to areas near such assembly points; and (e) must not unduly interfere with or interrupt commerce and/or trade of adjacent businesses. 6. Denial or Revocation. (a) The Building Official may deny a Special Event permit if, in his/her sole discretion,the: (i) Special Event will conflict in time and location with another event for which a permit has already been granted; (ii) applicant fails to comply with or the Special Event will violate an ordinance of the City or any other applicable law; (iii) applicant makes or permits the making of a false or misleading statement or omission of material fact on an application for a Special Event; (iv) applicant has been convicted of violating this Ordinance or has had a Special Event permit revoked within the preceding twelve (12)months; (v) applicant fails to provide proof of a license or permit required by this or any other City Ordinance or by state law; (vi) Special Event, in the opinion of one (1) or more City department directors, would severely hinder the delivery of normal or emergency services or constitutes a public threat; or Ordinance No.2005-27 Rules and Regulations for Special Events (vii) Special Event is likely to adversely impact the ability of adjacent businesses to conduct trade and/or commerce. (b) A special permit shall be revoked if: (i) the City's Police Chief, Fire Chief or Public Services Director, or their respective designated representative, find that any of the provisions of this or any other City ordinance or state law is being violated. The City's Police Chief, Fire Chief, or Public Services Director, or their respective designated representative, shall immediately notify the Building Official of this finding, and the permit issued hereunder shall immediately be revoked; (ii) in the judgment of the City's Police Chief, Fire Chief, or Public Services Director, or their respective designated representative, a violation of this Ordinance exists which requires immediate abatement, the City's Police Chief, Fire Chief, or Public Services Director, or their respective designated representative, shall have the authority to revoke a permit in the absence or unavailability of the Building Official; or (iii) the applicant made, or permitted to be made, a false or misleading statement or omission of material fact on an application for a Special Event. 7. Appeals. Appeals from a decision of the Building Official, the City's Police Chief, Fire Chief, or Public Services Director, or their respective designated representative, shall be made in writing to the City Manager within seven (7) working days of the decision of the Building Official, the City's Police Chief, Fire Chief, or Public Services Director, or their respective designated representative. The City Manager will consider the appeal and render a decision within a reasonable time from his/her receipt of the appeal. The City Manager's decision shall be final. 8. Duration of Permit. The permit granted under the terms of this Ordinance shall not exceed a period of fourteen (14) days. Another Special Event permit shall not be granted for the same location until at least thirty (30) days have lapsed from the expiration of the previous Special Event permit. SECTION 4: SPECIAL EVENT PARKING REQUIREMENTS. A. Applicant Parking Requirements. 1. Applicant shall submit evidence to the Building Official that sufficient parking has been provided to accommodate the projected number of, among others, users, vendors, visitors and attendees (i.e. all persons attending and/or working Ordinance No.2005-27 Rules and Regulations for Special Events at the Special Event) of the Special Event with a ten percent (10%) surplus. If said parking is to be on private property adjacent to the Special Event, written evidence that the applicant has a right of possession of said property through ownership, lease, license, or other property interest must be submitted to the Building Official. When the location is not an established parking area, the applicant must submit a plan to the Building Official evidencing how the needed parking will be achieved and arranged. The number of parking spaces and layout of the parking area, including but not limited to, aisle widths and size of parking spaces, shall be included in the submittal. 2. When adequate parking is not available at or immediately adjacent to the site of the Special Event, off-site parking may be used subject to the approval of the Building Official. The applicant must submit plans to the Building Official evidencing how off-site parking and transfer of the, among others, users, vendors, visitors and attendees (i.e. all persons attending and/or working at the Special Event)will be accomplished. B. City Authority Over Parking. The City shall have the authority, when necessary as determined by the Police Department, to prohibit and/or restrict the parking of vehicles along a street and/or highway, or part thereof, adjacent to the site of the Special Event. The City shall post signs to such effect, and it will be unlawful for any person to park and/or leave unattended any vehicle in violation thereof. SECTION 5: MISCELLANEOUS PROVISIONS. A. Notice to Abutting Property Owners. The Building Official shall have authority to require that sponsor(s) and/or the applicant send notices of upcoming Special Events to abutting property owners when, in the Building Official's judgment, the Special Event is of a scope and nature that will impact those owners. B. Trailers. Trailers or other vehicles may be temporarily occupied as living quarters at the site of such Special Events. Such vehicles and/or trailers shall be parked no less than three hundred feet(300') from any residential district. C. Amusement Rides. Rides and/or attractions associated with Special Events shall conform with the statutory rules and regulations set forth in Chapter 21, article 21.53 of the Texas Insurance Code, designated the Amusement Ride Safety Inspection and Insurance Act, as amended. D. Hours of Operation. A Special Event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The Police Department shall be responsible for enforcing this provision. The Building Official may, in his sole discretion, waive the time limit on certain Special Events when good cause is demonstrated by sponsor(s) and/or the applicant. Appeals of time limit restrictions may be made to the City Manager in accordance with §3(B)(7) (Appeals)herein. Ordinance No.2005-27 Rules and Regulations for Special Events E. Tents and Temporary Structures. Any Special Event which includes the use of a tent, canopy and/or other temporary structure shall meet the requirements set forth the City's Fire Code, except that a separate permit is not required when a Special Event permit has been obtained in accordance with this Ordinance. Fire lanes for emergency equipment must be provided, and the site must be prepared in a manner so as not to be a fire hazard as determined by the City's Fire Chief. F. Food Service. Where food service is provided, said operation shall be in compliance with all provisions of the food and food establishment ordinances of the City, as well as other applicable state and local laws. G. Sanitary Facilities. A minimum of two (2) portable-type sanitary facilities must be provided on the premises of the Special Event; however, additional portable-type sanitary facilities may be required as determined by the Building Official or his/her designated inspector. H. Animal Waste. Waste from animals used in any Special Event shall be removed daily from the premises of the Special Event. Animals used during a Special Event may be kept within the City limits over night; however, said animals shall be kept no less than three hundred feet(300') from any developed residential and/or commercial district. Water Usage and Disposal of Wastewater. Any Special Event or related activity desiring use of water from the City's water system must be coordinated with the City's Public Services Director to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with any and all applicable City ordinances. J. Solid waste Dumpster. Commercial solid waste dumpsters must be provided on-site at all outdoor Special Events. The applicant and/or sponsor(s) shall make arrangements for the provision of such dumpsters. K. Loudspeakers. (1) When loudspeakers will be used in conjunction with the Special Event, the location and orientation of the speakers shall be indicated and submitted with the application along with the planned hours of usage. Any usage of loudspeakers must be in compliance with this Ordinance. (2) Speakers should be positioned so as not to adversely affect an adjacent residential district and only used between the hours of 7:00 a.m. and 10:00 p.m. provided a Special Event permit has been obtained in accordance with this Ordinance. (3) Any use of loudspeakers, other than as allowed herein, must receive prior approval of the City Council. Ordinance No.2005-27 Rules and Regulations for Special Events L. Discretionary Staffing. The City shall have authority to require that sponsor(s) and/or the applicant provide ambulance and/or security services during the Special Event. Any ambulance and/or security service(s) required by the City to be provided during the Special Event shall be at the sole cost and expense, if any, of the sponsor(s) and/or applicant. SECTION 6: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Three Hundred Dollars ($300.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 9: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this28th day of June 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: CAROLE EHRLICH RICHARD M. ABERNATHY City Secretary City Attorney Date of Publication in The Wyle News—July 6, 2005 Ordinance No.2005-27 Rules and Regulations for Special Events CITY OF WYLIE Item No. 6. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 06-28-05 Originating Department: Police Prepared By: Jeff Butters Account Code No. #: Date Prepared: 06-02-05 Budgeted Amount: Exhibits: Proposed parade ordinance AGENDA SUBJECT: Consider and act upon an Ordinance amending Wylie's Ordinance No. 78-17 (Article I (General Traffic Regulations) Section 1-Definition of Terms and Article I (General Operation of Vehicles) Section 16-Parades and Processions) and Establishing Rules and Regulations For Parades. RECOMMENDED ACTION:Approve the proposed parade ordinance. SUNIlMIARY: Our current parade ordinance needs to be up-dated to include issues that may arise when someone wants to have a parade. The proposed parade ordinance; • Defines a parade and exemptions. • Establishes rules and regulations for a parade. • Establishes a parade permit and application process. • Defines standards for issuance, denial and revocation of a parade permit. • Establishes an appeal process for parade permit decisions. • Establishes three (3) day parade permit duration. APPROVED BY: Initial Date Department Director: JB \ 6-2-05 City Manager: /me \ 4/43A- 1 ORDINANCE NO. 2005-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S ORDINANCE NO. 78-17 (ARTICLE I (GENERAL TRAFFIC REGULATIONS) SECTION 1-DEFINITION OF TERMS AND ARTICLE III (GENERAL OPERATION OF VEHICLES) SECTION 16-PARADES AND PROCESSIONS) ESTABLISHING RULES AND REGULATIONS FOR PARADES; PROVIDING FOR A PERMIT FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PERMITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Wylie Ordinance No. 78-17 (Article I (General Traffic Regulations) Section 1-Definition of Terms and Article III (General Operation of Vehicles) Section 16-Parades and Processions) to establish rules and regulations for parades as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENTS TO WYLIE ORDINANCE NO. 78-17. Wylie Ordinance No. 78-17 (Article I (General Traffic Regulations) Section 1-Definition of Terms and Article III (General Operation of Vehicles) Section 16-Parades and Processions) is hereby amended to add and/or amend the following: ARTICLE I-GENERAL TRAFFIC REGULATIONS (Section 1: DEFINITION OF TERMS) is hereby amended to include the following definitions: jj. Applicant. A person who has filed a written application for a parade permit(commercial parade or parade). kk. Chief of Police. The Chief of Police for the City of Wylie, Texas, or his/her designee. 11. City. The City of Wylie, Texas. Ordinance No.2005-28 Amendment Ord.No.78-17/Parades—Rules and Regulations mm. Commercial Parade. A parade, sponsored by any person, firm or business entity other than a nonprofit organization, assembled and/or conducted for the purpose of advertising a tangible and/or intangible product for sale and/or to promote an exposition and/or theatrical performance. nn. Parade. The assembly of three (3) or more persons whose gathering is for the common design and/or purpose of moving in procession from one (1) location to any other location by, including but not limited to, walking, marching and/or any other mode of transportation. oo. Parade Permit. Written approval obtained from the Chief of Police for a Parade or Commercial Parade. pp. Permittee. The person to whom a Parade Permit is granted pursuant to this Ordinance. qq. Person. Any individual, assumed named entity, partnership, association, corporation, firm, organization or any other business entity. ARTICLE III-GENERAL OPERATION OF VEHICLES (Section 13: PARADES AND PROCESSIONS) is hereby amended to read as follows: A. Restrictions. [see Wylie Ordinance No. 78-17, as amended]. B. Funeral Processions. [see Wylie Ordinance No. 78-17, as amended]. C. Commercial Parades/Parades. 1. Application of Ordinance. A person violates this Ordinance if they engage in, participate in, aid and/or commence a pedestrian and/or vehicular Commercial Parade and/or Parade upon the streets of the City without making a prior written application for and receiving a Parade Permit from the Chief of Police as provided herein. 2. Exemptions. This Ordinance shall not apply to and no Parade Permit shall be required for the following (provided all federal, state, and local laws, rules, regulations and ordinances are followed): a. The armed forces of the United States of America, the military forces of the State of Texas and the forces of the City's police and fire departments acting within the course and scope of their respective duties. b. Funeral processions [see Wylie Ordinance No. 78-17(b), as amended]. Ordinance No.2005-28 Amendment Ord.No.78-17/Parades—Rules and Regulations c. A peaceful demonstration, as determined by the Chief of Police at a fixed location, except a tree. d. Sidewalk processions, which observe and comply with any and all traffic regulations, traffic-control devices and federal, state and local laws, rules, regulations and ordinances, utilizing that portion of a sidewalk nearest the street, but at no time more than one-half (1/2) of the sidewalk, as determined by the Chief of Police. 3. Parade Permit. a. Required Parade Fee. It shall be unlawful for any person to conduct and/or assemble a Commercial Parade and/or Parade without first obtaining a Parade Permit from the Chief of Police and paying the prescribed fee. The fee for issuance of Parade Permit is twenty-five dollars ($25.00). b. Application for Parade Permit. i. Applications for a Parade Permit shall be made no less than ten (10) working days prior to the date and time of the commencement of the specific parade. ii. The application for a Parade Permit shall be signed by the applicant and contain the following information: (a) name, address and telephone number of the applicant and of any other person(s) on whose behalf the application is made. If the Commercial Parade and/or Parade is to be held by or for any person other than the applicant, the applicant shall attach a written statement from that other person showing the applicant's authority to make the application; b) if the Commercial Parade and/or Parade is to be held by an organization, the organization and/or the authorized and responsible heads of such organization; (c) date and time requested for the Commercial Parade and/or Parade; Ordinance No.2005-28 Amendment Ord.No.78-17/Parades—Rules and Regulations (d) Commercial Parade's and/or Parade's commencement time, the specific route to be traveled and the location of the starting and termination points; (e) estimated number of persons to participate in the Commercial Parade and/or Parade and the estimated number of animals that will be utilized; and (f) any other information that the City and/or the Chief of Police deem necessary. c. Standards for Issuance. i. Upon receipt of an application for a Parade Permit, the Chief of Police shall furnish to the applicant, within seven (7) working days, approval or denial of the requested permit. ii. Should the application for a Parade Permit reveal that the Commercial Parade and/or Parade route requested will interfere with the orderly flow of vehicular and/or pedestrian traffic, the Chief of Police shall have authority to establish an alternate route and regulate the width of the Commercial Parade and/or Parade. d. Denial of Parade Permit. The Chief of Police shall deny a Parade Permit when: i. the movement of the Commercial Parade and/or Parade will conflict in time and/or location with another Commercial Parade and/or Parade, a permit for which has been previously granted; or ii. the Chief of Police believes that the movement of the Commercial Parade and/or Parade will result in violence, riot and/or any other public safety concern and/or will interfere with the movement of traffic during peak traffic movement times. e. Revocation. The Chief of Police shall revoke a Parade Permit when: Ordinance No.2005-28 Amendment Ord.No. 78-17/Parades—Rules and Regulations i. the Commercial Parade and/or Parade fails to begin within thirty (30) minutes of the appointed time of commencement; or ii. the applicant made, or permitted to be made, a false or misleading statement or omission of material fact on an application for a Commercial Parade and/or Parade Permit. f. Appeal. Appeals from a decision of the Chief of Police shall be made in writing to the City Manager within two (2) days of the decision of the Chief of Police. The City Manager will, if possible, consider the appeal within twenty-four business (24) hours from the time the appeal is filed as provided herein. The City Manager's decision will be final. g. Duration of Parade Permit. The Parade Permit granted under the terms of this Ordinance shall not exceed a period of three (3) days. SECTION 3: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Three Hundred Dollars ($300.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: SAVINGS/REPEALING CLAUSE. Wylie Ordinance No. 78-17 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. Ordinance No.2005-28 Amendment Ord.No.78-17/Parades—Rules and Regulations DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 28th day of June 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: CAROLE EHRLICH RICHARD M. ABERNATHY City Secretary City Attorney Date of Publication in The Wylie News—July 6, 2005 Ordinance No.2005-28 Amendment Ord.No.78-17/Parades—Rules and Regulations CITY OF WYLIE Item No. 7. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 06-28-05 Originating Department: Police Department Prepared By: Jeff Butters Account Code No. #: Date Prepared: 06-01-05 Budgeted Amount: Exhibits: Skateboard Ordinance AGENDA SUBJECT: Consider and act upon the approval of an ordinance prohibiting skates, skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street. RECOMMENDED ACTION:Approve the proposed ordinance. SUMMARY: The City of Wylie has received complaints from business owners along 200 N Ballard Street concerning skateboards on the sidewalks. The Problem has been skateboarding on sidewalks and disrupting pedestrian traffic. There has also been an issue of ramping skateboards up onto the benches and disfiguring the benches. The skateboards are being used for amusement instead of transportation. The use of skateboards for amusement along North Ballard Street is not compatible with the high pedestrian use of the area. The ordinance makes it unlawful for any person to operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and the sidewalks along Ballard Street, between Highway 78 and Brown Street. APPROVED BY: Initial Date Department Director: JB \ 6/1/05 City Manager: M 9e \ /c s/c 1 ORDINANCE NO.2005-26 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING SECTION 110-21 TO THE WYLIE CODE OF ORDINANCES; PLACING RESTRICTIONS ON THE USE, OPERATION OR RIDING OF SKATES, SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES, OR THE PROPELLING OF ONESELF OR ANOTHER ON SKATES, SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES ON BALLARD STREET AND THE SIDEWALKS ALONG BALLARD STREET BETWEEN HIGHWAY 78 AND BROWN STREET.; PROVIDING FOR A PENALTY FOR ALL PERSONS AND PARENTS OF MINOR; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie ("City Council") has determined that restriction of the use and operation of skates, skateboards, manually propelled scooters or similar devices along Ballard Street between Highway 78 and Brown Street within the City of Wylie ("Wylie"or"City") is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards, safety hazards and property damage resulting from use and operation of skates, skateboards, manually propelled scooters or similar devices along Ballard Street between Highway 78 and Brown Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Restrictions and Prohibitions for skates and skateboards/Penalty for Violation. The Wylie Code of Ordinances is amended to add Section 110-21 as follows: Sec. 110-21. Prohibition of skates, skateboards, manually propelled scooters or similar devices along portion of Ballard Street and adjacent sidewalks. (a) Restrictions and Prohibitions on Locations of Use. (1) It is unlawful for any person to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or Ordinance No.2005-26 Skateboard propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and the sidewalks along Ballard Street, between Highway 78 and Brown Street. (2) It is unlawful for a parent, natural or adopted, or court-appointed guardian or conservator of a child (hereinafter "parent") under eighteen (18) years of age to allow or permit the child to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and along the sidewalks on Ballard Street, between Highway 78 and Brown Street. (3) It is presumed that a parent allowed a child to use, operate or ride skates, skateboards, manually propelled scooters or similar non-motorized rolling devices, or propel himself/herself or another on skates, skateboards, manually propelled scooters or similar non-motorized rolling devices on Ballard Street, and the sidewalks along Ballard Street, between Highway 78 and Brown Street. (b) Penalty. (1) A person who violates any provision of paragraph (a), above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). (2) The purpose of this Section 110-21 is to promote safety and discourage property damage. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2005-26 Skateboard SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th day of June, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: City Secretary Date of publication in The Wylie News—July 6,2005 Ordinance No.2005-26 Skateboard CITY OF WYLIE Item No. 8. Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 6/28/05 Originating Department: Fire Department Prepared By: Shan English Account Code No. #: Date Prepared: June 2, 2005 Budgeted Amount: No Cost Exhibits: 1 AGENDA SUBJECT: Consider and act upon an amended Contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. • RECOMMENDED ACTION: Staff recommends approval of the contract. SUMMARY: The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Collin County, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998. Since 1998, the agreement has been amended at regular intervals to ensure the best agreement possible between the City of Wylie and ETMC. Upon request from the cities of Parker and Murphy, coalition members have been negotiating amendments to the contract to clarify ETMC liability coverage and facilitate the addition of a fourth ambulance in the coalition that will be operated by the City of Murphy Fire Department. The liability issue raised by the City of Parker has been clarified by ETMC with additional language in the contract with no new costs associated to the coalition. The City of Murphy ambulance is facilitated in the amended contract with additional language as well, and is anticipated to begin operation this June 15, 2005. This ambulance will be the primary ambulance for the City of Murphy between the hours of 8 a.m. and 6 p.m. Monday through Friday, and will be the fourth ambulance to respond to other areas of the coalition during those same hours. Additionally, if the coalition should reach level zero during other hours, the City of Murphy personnel will be notified and they will attempt to bring their ambulance up for service to assist the coalition. The changes of the proposed amended contract are for the protection of coalition members and to benefit citizens of the coalition by providing additional ambulance services. APPROVED BY: Initial Date Department Director: SE \ 6/2/05 City Manager: /x)e/e \ 6/2J/o 1 AMENDED CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Amended Contract for Paramedic Ambulance Services is effective October 1, 2003, and is entered into by and between the Southeast Collin County EMS Coalition, consisting of the following cities: Parker, Wylie, St. Paul, Murphy, Lucas, Lavon and portions of Collin County, Texas (hereinafter referred to as the "Coalition"), and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not for profit corporation (hereinafter referred to as "ETMC EMS"). The Coalition and ETMC EMS are collectively referred to herein as the "Parties." This Contract is entered into by the Parties in substitution for and in replacement of a Contract dated November_, 2003, executed by the same parties. Upon the signature of all parties to this Agreement,this Contract will be effective October 1, 2003, under terms and conditions described below. NOW, THEREFORE, for and in consideration of the premises and agreements herein contained and other good and valuable consideration, including the award of exclusive market rights, the receipt and adequacy of which are hereby forever acknowledged and confessed, the Parties agree as follows. ARTICLE I DEFINITIONS The following definitions shall apply to terms as used throughout this Agreement: Agreement means this Contract. Ambulance Patient means any person being transported to or from a health care facility in a reclining position from any point within the "Regulated Service Area." Ambulance Service Contract means an agreement between ETMC EMS and any local governing unit incorporating clinical standards and financial provisions consistent with those set forth in this Agreement. Ambulance Service Contractor means East Texas Medical Center Emergency Medical Service (ETMC EMS). ANI/ALI means Automatic Number Identifier/Automatic Location Identifier and is one of the enhancement features of 911 system that aids in identification of incoming calls. CAD means Computer Assisted Dispatch including but not limited to primary dispatch data entry and automated time-stamping, 911 data interface, demand pattern analysis, system status management, automated patient locator aids, response time reporting and documentation, and (when installed) automated vehicle tracking. Page 1 of 25 Contract for Paramedic Ambulance Services Contract Service Area means the geographic area encompassing the regulated Service Area plus unincorporated areas of Collin County and such other counties as may choose to contract with ETMC EMS pursuant to a contract incorporating clinical standards and financial provisions consistent with those contained in this Contract. EMS System means that network of individuals, organizations, facilities and equipment including but not limited to ETMC EMS, whose participation is required to generate a clinically- appropriate, pre-planned system-wide response to each request for pre-hospital care and/or inter- facility transport, so as to provide each patient the best possible chance of survival without disability and given available financial resources. Extraordinary Adjustment is an adjustment justified on the basis of either: (1) an increase in the System Standard of Care whose cost of implementation and on-going compliance exceeds the then-remaining balance of the "Upgrade Reserve"; or, (2) an unusual increase in the cost of a factor of production when such increase in cost is industry wide and the result of causes beyond ETMC EMS's reasonable control. 1st Response, 1st Responder, 1st Response Organization refers to that service and those units (e.g., fire department 1st responders) which provide initial stabilization and trained assistance on-scene and, when required, en route to medical facilities, as well as certain extrication and rescue services. In accordance with Priority Dispatch Protocols, a 1st Response unit is routinely sent to all presumptively-classified life-threatening calls within the ETMC EMS service area. Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the "Contract") is the Contract document labeled Contract For Paramedic Ambulance Service and is an agreement between the Coalition and East Texas Medical Center Emergency Medical Service. Medical Control Board means that board of physicians established and empowered by the uniform EMS Ordinance to update from time-to-time the System Standard of Care, and to monitor compliance with that System Standard of Care. Medical Director means that Medical Director which shall be an emergency physician expert in the pre-hospital practice of Emergency Medicine, appointed by ETMC EMS. Member Jurisdiction means the individual Coalition member's corporate limits. Primary Unit means that unit staffed by ETMC EMS personnel. MICU means Mobile Intensive Care Unit as defined in the Texas Health and Safety Code. Mutual Aid means the paramedic ambulance service provided within the Contract Service Area by neighboring providers other than ETMC EMS at the request of ETMC EMS, pursuant to an agreement governing the exchange of service assistance when requested. Such a unit shall be judged by ETMC EMS to have acceptably trained personnel and equipment, and approved by the Page 2 of 25 Contract for Paramedic Ambulance Services Medical Control Board. PSAP means Public Service Answering Point and is an auxiliary service in the 911 system. Regulated Service Area means the combined corporate limits of all Member Jurisdictions that adopt the Uniform EMS Ordinance. Response Area of the Southeast Collin County EMS Coalition means the corporate limits of the Member Jurisdictions of the Southeast Collin County EMS Coalition. Southeast Collin County EMS Coalition means an interlocal cooperative group consisting of the participating city governments of Lavon, Lucas, Murphy, Parker, St. Paul, Wylie and portions of Collin County. Subscription Ambulance Membership Plan means an optional plan by which citizens in the Member Jurisdictions can contract with ETMC EMS for prepaid, medically necessary, ambulance transport services. System Standard of Care means the combined compilation of all priority-dispatching protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital, standards for certification of pre-hospital care personnel (i.e. telephone call-takers, ambulance personnel and on-line medical control physicians), as well as standards governing requirements for on-board medical equipment and supplies, and licensure of ambulance services established by the Uniform EMS Ordinance. The System Standard of Care shall simultaneously serve as both a regulatory and contractual standard. Uniform EMS Ordinance means that Ordinance set forth in Exhibit A. ARTICLE II MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS 2.1 FRANCHISE MODEL SYSTEM a. ETMC EMS shall provide services under this Contract through a franchise model system and shall furnish its own facilities, vehicles, on-board equipment, radio systems and computer-aided dispatch hardware and software as provided in this Contract. Except as otherwise set forth herein, ETMC EMS shall serve as the retail provider of 911 ambulance services, routine transport services and related ambulance services, financed primarily or exclusively on a fee-for-service basis with or without subsidy according to the agreement of each member jurisdiction and participating jurisdiction. b. ETMC EMS may charge user fees for services rendered under this contract that are consistent with the provisions of this Contract. c. Except for subsidies paid to ETMC EMS under the Subsidy/Price Agreement with Page 3 of 25 Contract for Paramedic Ambulance Services each jurisdiction, ETMC EMS shall look for compensation for its services under this Contract solely through the following sources: (i) Third party payors; (ii) Persons or entities who use ambulance services or other persons responsible for such ambulance services; and (iii) Contract purchasers of ambulance services. 2.2.1 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant to this Contract shall be an MICU and shall be staffed and equipped to render paramedic- level care. 2.3 "FIXED-PRICE TERM AGREEMENT FOR REQUIREMENTS." This Contract is a "fixed-price term agreement for requirements," with provisions for inflation adjustment and adjustment for externally-imposed upgrades to the System Standard of Care. At such time that ETMC-EMS assumes full responsibility for dispatch, the Coalition will use best efforts to provide that every medical request including but not limited to 911 cases originating within the Member Jurisdictions, except 911 calls originating from an area within the County which has contracted for 911 ambulance services with a provider other than ETMC EMS, shall be transferred to ETMC EMS (along with ANI/ALI data as available) for telephone interrogation, pre-arrival instructions (if appropriate) and the dispatch and deliver of ambulance service. 2.4 MEDICAL SUPPLIES. All medical supplies acquired or supplied for the performance of the work that is the subject of this Contract shall be furnished by ETMC EMS at ETMC EMS's own expense. 2.5 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN. a. Basic Objects of Program. ETMC EMS shall offer for sale to residents of all member jurisdictions and participating jurisdictions under this Contract, a subscription ambulance membership plan which fee for the first year of coverage under the plan will not exceed forty-eight ($48) dollars per household. The fee for the subscription ambulance membership plan is subject to an annual inflation adjustment equal to 100% of the percentage increase in the CPI over the most recent 12-month period for which published figures are then available as approved by the Board of Directors of ETMC EMS. Additionally, ETMC EMS may offer discounts for renewal of subscription ambulance membership plans. b. Legal Obligations. The subscription ambulance membership plan offered to residents of the member jurisdictions and participating jurisdictions under this Contract shall comply with federal and state law relating to subscription ambulance membership programs. Page 4 of 25 Contract for Paramedic Ambulance Services c. Medicaid Recipients. Persons whose medical expenses are covered under Medicaid are not eligible to participate under the subscription ambulance membership plan. d. Additional Benefits. ETMC EMS may, at its option, offer to persons who purchase subscription ambulance membership plans under this subsection, additional benefits. e. Periodic Membership Drives. ETMC EMS shall hold an open enrollment period during each calendar year for the subscription ambulance membership program and residents in the member jurisdictions and participating jurisdictions shall be entitled to apply for participation in the subscription ambulance membership program during that period. f. Beneficial Extension of Service. Each person requiring or requesting ambulance service shall receive the quality of care and transportation required under the System Standard of Care, without regard to membership status in the subscription ambulance membership program. g. Financial Assistance for Plan Purchase. A member jurisdiction or participating jurisdiction may purchase or may assist its residents in purchasing and paying for subscription ambulance membership' plans in accordance with a written agreement between the member jurisdiction or participating jurisdiction and ETMC EMS. 2.6 USE OWN EXPERTISE AND JUDGMENT. ETMC EMS agrees to use its own best judgment in deciding upon the methods to be employed to achieve and maintain the levels of performance required hereunder. Such "methods" include compensation programs, shift schedules, personnel policies, supervisory structures, vehicle deployment techniques, and other internal matters which,taken together, comprise ETMC EMS's own strategies and tactics for performing its obligations under this Agreement. 2.7 EXCLUSIVITY. ETMC EMS is awarded exclusive rights and responsibilities for provision of all emergency and non-emergency ambulance services, including special events coverage, originating within the Member Jurisdictions, regardless of the manner in which the request for service is conveyed. Notwithstanding the foregoing, in the event that the Required MICU (as defined in Section 3.1) is on a transfer or otherwise unavailable, ETMC EMS may use another EMS service provider for non-emergency transfers to and from the Member Jurisdictions. ETMC EMS shall have the option to transport non-emergency transports to and from the member jurisdiction but will limit the number of such transports to be no more then five (5)per month and that this only applies to the required ETMC EMS MICU unit. Such non-emergency transports by the required MICU will only be transported when other Coalition Members' ambulances are available. All emergency and non-emergency calls and requests for ambulance services originating within the Member Jurisdictions will be dispatched through or to ETMC EMS's dispatch center. 2.8 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the Page 5 of 25 Contract for Paramedic Ambulance Services Medical Control Board shall establish protocols for selection of the destination hospital, which protocols shall be strictly followed by paramedic personnel and on-line medical control physicians, except when a departure from protocol is justified on the basis of special considerations of patient care or practical barriers to implementation (e.g., blocked roads, hospital divert status, etc.). This Contract is entered into by both parties pursuant to a mutual assumption that transport protocols approved by the Medical Control Board shall strictly adhere to the following priorities of consideration, and shall recognize these priorities in the sequence presented: a. First Consideration: patient care and safety; b. Second Consideration: patient/family choice; and c. Third Consideration: fairness in distribution of patients among hospitals. In this regard,the following rules shall apply: (i) Non-Emergencies. All "non-emergency patients" (as defined by patient- assessment protocols approved by the Medical Control Board) shall be transported to the destination selected by the patient,the patient's family or the patient's personal physician, without exception. (ii) Non Life-Threatening Emergencies. Patients experiencing a "non life- threatening emergency" (as defined by patient-assessment protocols approved by the Medical Control Board) shall be transported to the facility of choice designated by the patient, the patient's family, or the patient's personal physician, or if no such preference is stated, to the nearest hospital approved by the Medical Control Board for receipt of patients experiencing non-life-threatening emergencies. (iii) Life-Threatening Emergencies. Patients experiencing life-threatening emergencies (as defined by patient-assessment protocols approved by the Medical Control Board) shall, in accordance with transport protocols approved by the Medical Control Board, be delivered to the "nearest appropriate facility", taking into consideration the patient's condition and location, the patient's medical requirements and the respective capabilities of hospitals within and, for some types of patients, outside the "Contract Service Area." Such transport protocols shall not be inconsistent with then- currently-approved trauma system protocols (when available). (iv) Enforcement. Inappropriate and unjustified deviations from these patient- destination protocols by a paramedic without direct authorization by a Base Station Physician or inappropriate and unjustified instructions regarding such deviation by a Base Station Physician shall be subject to sanction by the Medical Control Board provided such sanctions are applied in accordance with due process procedures approved by the Coalition's attorney. Such sanctions may include reprimand, suspension of certification, or revocation of certification) depending upon frequency and severity of error. Page 6 of 25 Contract for Paramedic Ambulance Services ARTICLE III SCOPE AND QUALITY OF SERVICES 3.1 AMBULANCE SERVICES TO COALITION. ETMC EMS shall provide emergency and non-emergency ambulance service to the entire Response Area of the Coalition, and shall provide staff and MICU's as set forth in this Contract, including but not limited to at least one fully staffed MICU dedicated solely for response to the entire Response Area of the Coalition (the "Required MICU"). ETMC EMS shall only use the Required MICU for non- emergency transfers to and from the Coalition. Baylor Garland North Central Medical Richardson Regional Medical Center Presbyterian Allen Columbia Medical Center Plano Presbyterian Plano Garland Community Sunbridge NH Wylie Lake Pointe Medical Center Medical Center of Plano In the event that no ambulance provided for in this Contract is available for service, or additional ambulances are needed, each member of the Coalition will be required to rely upon mutual aid plans for their city. Ambulance services are provided by ETMC EMS, the City of Wylie, and the City of Murphy, as a private provider of ambulance services, to the Coalition members under the terms of this Agreement. 3.2 RESPONSE TIME RELIABILITY. ETMC EMS will maintain response time records on all primary unit transports ETMC EMS provides under this Agreement as set forth below: Goals within the Response Area of the Southeast Collin County EMS Coalition: a. Life-Threatening Emergency Calls will have a response time 90%or better of 8 minutes and 59 seconds. b. Non Life-Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 59 seconds. These commitments shall be calculated on a per one-hundred transport basis for the primary unit only, and shall be calculated annually at the end of ETMC EMS's contract year. The response time commitments set forth above shall constitute contractually binding performance requirements under this Contract. In this regard, the following definitions and protocols shall be employed for purposes of response time measurement, compliance reporting, and late run penalty assessment: a. Definition. Response time is herein defined as the elapsed time between the moment a request for ambulance service is received at ETMC EMS's ambulance control center (i.e., the moment callback number and location are acquired, either by voice or by Page 7 of 25 Contract for Paramedic Ambulance Services ANI/ALI 911 data transmission and confirmed) and the moment a first-arriving, fully- equipped and staffed ETMC EMS paramedic ambulance, paramedic-level Mutual Aid unit, paramedic-level 1st Response team, or advanced life support capable medical helicopter arrives at the scene; provided that in order to "stop the clock" such first- arriving unit shall be operated by ETMC EMS or by a Mutual Aid unit or 1st Response Organization approved by the Medical Control Board and operating under subcontract to ETMC EMS. For scheduled patient transfers, "time call received" shall be the agreed- upon appointment of time of patient pickup. b. Use of Mutual Aid Providers. Subject to a finding by the Medical Control Board that the clinical quality of care provided by a proposed MICU staffed Mutual Aid provider, helicopter ambulance service, or 1st Response organization participating in ETMC EMS's 1st Response Support Program and operating at the paramedic level, is deemed substantially equivalent to the quality of care required under this Contract, such paramedic units operated by Mutual Aid providers, 1st Response organization, and helicopter ambulance services responding at ETMC EMS's request to locations within the Contract Service Area shall be deemed to "stop the clock" on behalf of ETMC EMS. c. Method of Measurement. Response time standards shall be established and response time performance shall be measured in terms of "fractile distributions" -- not average response time measurements. d. Call Classification. For purposes of response time measurement, the applicable standard shall be based on each request's presumptive run code classification (i.e., life- threatening emergency, non life-threatening emergency, unscheduled routine transport and scheduled routine transport) as established at the time the call is dispatched by a person trained in the use of and correctly employing Medical Priority Dispatch Protocols proposed by the Medical Director and approved by the Medical Control Board. (Retrospective classification of priority code shall not affect measurement of response time compliance.) e. En route Upgrades and Downgrades. If a presumptive run code classification is upgraded to a higher priority while the ambulance is en route (as a result of information provided by a physician or law enforcement officer at the scene), the applicable run code designation shall be the upgrade priority and response time shall be measured from the moment of upgrade. If a presumptive run code classification is downgraded to a lower priority while the ambulance is en route (as a result of information provided by a physician), the applicable run code designation shall be the downgraded priority and response time shall be measured from the original time of call receipt. f. 911 Interface Requirements. Upon ETMC EMS assuming full responsibility for dispatch, ETMC EMS shall be free to employ, at its own expense, such CAD hardware and software and 911 system interface arrangements as ETMC EMS deems most conducive to efficient operation and response time reliability. The Coalition shall cooperate fully with ETMC EMS's reasonable requests to establish telephone call- transfer linkages and, where appropriate, 911 computer system interface arrangements Page 8 of 25 Contract for Paramedic Ambulance Services (e.g., with ETMC EMS functioning as a secondary PSAP), as requested by ETMC EMS. 911 personnel shall transfer medical calls and callers to the ETMC EMS Control Center as per protocols approved by the Medical Control Board. 3.3 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. Except for changes adopted by the Board of Directors of ETMC EMS, ETMC EMS shall comply with customer service and accounts receivable management practices as provided in this Contract. 3.4 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the disaster occurs. Immediately upon such notification, ETMC EMS shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster occurred. The disaster-related provisions of this Contract are: a. During such periods, ETMC EMS shall be released from response time performance requirements, including late run penalties, until notified by the Coalition that disaster assistance may be terminated. At the scene of such disasters, ETMC EMS personnel shall perform in accordance with local disaster protocols established by that community. b. When disaster assistance has been terminated, ETMC EMS shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking and other relevant considerations. c. During the course of the disaster, ETMC EMS shall use best efforts to provide emergency coverage throughout the "Contract Service Area" and shall suspend non- emergency transport work as necessary, informing persons requesting such non- emergency service of the reason for the temporary suspension. 3.5 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every member jurisdiction and participating jurisdiction shall have access to the resources of the EMS System, as dictated by fluctuations in consumer demand for service, weather conditions and disaster events. To ensure such flexibility in responding to shifting needs, ETMC EMS will refrain from contractually committing any of its ambulances to the exclusive benefit of any jurisdiction. Nothing in this section shall be read to restrict the Murphy Ambulance deployment as specified in Section 3.13 of this Agreement. 3.6 GRANDFATHER CLAUSE. Nothing in this Contract shall be construed as preventing ETMC EMS from honoring and fulfilling contractual commitments in effect as of the commencement date of this Contract, even if provisions of such contracts are in conflict with provisions set forth immediately above, provided, however, that no such existing contract containing provisions in conflict with the provisions of this Contract shall be extended or renewed unless amended to remove the conflicting provisions. The only Page 9 of 25 Contract for Paramedic Ambulance Services other Contract existing between a Coalition member and ETMC EMS is the Contract entitled Supplemental Agreement to Contract for Paramedic Ambulance Services dated March 1, 2003, by and between ETMC EMS and the City of Wylie. A copy of this Supplement Agreement is attached hereto as Exhibit" ." 3.7 WYLIE AMBULANCE AND DEPLOYMENT. The City of Wylie will staff ambulances (with MICU capabilities) donated by ETMC EMS ("Wylie Ambulance") and will continue to do so. Two ambulances will be remounted, one with the implementation of this contract and the other to be delivered within 90 days. Such Wylie Ambulances shall be used to provide back-up ambulance service to the Coalition. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport to Wylie, when ETMC EMS's unit is out of service, subject to Section 3.11, below. The following provisions apply to the ambulances donated by ETMC EMS to Wylie: a. Wylie owns the Donated Ambulances as City of Wylie property, and retains such ownership at the expiration of this Contract's first 5 year term. b. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Donated Ambulances. The supplies used must be recorded on the patient care report. c. Wylie will provide for all liability insurance coverage for the City of Wylie Donated Ambulances. d. The City of Wylie, through the Wylie Fire Department, shall provide all maintenance and repair for Wylie's Donated Ambulances. e. ETMC EMS shall provide Wylie with another ambulance unit during any time that a Wylie Donated Ambulance is out of service. ETMC EMS will provide such replacement ambulance for a period of up to ten (10) days, but no longer. After ten (10) days, ETMC EMS will negotiate and mutually accept a short term lease for such replacement ambulance with lease payments not to exceed ten dollars ($10)per month. £ The Wylie Donated Ambulances are staffed by the City of Wylie employees. g. The ETMC EMS ambulance (hereinafter referred to as "990") is owned, operated, and staffed by ETMC EMS. It is the primary service unit provided for ambulance services provided by ETMC to the Coalition contracted for in this agreement. ETMC is solely responsible for providing ambulance services to the Coalition. The Coalition, (with the exception of the City of Wylie's separate responsibility to provide back-up to ETMC-EMS and the City of Murphy, as set forth in Sections 3.9 and 3.13 of this Agreement) is not obligated to, nor does it provide ambulance services. 3.8. DONATED AMBULANCE. Donated Ambulances for other Coalition cities and deployment: Page 10 of 25 Contract for Paramedic Ambulance Services a. No Coalition city except the City of Wylie is, at the effect date of this Contract, housing or operating an ETMC EMS Ambulance, or a Donated Ambulance. The City of Murphy, at the execution date of this Contract, is housing a City of Murphy Ambulance, as set forth in sections 3.9 and 3.13 of this Agreement, purchased by the City of Murphy. In the future, in the event a Coalition City wishes to request an ambulance from ETMC, either Donated or otherwise, the specifics of that agreement may be the same as those set forth above in 3.7 for the City of Wylie, or may be negotiated specifically by ETMC, the Coalition City, and/or the Coalition, as the case may be, for such additional ambulance service. ETMC is under no obligation to provide additional services unless ETMC has agreed to new terms for the additional services. b. If the Coalition should request a change in resources from ETMC EMS, and ETMC EMS agrees to provide the change in resources, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC EMS in order to provide sufficient resources of the services described in such Contract. 3.9 MURPHY AMBULANCE. With regard to the Murphy Ambulance, as set forth in section 3.13 of this Agreement: a. Murphy shall retain ownership of the Murphy Ambulance, with ownership surviving this Contract. b. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Murphy Ambulance (as described in 3.13 of this Agreement) provided such supplies are the same as supplies prescribed by ETMC EMS Medical Control. ETMC EMS will not provide supplies outside those approved by ETMC EMS. The supplies used must be recorded on the patient care report. c. The City of Murphy will staff and operate the Murphy Ambulance. d. The City of Murphy shall provide automobile liability insurance coverage for the Murphy Ambulance. e. City of Murphy shall be responsible for any maintenance to the Murphy Ambulance. 3.10. USE OF NON-COALITION OR NON ETMC EMS AMBULANCES. In the event a Coalition Member city, staff, or fire department requests an ambulance from a third-party which is not the ETMC EMS ambulance located in Wylie (990) or either of the two Wylie Donated Ambulances, the Murphy Ambulance, or an ambulance operated by a Coalition member in accordance with 3.8 above, and any of such ambulances are available for use, then such Coalition member shall reimburse ETMC EMS for ETMC EMS's lost revenue toward such trip, excluding transfer. 3.11 CLEAN TICKET PROVISION. The One Hundred($100) Dollar stipend as set forth in Sections 3.7 and 3.13, is expressly conditioned upon the City personnel operating a Page 11 of 25 Contract for Paramedic Ambulance Services Donated Ambulance under ETMC direction and control, and Murphy personnel operating the Murphy Ambulance, fully and accurately completing the trip ticket and related paper work in accordance with the policies and procedures that ETMC EMS requires of its own personnel in the completion of such trip ticket ("Clean Ticket"). ETMC EMS will provide adequate training/education to personnel filling out trip tickets. 3.12 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards of clinical quality, as well as the clinical upgrade schedules to occur on or before listed deadlines throughout the term of this Contract shall constitute contractually binding performance requirements under this Agreement. 3.13 MURPHY AMBULANCE AND DEPLOYMENT. The City of Murphy will staff an ambulance (with MICU capabilities) purchased by the City of Murphy (hereinafter referred to as the "Murphy Ambulance") during the days and hours as specified in this Section. The City of Murphy agrees to commence staffing of the Murphy Ambulance on April 1, 2005 or following the effective date of the Amendment whichever is later. The Murphy Ambulance deployment shall be as follows: a. the first (1st) responder in the coalition for calls within the corporate limits of the City of Murphy, Monday through Friday from 8:00 a.m. to 6:00 p.m; b. the fourth (4th) responder in the coalition for calls outside the corporate limits of the City of Murphy, Monday through Friday from 8:00 a.m. to 6:00 p.m; and c. the fourth (4th) responder in the coalition when manpower is available for large scale incidents outside the corporate limits of the City of Murphy, from 12:00 a.m. to 7:59 a.m. and 6:01 p.m. to 11:59 p.m. Monday through Friday and on Saturdays and Sundays. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport, to the City of Murphy, subject to Section 3.11 of this Agreement. The City of Murphy will bill the City of Wylie on a quarterly basis for ambulance transports by the Murphy Ambulance from coalition cities other than Murphy. ARTICLE IV CONSIDERATION Consideration for this Contract is an award of exclusive market rights subject to exemptions set forth in Schedule A to this Contract for the term of the Contract. 4.1 AUTHORIZATION OF USER-FEE CHARGES. ETMC EMS shall charge user fees for services originating within each Coalition Member Jurisdiction. Each Coalition Member may assist its residents in purchasing and paying for membership rights by incorporating voluntary provisions for billing and payment in conjunction with residential water bills. Page 12 of 25 Contract for Paramedic Ambulance Services 4.2 USER-FEE AUTHORIZATION. ETMC EMS is hereby authorized to charge for ground ambulance services user-fees as follows: The maximum total average of all bills generated for ambulance service originating with the Coalition(exclusive of mileage charges) shall not exceed $ $680.00. 4.3 ANNUAL INFLATION ADJUSTMENTS. The Coalition shall annually permit adjustment of the ETMC EMS Maximum Total Average Bill (as discussed in 4.2), the first such adjustment being authorized on October 1, 2004. Any increase made to the Maximum Total Average Bill in such adjustment shall not exceed the percentage change in the Consumer Price Index on a nationwide basis over the most recent twelve (12) month period for which published figures are available. ETMC EMS has the discretion to accept all or a portion of the maximum allowable inflation adjustment and may apply those amounts in the manner determined by ETMC EMS provided that such adjustment does not exceed the maximum allowable adjustment under this Contract. 4.4 ADJUSTMENT FOR EXCESS BILLINGS. In the event ETMC EMS's actual total average bill (exclusive of mileage charges) for services rendered in a Member Jurisdiction or Participating Jurisdiction during the preceding contract period is found to be inadvertently in excess of the level permitted by the then-applicable "Subsidy/Price Agreement", the Coalition shall delay the effective date of the inflation adjustment increase in that jurisdiction by a number of days sufficient to fully offset the amount of overpayment, as proposed by the Coalition and approved by the Board of Directors of the Coalition. 4.5 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED UPGRADES. ETMC EMS may periodically apply for extraordinary rate adjustments to offset the actual and reasonable marginal costs of implementing and maintaining clinical upgrades required by the Medical Control Board and approved by the Coalition. Adjustment shall be subject to optional review and confirmation or denial by the Coalition. 4.6 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES. As may be justified by circumstances beyond ETMC EMS's reasonable control (e.g., industry wide insurance cost increases of major magnitude, restoration of OPEC's pricing powers, etc.), ETMC EMS shall be eligible for temporary but renewable (as justified and approved by the Coalition) "extraordinary rate adjustments" when the governing body of the Coalition finds that the cause of such extraordinary increase in the cost of one or more factors of production necessary to produce quality pre-hospital care is due to an unusually large, rapid increase in the cost to ETMC EMS of that factor of production, in which this increase is industry wide, not the result of poor purchasing practices and not the result of increased consumption of the factor of production. Provided, however, all such approvals of Extraordinary Adjustment shall be subject to optional review and confirmation or denial by the Coalition. 4.7 ANNUAL SUBSIDY. Beginning October 1, 2003, the Coalition will provide an annual Page 13 of 25 Contract for Paramedic Ambulance Services subsidy to ETMC EMS for the provision of EMS services in the amount of$88,683.00 which will be paid in four (4) quarterly installments of$ 22,170.75 each due on October 1, January 1, April 1 and July 1 of each year during the term of this Agreement. The subsidy amount will be adjusted annually on October 1st of each year but not to exceed the percentage change in the Consumer Price Index ("CPI") (nationwide) over the most recent 12-month period for which published figures are available. ETMC EMS will provide Coalition with at least sixty days' (60)notice of any increase in the subsidy. The quarterly subsidy payment will be remitted to ETMC EMS within fifteen (15) days of the invoice for such quarterly subsidy being sent to Coalition. In the event the Coalition fails to remit such payment, ETMC EMS shall have the option to terminate this Agreement upon thirty (30) days' notice. The share of the subsidies to be paid by each Coalition member shall be as agreed to by the Coalition. In the event the Initial Term of this Agreement is continued into one or more renewal terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the renewal term(s), if any by May 1, 2008. If the Parties cannot mutually agree on such subsidy amounts for any renewal term, either party may terminate this Agreement upon One Hundred Twenty(120) days prior written notice, without penalty. The amounts set forth above represent the amounts due ETMC EMS assuming the Coalition members remain the same as of the effective date of the Contract. The Coalition further agrees to reimburse ETMC EMS for any ETMC EMS loss in revenue due to any current Coalition member no longer participating in this Agreement. EACH COALITION MEMBER WHO WITHDRAWS FROM THE COALITION, CEASES TO PARTICIPATE OR CONTRACTS WITH ANOTHER EMS PROVIDER, AGREES TO MAKE ETMC EMS WHOLE FOR SUCH LOSS OF REVENUE FOR THE DURATION OF THE CONTRACT (WHICH INCLUDES SUBSIDY AND PATIENT TRANSPORT REVENUE RELATED TO SUCH COALITION MEMBER) TO ETMC EMS. Such Coalition member agrees that its termination or withdrawal from the Coalition irreparably harms ETMC EMS and knowingly and specifically agrees that its agreement to make ETMC EMS whole as the result of such termination or withdrawal is an essential provision in this Agreement. Such Coalition member agrees to the maximum extent permitted by law to hold harmless ETMC EMS from such loss of revenue and loss of subsidy. In the event such Coalition member refuses to reimburse ETMC EMS for such loss of revenue or loss of subsidy, ETMC EMS shall have all rights allowed by law to pursue money damages, including its attorneys' fees in seeking to collect such loss of revenue and subsidy from the Coalition Member. Additionally, the failure to pay such monies to ETMC EMS is a material breach of this Agreement and notwithstanding any other provisions to the contrary, ETMC EMS may terminate this Agreement upon sixty (60)days prior written notice, without penalty. 4.8 ETMC EMS shall have the exclusive right to bill and collect any third party payor or individual for services rendered by ETMC EMS, and for any transports rendered by the Coalition. Page 14 of 25 Contract for Paramedic Ambulance Services 4.9 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are growing rapidly and the need for future EMS services may arise in the future. ETMC EMS will periodically evaluate the services rendered and determine ETMC EMS's capability and performance. As the result of such evaluation, ETMC EMS may consider such information in evaluating the need to donate additional units or other alternatives to the Coalition as sound business practices would dictate, and as the Parties mutually agree. ARTICLE V INSURANCE AND INDEMNIFICATION ETMC EMS has determined it will self-insure in lieu of some of the insurance policy requirements set forth below. ETMC EMS represents and warrants that its self-insurance provisions are equal to, or greater than, the insurance coverage requirements below. A description of what insurance coverage has been self-insured, and the provisions, contact information, and requirements for claims are described and explained on the attached Exhibit E. 5.1 INSURANCE REQUIREMENTS. At all times during the term of this Contract and throughout any extension periods thereof, ETMC EMS shall obtain and pay all premiums for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition and the Medical Control Board as "additional insureds". ETMC EMS shall furnish the Coalition with an Accord Certificate of Insurance indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier shall give the Coalition thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to prohibit the use of a program of insurance being "self- insurance" as that term is normally used as being a formally organized system of covering risks or to be a limitation upon the insured as to the deduction it may cause to be provided in connection with any of its respective insurance policies. ETMC EMS's insurance coverage shall meet the following minimum requirements: a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. b. COMMERCIAL GENERAL LIABILITY. Commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence combined single limits (CSL) for all claims resulting from bodily injury (including death) and/or property damage arising out of the operations of the ambulance service authorized hereunder. c. AUTOMOBILE LIABILITY. The following coverage is required: (i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all Page 15 of 25 Contract for Paramedic Ambulance Services automobiles and including all owned, hired, or leased vehicles in an amount equal to or greater than the minimum liability limits required by law. (ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability in an amount equal to the liability limits set forth in Subsection b, immediately above. d. AMBULANCE LIABILITY. A policy covering the liability created by ambulance operation to a limit called for in Subsection b hereof. It is further understood that, due to the nature of this risk, it is presently necessary to obtain this coverage through the Assigned Risk Pool and that policy form must be accepted as offered. e. MALPRACTICE. Malpractice insurance in an amount not less than one million ($1,000,000) dollars for each claim. f. EXCESS LIABILITY INSURANCE UMBRELLA. Excess liability insurance umbrella policy providing two million dollars ($2,000,000) coverage per occurrence and four million dollars ($4,000,000) annual aggregate coverage in excess of all other liability policies prescribed herein. g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may be submitted to the Coalition. Satisfactory evidence that such insurance is at all times in full force and effect shall be furnished to the Coalition. h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or other termination of any policy of insurance required hereunder shall give the Coalition the right to revoke and terminate this Contract for ambulance service granted hereunder, unless another insurance policy complying with the provisions of this section shall be provided and be in full force and effect at the time of such cancellation or other termination. i. "OCCURRENCE" FORM REQUIRED. All coverage furnished hereunder shall be written on an "occurrence" basis) not a "claims made" basis, provided, however, a combination of "claims made" coverage and "extended reporting endorsement" ("tail coverage") for an indefinite period following expiration of this Contract shall be considered equivalent to "occurrence" coverage. Furthermore, nothing in this provision shall be construed as prohibiting partial self-funding of defined aspects of coverage, provided self-funding financial arrangements and risk-management aspects are approved by the Coalition, which approval shall not be unreasonably withheld. 5.2 INDEMNIFICATION. ETMC EMS covenants and agrees that it will indemnify and hold harmless the Coalition, and each Member Jurisdiction and their officers and employees, from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by ETMC EMS during the performance of this Contract, except that neither ETMC EMS, East Texas Medical Center Regional Healthcare System, nor any of their subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from Page 16 of 25 Contract for Paramedic Ambulance Services the negligence of the Coalition, or any Member Jurisdiction or any of their officers, agents, representatives or employees. ARTICLE VI MAJOR DEFAULT & REPLACEMENT PROVISIONS 6.1 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a major default by ETMC EMS shall include but not be limited to the following: a. Supplying to the Coalition during the contracting process, false information or information so incomplete as to effectively mislead; b. Willful falsification of data supplied to the Coalition or to the Medical Control Board during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, response time data, financial data, or willful downgrading of presumptive rim code designations or deliberate omission of any other data required under this Contract; c. Deliberate and unauthorized scaling down of operations to the detriment of performance during a "lame duck" period; or any other period of the term; d. Failure to maintain equipment in accordance with generally accepted maintenance practices; or to provide supplies and equipment within required standards; e. Willful attempts by ETMC EMS to intimidate or otherwise punish non-management employees who desire to interview with or to sign contingent employment agreements with successful bidders following a subsequent bid cycle; f. Chronic and persistent failure of ETMC EMS's employees to conduct themselves in a professional and courteous manner and to present a professional appearance; g. Failure by ETMC EMS to cooperate with and assist the Coalition in its transfer of ETMC EMS's operations after a major default has been declared by the Coalition, as provided for in 6.2, next, even if it is later determined that such default never occurred or that the cause of such default was beyond ETMC EMS's reasonable control; h. Failure to substantially and consistently meet or exceed the System Standards of Care, or the various clinical and/or response time standards required hereunder; i. Intentional over billing in violation of provisions of this Contract. j. Failure to maintain at all times the insurance, self-insurance, and indemnification requirements of Article V, and the performance bond of Section 6.6. 6.2 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the Page 17 of 25 Contract for Paramedic Ambulance Services event the Coalition determines that a major default has occurred, and if the nature of the default is, in the opinion of the Coalition, such that public health and safety are endangered, ETMC EMS shall be given written notice specifying the particular complaints and identifying them as appropriate by date, place, etc. with a reasonable opportunity (defined as 72 hours for deficiencies dangerous to public health and safety and thirty (30) days for any other deficiencies) to correct said deficiency. In the event ETMC EMS fails to correct said deficiency within the time as set forth above, ETMC EMS may thereafter be found to be in default(as set forth in Section 6.3). In such event, ETMC EMS shall cooperate with the Coalition to effect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalitions responsibilities as set forth in Section 6.3. 6.3 MAJOR DEFAULT. In the event of a major default and the failure to cure same as set forth in Section 6.2, ETMC EMS shall transfer its responsibilities within seventy-two (72) hours thereafter upon such finding of a major default by the Coalition. Notwithstanding the foregoing, ETMC EMS does not waive its rights to challenge such declaration and may dispute such issue in a court of law and, if successful, recover all its damages as allowed by law. 6.4 DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the Coalition declares ETMC EMS to be in major default on grounds other than performance deficiencies dangerous to public health and safety, ETMC EMS may dispute and legally resolve the Coalition's claim of major default prior to transfer of ETMC EMS's operations by the Coalition. 6.5 "LAME DUCK" PROVISIONS. Should ETMC EMS fail to prevail in a future procurement cycle, the Coalition shall obviously depend upon ETMC EMS to continue provision of all services required under this Contract until the new contractor assumes service responsibilities. Under these circumstances, ETMC EMS would, for a period of several months, serve as a "lame duck" contractor. To ensure continued performance fully consistent with the requirements of this Contract throughout any such "lame duck" period,the following "lame duck" provisions shall apply: a. Throughout such "lame duck" period, ETMC EMS shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent contract to a competing firm; b. ETMC EMS shall make no changes in methods of operation that could reasonably be considered to be aimed at cutting ETMC EMS's service and operating costs to maximize profits during the final stages of this Contract; and, c. The Coalition recognized that, if a competing firm prevails in a future procurement cycle, ETMC EMS may reasonably begin to prepare for transition of service to the new contractor during the "lame duck" period, and the Coalition shall not unreasonably withhold its approval of ETMC EMS's requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so Page 18 of 25 Contract for Paramedic Ambulance Services long as such transition activities do not impair ETMC EMS's performance during the "lame duck" period and so long as such transition activities are prior-approved by the Coalition. 6.6 PERFORMANCE BOND. ETMC EMS shall provide, at its choice, either a One- Hundred Thousand Dollar ($100,000) Performance Bond, a letter of credit, or other security in the same One Hundred Thousand Dollar amount in a form acceptable to the Coalition. It will be made payable to the Coalition by ETMC EMS, in order to guarantee performance of ETMC EMS's performance under this Agreement. The Coalition may request proof of insurance (bond), or proof of the current validity of the other securities, if used by ETMC EMS, at reasonable times during the term of this agreement. ARTICLE VII TERM AND RENEWAL 7.1 TERM OF AGREEMENT. This contract shall be for a period of five (5) years beginning October 1, 2003 ("Initial Term"). 7.2 RENEWAL TERMS. CONTRACT will automatically be renewed for an additional five (5) year extension. Either party shall have the right to terminate this contract at the end of the Initial Term by providing the other party with three hundred sixty five (365) days written notice prior to such date. 7.3 A member of the Coalition may withdraw at the end of the first term of this Agreement, without cost or penalty to the withdrawing member, or the Coalition. The appropriate subsidy and service by ETMC to the remaining Coalition members would be calculated on the services needed by the remaining Coalition members, without regard to those which were required by the departing Coalition member. ARTICLE VIII REPORTS 8.1 RESPONSE TIME COMPLIANCE. Within ten (10) days after the close of each calendar month, ETMC EMS shall provide to the Coalition an accounting of response time performance relative to transports for ambulance service originating within that jurisdiction. ARTICLE IX GENERAL PROVISIONS 9.1 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by ETMC EMS in the performance of work under this Contract shall be competent and Page 19 of 25 Contract for Paramedic Ambulance Services holders of appropriate permits in their respective trades or professions. The Coalition may demand the removal of any person employed by ETMC EMS who chronically misconducts himself or is chronically incompetent or negligent in the due and proper performance of his duties, and such person shall not be reassigned by ETMC EMS for production of services under this Contract without the written consent of the Coalition, provided, however, that the Coalition shall not be arbitrary or capricious in exercising its rights under this provision, and shall be required to document in writing the specific reasons for exercising rights relative to any given employee, and shall also give that employee an opportunity to defend himself in the presence of ETMC EMS's chief executive officer and Medical Director and the Directors of the Coalition's governing board prior to removal. None of the provisions in this section, nor in this Agreement, shall be construed as the Coalition having any direct control over the employees of ETMC. 9.2 PERMITS & LICENSES. ETMC EMS shall be responsible for obtaining all necessary permits and licenses required for initiation and completion of its work under this Contract. 9.3 ASSIGNMENT. ETMC EMS will have the right to assign this Agreement to any related or affiliated entity of the East Texas Medical Center Regional Healthcare System ("ETMCRHS") without any party's prior consent so long as ETMC EMC certifies that the insurance and indemnification provisions of Article V are met, or exceeded, by the Assignee. Otherwise, this Agreement shall not be assigned or transferred without the expressed written consent of the Coalition. Such written consent shall not be unreasonably withheld. In the event ETMC EMS is self-insured, the transfer of this Agreement to any party shall require the consent of the Coalition members, which consent shall not be unreasonably withheld. 9.4 RIGHTS AND REMEDIES NOT WAIVED. ETMC EMS agrees that the work specified in this Contract shall be completed without further consideration of the market rights provided for herein and that the acceptance of work and the payment of user fees and subsidy amounts (if any) shall not be held to prevent maintenance of an action for failure to perform such work in accordance with this Agreement. In no event shall payment by a Member Jurisdiction (if any such payments are made) hereunder constitute or be construed to be a waiver by the Coalition of any default or covenant or any default which may then exist on the part of ETMC EMS, and the making of such payment while any such default exists shall in no way impair or prejudice any right or remedy available to the Coalition with respect to such default. 9.5 ATTORNEY FEES. If either the Coalition or ETMC EMS institutes litigation against the other party to secure its rights pursuant to this Contract, the prevailing party shall be entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in addition to any other relief to which such party may be entitled. Page 20 of 25 Contract for Paramedic Ambulance Services 9.6 NON-DISCRIMINATION. ETMC EMS agrees as follows: a. ETMC EMS will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, disability, sex or age. ETMC EMS will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, disability, sex or age. Such action shall include, but not be limited to the following: (i) employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. ETMC EMS agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. ETMC EMS will, in all solicitations or advertisements for employees placed by or on behalf of ETMC EMS, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, disability, sex or age. 9.7 COMPLIANCE WITH LAWS. The services furnished by ETMC EMS under this Contract shall be rendered in substantially full compliance with applicable federal, state and local laws, rules and regulations. It shall be ETMC EMS's responsibility to determine which laws, rules and regulations apply to the services rendered under this Contract and to maintain compliance with those applicable standards at all times. 9.8 SEVERABILITY. In the event any provision hereunder is determined to be illegal, invalid or unenforceable under applicable law, said provision shall be deemed deleted from this Agreement as if never contained herein and the remainder of this Agreement shall remain enforceable. 9.9 HEADINGS. The Paragraph headings, articles, sections and captions contained in this Contract are solely for the convenience of the Parties and shall in no manner be construed as part of this Agreement. 9.10 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Texas, and, in the event of litigation with respect to this Agreement or any of its terms, venue shall rest in Collin County, Texas. 9.11 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, whether oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding unless in writing signed by all Parties. 9.12 AMENDMENT. This Agreement may be amended by a writing upon the agreement of both Parties so as to conform to the law or any changes in the law and/or regulations Page 21 of 25 Contract for Paramedic Ambulance Services applicable to the terms of this Agreement. If the Coalition or ETMC EMS refuses to amend the Agreement in accordance with this Section, such action shall be considered a breach of this Agreement and the Agreement may be terminated by ETMC EMS. 9.13 NO WAIVER. The failure of either party to insist at any time upon the strict observance of performance of any provision of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any right or remedy of such party or be construed as a waiver or relinquishment thereof with respect to subsequent defaults or breaches. Every right and remedy given by this Agreement to the Parties hereto may be exercised from time to time and as often as may be deemed expedient by the appropriate party- 9.14 INCORPORATION OF SCHEDULES. Schedule A, Uniform EMS Ordinance and Schedule B, Commitment to 1st Responder Support and Quality Care, Schedule C, Quality Improvement Program are expressly incorporated within this Contract as though written and contained directly within the text of this Contract. 9.15 CORRESPONDENCE. All notices hereunder by either Party to the other shall be in writing, delivered personally, by certified or registered mail (postage prepaid), return receipt requested or by overnight courier services (charges prepaid) and shall be deemed to have been duly given when delivered personally, when deposited in the United States mail or delivered to the overnight courier, addressed as follows below: 9.16 At the effective date of this Agreement, there are no employees of the Coalition, and none are currently contemplated. If to ETMC EMS: Anthony J. Myers, Vice President/COO East Texas Medical Center Emergency Medical Service P.O. Box 387 Tyler, Texas 75710 If to the Coalition: Attention: or to such other persons or places as either Party may, from time to time, designate by written notice to the other. A copy of all notices from ETMC EMS shall be provided by regular mail to the Mayors, and/or City Managers or City Administrators of each City and the County Judge. 9.17 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC EMS is acting Page 22 of 25 Contract for Paramedic Ambulance Services as an independent contractor with respect to the Coalition and neither ETMC EMS nor any ETMC EMS staff shall be considered employees of the Coalition. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide EMS services to entities and individuals other than the Coalition; and nothing in this Agreement shall be interpreted as limiting or restricting in any way ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the Parties hereto, and nothing herein shall authorize either Party to act as agent for the other, except to the extent herein provided. The Coalition shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes and benefits with respect to all Coalition personnel. Neither ETMC EMS nor any ETMC EMS staff shall be subject to any Coalition policies solely applicable to the Coalition's employees or be eligible for any employee benefit plan offered by the Coalition. 9.18 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed to result, directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or other work interruptions by either Party's employees, or any other similar cause beyond the reasonable control of either Party. 9.19 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC EMS shall, in accordance with 42 U.S.C., §1395x (v)(I)(I) (Social Security Act §1861 (v)(I)(I) and 42 C.F.R., Part 420, Subpart D, §420.300, et seq., until the expiration of four (4) years after the furnishing of Medicare reimbursable Services pursuant to this Contract, upon proper written request, allow the Comptroller General of the United States, the Department of Health and Human Services and their duly authorized representatives access to this Agreement and to ETMC EMS's books, documents and records (as such terms are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of costs of Medicare reimbursable Services provided under this Contract. In accordance with such laws and regulations, if Medicare or Medicaid reimbursable services provided by ETMC EMS under this Contract are carried out by the means of a subcontract with an organization related to ETMC EMS, and such related organization provides the services at a value or cost of $10,000 or more over a twelve (12) month period, then the subcontract between ETMC EMS and the related organization shall contain a clause comparable to the clause specified in the preceding sentence. No attorney-client, accountant-client or other legal privilege shall be deemed to have been waived by ETMC EMS or the Coalition by virtue of this Contract. 9.20 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Contract may not be amended or modified except by mutual written agreement. Page 23 of 25 Contract for Paramedic Ambulance Services 9.21 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare, any other payor or any other federal, state or local government or agency passes, issues or promulgates any law, rules, regulation, standard or interpretation, or any court of competent jurisdiction renders any decision or issues any order, at any time while this Agreement is in effect, which prohibits, restricts, limits or in any way substantially changes the method or amount of reimbursement or payment for Services rendered under this Agreement, or which otherwise significantly affects either Party's rights or obligations here under, either Party may give the other notice of intent to amend this Agreement to the satisfaction of both Parties, to compensate for such prohibition, restriction, limitation or change. If this Agreement is not so amended in writing within ten (10) days after said notice was given, this Agreement shall terminate as of midnight on the tenth(10th) day after said notice was given. 9.22 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be herein specifically provided to the contrary, whenever this Agreement requires any consent or approval to be given by either Party, or either Party must or may exercise discretion, the Parties agree that such consent or approval shall not be unreasonably withheld or delayed, and such discretion shall be reasonably exercised in good faith. 9.23 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of third parties or enforceable by any third party. Except as provided above, any agreement to pay an amount and any assumption of a liability herein contained, expressed or implied, shall only be for the benefit of the Parties hereto and such agreement or assumption shall not inure to the benefit of any third party, including an obligee. 9.24 PARAMEDIC SKILL LEVELS. Effective October 1, 2003, ETMC EMS Paramedic skill levels will be implemented as follows: a. Texas State EMS-P Certification b. Basic Trauma Life Support or equivalent c. Driver Training d. Advanced Cardiac Life Support e. Advanced-Pediatric Emergency Care or equivalent 9.25 TERMINATION OF CONTRACTS. In the event any of the Member Jurisdictions signing below as a principal of this Contract have individual contracts with East Texas Medical Center Emergency Medical Service for ambulance service as of the Commencement Date of this Agreement, such contractual arrangements and agreements shall terminate contemporaneously with the execution of this Agreement. Page 24 of 25 Contract for Paramedic Ambulance Services 9.26 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is effective as of October 1, 2002, when signed by all Parties. City of Lavon, Texas East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service Mayor Date Printed Name: Anthony J. Meyers, V/P Date City of Lucas, Texas City of Murphy, Texas Mayor Date Mayor Date Printed Name: Printed Name: City of St. Paul, Texas City of Wylie, Texas Mayor Date Mayor Date Printed Name: Printed Name: City of Parker, Texas Mayor Date Printed Name: Collin County, Texas Ron Harris Date County Judge Page 25 of 25 Contract for Paramedic Ambulance Services CITY OF WYLIE Item No. 9. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 6/28/05 Originating Department: Fire Department Prepared By: Shan English Account Code No. #: Date Prepared: June 2, 2005 Budgeted Amount: No Cost Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of an Ordinance establishing a Local Comprehensive Emergency Management Plan. RECOMMENDED ACTION: Staff recommends approval of the city ordinance establishing a Comprehensive Emergency Management Program. SUMMARY: Ordinance No. 91-16, from 1991, puts the City of Wylie under an interjurisdictional plan for Collin County. According to the Texas Department of Public Safety Division of Emergency Management's Local Emergency Management Planning Guide (DEM 10), cities that have their own 24-hour warning point and have their own local emergency management programs should have a plan that stands alone from the county. The ordinance has been evaluated and amended by the city attorney. The City of Wylie should have a comprehensive emergency management that is independent of Collin County according to DEM 10. A copy of the recommended ordinance is attached. This came from a template created by the state to establish an emergency management program. Also attached is a copy of the 1991 ordinance stating that the City of Wylie is in an interjurisdictional emergency management program with Collin County. No financial cost to the City of Wylie. APPROVED BY: Initial Date Department Director: SE \ 6/2/05 City Manager: MB,e \ .1013/cu- 1 ORDINANCE NO. AN ORDINANCE ESTABLISHING A PROGRAM RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICS; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE, TEXAS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; REPEALING CITY OF WYLIE ORDINANCE NO. 91-16; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVER ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie finds that the identification of potential hazards and the prevention or mitigation of their effects must be an ongoing concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management Plan, and the means for its implementation, for the protection of lives and property in the City of Wylie from natural or man-caused disasters, technological emergencies, terrorism or threat thereof is immediately essential; and WHEREAS, the City Council finds that the Comprehensive Emergency Management Plan and Program will be in compliance to all federal and state policies and laws governing emergency management and related disciplines and will also be National Incident Management System (NIMS) compliant; and WHEREAS, the City Council further finds that in times of disasters or emergencies, which may imperil the safety of the inhabitants of the City or their property, it becomes necessary to effectuate and place into operation the preconceived guidelines and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; and WHEREAS, the City Council finds that Ordinance No. 91-16 should be repealed and replaced by this Ordinance. Ordinance#2005- Comprehensive Emergency Mgt.Plan 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. ORGANIZATION There exist the office of Emergency Management Director of the City of Wylie, which shall be held by the Mayor in accordance with State Law. (a) The Office of Emergency Management is located within the Fire Department. (b) The Fire Chief will appoint an Emergency Management Program Coordinator with concurrence of the City Manager and the Mayor. (c) The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. (d) The Emergency Program Coordinator shall manage the coordination of the day-to-day aspect of the program on behalf of the Mayor and City Manager. (e) The operational Emergency Management organization of the City of Wylie shall consist of the officers and employees of the City so designated by the Director in the Emergency Management Plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan. (f) The City Manager shall act as the Emergency Operations Center(EOC) Controller during its activation. Section 2. EMERGENCY MANAGEMENT DIRECTOR — POWERS AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Surveying actual or potential hazards, which threaten life and property within the City, and identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazard if a major disaster or emergency did occur. (b) Supervision of the development and approval of an emergency management plan for the City, and shall recommend for adoption by the City Council all Ordinance#2005- Comprehensive Emergency Mgt. Plan 2 mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) Issuance of necessary proclamations, regulations, or directives, which are necessary for carrying out the purpose of this Ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (e) Direction and control of the operations of the City of Wylie Emergency Management organization as well as the training of Emergency Management personnel. (0 Determination of all questions of authority and responsibility that may arise within the Emergency Management organizations of the City. (g) Maintain liaison with other municipal, County, State, regional or federal Emergency Management organizations. (h) Marshaling and deploying of all necessary personnel, equipment, or supplies from City departments to aid in the carrying out of the provisions of the Emergency Management Plan. (i) Supervision of the drafting and execution of mutual aid agreements and memorandum of understanding in cooperation with the representatives of the State and of other local political subdivisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County- wide coordination of Emergency Management efforts. (j) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions, which may be offered for the purpose of improving Emergency Management within the City. (k) Authorizing agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. Ordinance#2005- Comprehensive Emergency Mgt. Plan 3 (1) Surveying the availability of existing personnel, equipment, supplies, and services that could be used during a disaster or major emergency, as provided for within. (m) Other requirements as specified in the Texas Disaster Act, Chapter 418, Texas Government Code. Section 3. EMERGENCY PROGRAM COORDINATOR — DUTIES AND RESPONSIBILITIES The duties and responsibilities of the Emergency Program Coordinator shall include the following: (a) The day-to-day responsibility of managing the Emergency Management Program and activities, which includes coordinating all aspects of the City mitigation, preparedness, response, and recovery capabilities. (b) Coordinate resources from all sectors before, during, and after an emergency. (c) Manage activities relating to mitigation, preparedness, response, and recovery. (d) Ensure that all components of the emergency management program: (i) Are aware of potential threats to the City; (ii) Participate in mitigation and prevention activities; (iii) Plan for emergencies using an all-hazard approach; (iv) Operate effectively in emergency situations; and (v) Conduct effective recovery operations after a disaster. (e) Coordination of all components of the City Emergency Management Program including volunteers and voluntary organizations as well as other groups involved in emergency activities. (f) Coordination of the planning process and working cooperatively with organization and government departments. (g) Advising and informing the Mayor and City Manager about emergency management activities. (h) Identifying and analyzing the potential effects of hazards that threaten the City. (i) Taking inventory of staff, personnel and material resources from private sector sources that would be available in an emergency. Ordinance#2005- Comprehensive Emergency Mgt. Plan 4 (j) Identifying resource deficiencies and working with appropriate officials on measures to correct such deficiencies. (k) Developing and carrying out public awareness and education programs. Section 4. MOVEMENT OF PEOPLE (a) The Mayor, or designee may recommend the evacuation of all or part of the population from a stricken or threatened area in the City if the Mayor considers the action necessary for the preservation of life or disaster mitigation, response, or recovery. (b) The Mayor, or designee may prescribe routes, modes of transportation, and destinations in connection with an evacuation. (c) The Mayor, or designee may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area. Section 5. RESTRICTED SALE AND TRANSPORTATION OF MATERIALS The Mayor or designee may suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. Section 6. DECLARATION OF A LOCAL DISASTER (a) The Mayor may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven (7) days except with the consent of the City Council. (c) A proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) A declaration of local disaster activates the recovery and rehabilitation aspects of the City Emergency Management Plan and authorizes the furnishing of aid and assistance under the declaration. The preparedness and response aspects of the Emergency Management Plan and its annexes are activated as provided in the Emergency Management Plan. (e) Acts enumerated in the declaration of local disaster shall have the full effect of law as may be ordained by the City Council. (0 The declaration of a local disaster may provide provisions to: (1) Close public streets, reroute traffic and restrict vehicle usage of specific streets. Ordinance#2005- Comprehensive Emergency Mgt. Plan 5 (2) Close geographic areas of the City and limit ingress and egress to these areas to emergency response services. (3) Evacuate specific geographic areas, specify routes of egress and deny access to such areas. (4) Establish curfews for specific geographical areas. (5) Limit or restrict the usage of water and public utilities in a specific area. (6) Establish rationing of critical resources. (7) Implement wage, price and rent controls. (8) Forbid the sale of hazardous materials. (9) Forbid the sale of alcoholic beverages. (10) Forbid the sale of firearms and ammunition. (11) Prohibit such other specific acts or conduct necessary to ensure the public safety and welfare. Section 7. STATE DECLARATION OF A STATE OF EMERGENCY The Mayor may request the Governor to declare a state of emergency. Section 8. STATE AND FEDERAL AID On the determination that the City has suffered a substantial loss of tax and other revenue from a major disaster or emergency and has demonstrated a need for financial assistance to perform its governmental functions, the Mayor may apply to the State and Federal governments for a loan, grant or other financial aid or assistance. Section 9. EMERGENCY MANAGEMENT PLAN AND ANNEXES A Comprehensive Emergency Management Plan shall be developed and maintained in a current state of readiness at all times. The basic plan shall set forth the form of the organization and its concept of operations; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. The Comprehensive Emergency Management Plan should also be compliant with all state Ordinance#2005- Comprehensive Emergency Mgt. Plan 6 and federal laws, as well as being NIMS compliant. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The Emergency Management Plan and annexes shall have the effect of law during the time of a major disaster or emergency. Section 10. OVERRIDE At all times when the orders, rules, and regulations made and promulgated pursuant to this Ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulation insofar as the latter may be inconsistent therewith. Section 11. LIABILITY This Ordinance is an exercise by the City of its governmental functions for the protection of public peace, health, and safety and neither the City of Wylie, its officers, agents, employees and representatives of the City, nor any individual, receiver, firm, partnership, entity, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule, or regulation promulgated pursuant to the provision of this Ordinance shall be liable for any damages sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Wylie a license or privilege, or otherwise permits the City to inspect, designate, and use the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice, enemy attack or natural or man-made emergency or disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. Section 12. COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this Ordinance without prior approval of the City Council, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval of the City Council or City Manager during a declared disaster or state of emergency. During a declared disaster or state of emergency, the Mayor may expend and/or commit public funds of the City when deemed prudent and necessary for the protection of health, life, and property. Section 13. OFFENSES; PENALTIES (a) It shall be unlawful for any person willfully to obstruct, hinder, interfere or delay any member of the Emergency Management organization in the enforcement of any order, directive, rule or regulation issued pursuant to this Ordinance. Ordinance#2005- Comprehensive Emergency Mgt. Plan 7 (b) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of Wylie, unless authorized to do so has been granted to such person by the proper officials. (c) Any person, firm, corporation, association, business or entity violating this Ordinance or any order, directive, rule or regulation issued pursuant to this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding One Thousand Dollars ($1,000.00) or confinement of up to One Hundred Eighty (180) days. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 14. SEVERABILITY Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentences, clauses and phrases be declared unconstitutional or invalid. Section 15. LIMITATIONS This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. Section 16. SAVINGS/REPEALING CLAUSE All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Section 17. REPEAL OF WYLIE ORDINANCE NO. 91-16 Wylie Ordinance No. 91-16 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 91-16 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance NO. 91-16 occurring before the effective date of this Ordinance. Ordinance#2005- Comprehensive Emergency Mgt. Plan 8 Section 18 EFFECTIVE DATE This Ordinance shall become effective from and alter its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th day of June, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance#2005- Comprehensive Emergency Mgt. Plan 9 • CERTIFICATE I certify this tc be a trueyand correct / Copy of he oriy1r1z9 rent. ORDINANCE NO. 7 / i yzc,�... By'- y,'ec etary AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE WHEREAS, the City Council of the City of Wylie finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property in the City of Wylie from natural or man- caused disasters or treat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of .disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 ORGANIZATION There exists the office of Emergency Management Director of the City of Wylie, which shall be held by the Mayor in accordance with State Law. (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; (b) The Director shall be tK.:sponsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director 1 (c) The operational Emergency Management organization of the City of Wylie shall consist of the officers and employees the City so designated by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. SECTION 2 EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Conduct an on-going survey of actual or potential hazards which threaten life and property within the City and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (b) Supervision of the development and approval of an emergency management plan for the City of Wylie, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (e) Direction and control of the operations of the Wylie Emergency Management organization as well as the training of Emergency Management personnel. (f) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (g) Maintenance of liaison with other Municipal, County, District, State, Regional or Federal Emergency Management organizations. (h) Marshaling of all necessary personnel, equipment, or supplies from any department of the City to aid in the carrying out of the pro-visions of the emergency management plan. (i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political subdivisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County-wide coordination of Emergency Management efforts. yl (j) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. (k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel, equipment, and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in the Texas Disaster Act of 1975, Vernon's Texas Codes Annotated, Government Code Chapter 418. SECTION 3 - EMERGENCY MANAGEMENT PLAN A Comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster. SECTION 4 - INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judge of the County of Collin and the mayors of the other cities in said County in the formation of an interjurisdictional emergency management program for the County of Collin, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County-wide program of emergency management insofar as said program may affect the City of Wylie. SECTION 5 - OVERRIDE At all times when the orders, rules and regulations, made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. SECTION 6 - LIABILITY This ordinance, is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Wylie, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Wylie a license of privilege, or otherwise permits the City to inspect, designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. SECTION 7 - COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and or commit public funds of the City when deemed prudent and necessary for the protection of health, life or property. SECTION 8 - OFFENSES; PENALTIES (a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. (b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of Wylie, unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. (d) Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed One Thousand Dollars ($1,000) . SECTION 9 - SEVERABILITY If any portion of this ordinance shall, for any reason, be declared invalid such, invalidity shall not affect the remaining provisions thereof. SECTION 10 - LIMITATIONS This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. SECTION 11 - REPEALER All ordinances, parts of ordinances, or resolutions in conflict wherewith are expressly repealed. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS this the 10th day of September, 1991. 4`/ � �,G John W. Akin, Mayor City of Wylie, Texas ATT- '. Olimmullotto it ill 4 ....6.0" altWai Ocj < c\' C.o . ' 'es, "it ecre ary ( ( 5AL ,JAPPROVS10FO St e P. leite fr Ci rttorney CITY OF WYLIE Item No. 10. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Fire Department Prepared By: Shan English Account Code No. #: Date Prepared: 6-2-05 Budgeted Amount: No cost Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of a Resolution adopting the implementation of the National Incident Management System (NIMS) for the City of Wylie. RECOMMENDED ACTION: Staff recommends approval of the city resolution adopting the implementation of NIMS. SUMMARY: Homeland Security Presidential Directive 5 establishes the system as the national standard and the National Commission of Terrorist Attacks recommended the adoption of a standardized Incident Command System. Communities are federally required to be NIMS compliant by 2006. The City of Wylie should have a resolution adopting NIMS. By fiscal year 2006 it is federally required that communities be NIMS compliant. A copy of the recommended resolution is attached. This came from a standard template adopted from the North Central Texas Council of Governments. No financial cost to the City of Wylie. APPROVED BY: Initial Date Department Director: SE \ 6/2/05 City Manager: M82 \ 6-/ 3,64- 1 RESOLUTION NO.2005-21(R) A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, ADOPTING THE IMPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM FOR THE CITY OF WYLIE. WHEREAS, United States President George W. Bush in Homeland Security Presidential Directive-5 ("HSPD-5") directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System ("NIMS"), to provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for,respond to,and recover from domestic incidents,regardless of cause, size or complexity;and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS,it is necessary that all federal,state, local,and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;and WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures,uniform personnel qualification standards,uniform standards for planning,training,and exercising, comprehensive resource management,and designated incident facilities during emergencies or disasters;and WHEREAS, the NIMS standardized procedures for managing personnel communications, facilities, and resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness,maintain first responder safety,and streamline incident management processes;and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks ("9-11 Commission") recommended adoption of a standardized Incident Command System; NOW THEREFORE,BE IT RESOLVED by the City Council of Wylie,Texas,that the National Incident Management System(NIMS)is hereby adopted to be utilized for all emergency incident management in the City of Wylie, Texas. The City Council further directs the City's Department of Public Safety to train all public safety response personnel and supervisors in the use of NIMS. The City Council further directs that this resolution take effect immediately. DULY PASSED AND APPROVED this the 28th day of June, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-21(R) National Incident Management System CITY OF WYLIE Item No. 11 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 6/28/05 Originating Department: Fire Department Prepared By: Shan English Account Code No. #: Date Prepared: 6-2-05 Budgeted Amount: No Cost Exhibits: Statement of Agreement AGENDA SUBJECT: Consider and act upon approval of the Statement of Agreement between the American Red Cross Dallas Area Chapter and the City of Wylie. RECOMMENDED ACTION: Staff recommends approval of the statement of agreement with the Red Cross-Dallas Area Chapter and the City of Wylie. SUMMARY: The federal government has established the Red Cross as Emergency Service Function 6 to help in response to disasters. They were also chartered by Congress as the primary disaster relief agency in the United States. The Red Cross will provide training for volunteers and background checks free of charge to the city. The City of Wylie should have a Statement of Agreement with the Red Cross to provide shelters and other services during a disaster. A copy of the recommended Statement of Agreement is attached. This came from the American Red Cross- Dallas Area Chapter. The Red Cross has been designated as Emergency Service Function 6 per the federal government. No financial cost to the City of Wylie. The Statement of Agreement has been evaluated and amended by the City of Wylie's attorney. APPROVED BY: Initial Date Department Director: SE \ 6/2/05 City Manager: /nB,Q \ s/as/r 1 STATEMENT OF AGREEMENT BETWEEN THE AMERICAN RED CROSS -DALLAS AREA CHAPTER AND THE CITY OF WYLIE I. Purpose This statement defines methods of cooperation and coordination between the American Red Cross—Dallas Area Chapter, and the City of Wylie, Texas relative to disaster preparedness and disaster operations. II. Responsibilities 1. The City of Wylie: The City of Wylie, (herein referred to as The City) will endeavor to protect the public and to preserve life and property through specific disaster preparedness activities and by conducting and coordinating actual disaster relief operations. 2. The American Red Cross — Dallas Area Chapter: Through its Emergency Planning, Emergency Preparedness and Emergency Response and Recovery programs, the American Red Cross — Dallas Area Chapter, (herein referred to as Red Cross) maintains its capability to take immediate action to provide emergency assistance to any number of people affected by, and emergency workers involved in, disaster or the threat of disaster. Individuals and families who suffer from the effects of disaster may have immediate disaster-caused needs and/or may lack sufficient resources to begin their recovery phase. In times of disaster,the needs of people can be identified by: • Emergency Assistance - those of such an urgent need that they must be met immediately. • Additional Assistance — those that can be met after appropriate planning has been undertaken by the family and the Red Cross. In conducting its disaster relief services, the Red Cross represents all people and extends aid in an equitable and impartial manner. All Red Cross disaster relief assistance is an outright grant made possible by voluntary donations of time and money from the American people. Disaster victims are responsible for their own recovery, and Red Cross assistance is provided to facilitate and support disaster victims in their recovery. Assistance is based upon addressing disaster-caused need according to the following criteria: • Resumption of more normal living • Verification of immediate need • Identification • Disaster-caused damage Page 1 of 6 The Red Cross disaster relief service is delivered in three phases (where applicable): • Emergency Mass Care Response — The period where shelters are opened for evacuees, mass feeding is provided, damage assessments are conducted, and bulk distribution of relief supplies are provided for disaster victims. • Emergency Assistance Response — The period when individuals and families received Red Cross assistance on an individual basis to address their disaster- caused emergency needs. • Additional Assistance Response — When government assistance and other resources are not available to an individual or family, or when such assistance is not adequate to meet disaster-caused needs, the Red Cross may partner with other agencies to provide additional assistance on an individual case-work basis. Assistance may include disaster relief funds made available through an American Red Cross Client Assistance Card (cash enabled debit card), and/or Disbursing Order (similar to Purchase Order) for food, clothing, temporary shelter, cooking and eating utensils, bedding supplies, cleaning supplies, linens, and other basic needs. In doing so, the Red Cross utilizes all available resources, including those of the family, if they can be used without causing undue hardship; the resources of federal, state, and local government, and private agencies' disaster relief capabilities, in addition to the resources of the Red Cross. The Red Cross provides disaster welfare inquiries from relatives outside the disaster area, inquiring about their family members that may have been affected by disaster. The Red Cross refers families to available governmental resources and, if necessary, assists families in making application for such aid. Whenever possible, Red Cross assistance is channeled through normal commercial establishments in the community in an effort to help restore the disrupted local economy. All Red Cross help to the disaster victims is an outright grant. No repayment is required or requested. No Red Cross disaster supplies are sold. III. Legal Authorities 1. The City conducts its disaster preparedness and operations activities under these authorities: A. Robert T. Stafford Disaster Relief and Emergency Assistance Act, (as amended)42 U.S.C. 5121. B. Texas Government Code, Chapter 418 (Emergency Management) and Chapter 421 (The Homeland Security Act of 2003). C. City Authority (if any): Ordinance 91-16. Page 2 of 6 2. The Red Cross conducts its Emergency Planning, Emergency Preparedness, and Emergency Response and Recovery operations activities under these authorities: In providing disaster relief,the Red Cross has both a legal and a moral mandate that it has neither the authority nor the right to surrender. The Red Cross has both the power and the duty to act in disaster, and our prompt action is clearly expected and supported by the public. Red Cross authority to perform disaster services was formalized when the organization was chartered by the Congress of the United States in 1905. Among other provisions, this charter charged the Red Cross— to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the suffering caused by pestilence,famine, fire,floods, and other great national calamities, and to devise and carry on measures for preventing the same. -U.S. Congress, Act of January 5, 1905, as amended, 36 U.S.C. Red Cross authority to provide disaster services was reaffirmed in federal law in the 1974 Disaster Relief Act(Public Law 93-288) and in 1988 in the Robert T. Stafford Disaster Relief and Emergency Assistance Act. IV. Methods of Cooperation 1. Emergency Planning, Emergency Preparedness, Emergency Response and Recovery. A. In order to assure continuity in disaster planning, disaster preparedness, emergency response readiness, and any other Red Cross program or service, the Red Cross will seek representation from the City for its Community Liaison Committee (usually the City Emergency Management Coordinator or designee). Likewise,the City will seek Red Cross representation on its disaster planning body. B. The Red Cross and the City will share their written disaster plans. The Red Cross will provide to the City a digital/electronic copy of its most current Disaster Response Plan and its annexes. The digital/electronic copy will be mailed to the Emergency Management Officer/Coordinator and made available in Adobe Acrobat PDF format on CD. C. The City agrees to admit properly identified Red Cross personnel into the disaster impact area to provide Red Cross services. 2. Government Emergency Management Liaison A. During disaster operations, the City will provide space within its Emergency Operations Center for a Red Cross Government Emergency Management Liaison. Page 3 of 6 B. The Red Cross will assign a Government Emergency Management Liaison to the City's Emergency Operations Center or other command post. Specifically, the Government Emergency Management Liaison will perform as the Red Cross Mass Care, Shelter, Human Services Liaison for the City, and other applicable Red Cross activities during EOC Operations. During potential or actual Incidents of National Significance, the National Response Plan — Emergency Support Function #6 provides further detail on American Red Cross primary agency roles and responsibilities. 3. Emergency Mass Care A. Emergency Mass Care—This service involves the coordination of non-medical mass care services to include sheltering of victims, organizing feeding operations, providing emergency first aid stations at designated Red Cross Service Delivery Sites, collecting and providing information on victims to family members (Disaster Welfare Inquiry), and coordinating bulk distribution of emergency relief items. B. The City and the Red Cross will cooperatively conduct and maintain an inventory of all buildings which could potentially serve as mass care shelters. The City will identify and document facilities (shelter list) that are preferred mass care shelter sites (Parks and Recreation Centers, Schools, etc...). The Red Cross and The City will complete a Facility Use Agreement for the Use as Mass Care Shelters. This agreement specifically identifies the owner/operator of all city owned facilities identified as available Red Cross shelter facilities. The agreement will also identify facility use responsibilities, utility costs responsibilities, and other aspects of facility usage. The City and the Red Cross will also complete a Shelter Survey for each identified facility included in the Facility Use Agreement for the Use as Mass Care Shelters (a physical site visit by a Red Cross representative to complete a survey document about each facility). C. When the need for mass care shelters occur, the City and the Red Cross cooperatively designate one or more mass care shelter facilities based upon anticipated need. D. The Red Cross will retain administrative and financial control of the mass care activities it provides. The Red Cross will assign a shelter manager to each mass care shelter for this purpose and will assume responsibility for the cost of providing Red Cross shelter and feeding operations. 4. Disaster Damage Assessment A. The Red Cross and the City agree to exchange and share damage assessment information and to conduct assessments cooperatively to the extent possible. B. The City agrees to admit properly identified Red Cross personnel into the disaster impact areas for the purpose of conducting Red Cross disaster damage assessments. Page 4 of 6 5. Direct Assistance to Families A. The Red Cross provides direct assistance to disaster victims as defined in Section II Responsibilities, Paragraph 2 above. In carrying out any relief activities, the Red Cross will exercise administrative and financial control over its own operations. B. The City will assist the Red Cross in establishing disaster service centers (if Red Cross deems it necessary to open community disaster service centers during or after a disaster) by providing use of City owned facilities as available and requested. 6. Fund Raising: The Red Cross may initiate fund raising activities in the affected areas in accordance with existing fund raising ordinances and agreements. 7. Recurrent Local Disasters a. The City will notify the Red Cross (refer to Appendix A - Notification and Contact) of recurrent local disasters (such as house fires, multi-unit apartment fires, or other natural occurring or man made disasters, etc...) where families or individual(s)will require immediate assistance. b. The Red Cross will dispatch its Disaster Action Team to recurrent local disasters within two (2) hours of incident notification to meet the emergency needs of the affected families or individual(s). c. The Red Cross will, upon request, provide emergency canteen services to firefighters, and other emergency workers at the scene of recurrent local emergencies or disasters (includes extended law enforcement managed emergencies). 8. Notification and Contact, Modification and Cancellation (Reference Appendix A, attached hereto and incorporated as if fully set forth herein.) 9. Coordination and Planning of Assistance under Agreement The City hereby authorizes and directs its Emergency Management Coordinator and his or her staff, and Red Cross hereby authorizes and directs its designated officers or employee, to mutually plan for, establish, and coordinate the details of implementing and furnishing the services and assistance agreed to be provided in the Agreement. 10. Term, Amendment or Cancellation of Agreement This Agreement shall continue in effect until terminated by either party hereto, by such party giving the other party thirty days written notice (see Appendix A — Modification and Cancellation contact information). This Agreement's Appendix A shall be reviewed annually and modified as appropriate. Page 5 of 6 11. Mutual Responsibility and Preservation of Defenses The City agrees to and accepts full responsibility for the condition and maintenance of its premises, and the acts, negligence and/or omissions of all City's employees and agents, City's subcontractors and/or contract laborers in performing services under this Agreement with the Red Cross. The Red Cross agrees to and accepts full responsibility for negligence, of all Red Cross's employees and agents, performing services under this Agreement which result in Bodily Injury, Death, or Property Damage. It is further agreed that if a claim or liability should arise from the join or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas including, without limitations, the defense of governmental immunity and the limitations or liability imposed during times of disaster and emergency by applicable laws. 12. Severability In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. Endorsement The undersigned officers hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that the necessary ordinances, resolutions, orders or other actions extending said authority have been duly passed and are now in full force and effect and, by their signatures hereto, bind themselves to the faithful performance of this Agreement. City of Wylie,Texas American Red Cross Dallas Area Chapter Mark B. Roath Stephen Vetrano City Manager Chief Operating Officer American Red Cross Date Dallas Area Chapter Date Noe Flores Martin A.Nerren Asst. Fire Chief, Emergency Management Director, Emergency Planning Coordinator American Red Cross Dallas Area Chapter Date Date Page 6 of 6 STATEMENT OF AGREEMENT BETWEEN THE AMERICAN RED CROSS—DALLAS AREA CHAPTER AND THE CITY OF WYLIE Appendix A Notification and Contact,Modification and Cancellation I. Notification and Contacts 1. The City will alert the American Red Cross — Dallas Area Chapter McKinney Branch promptly of actual or potential disasters during normal business hours at: 972-562-0601 2. The City will alert the American Red Cross — Dallas Area Chapter promptly of actual or potential disasters after normal business hours at: (214) 678-4800, or(877) 505-4800 3. The Red Cross may contact the City's Emergency Operations Center (EOC)at 972-442-8181 A. The City Emergency Management Coordinator(EMC)may be reached during normal business hours at 972-461-2810. B. After normal business hours, the City Emergency Management Coordinator(EMC)may be reached at 214-325-4452 (cell). II. Modification and Cancellation This Agreement shall be reviewed annually and modified (requiring a revised agreement document to be agreed upon and endorsed) as appropriate. The Agreement may be cancelled by either party through written notice to the other by notifying the following persons at the following addresses: The City The Red Cross Mr. Noe Flores Martin A.Nerren Assistant Fire Chief and Director, Emergency Planning Emergency Management Coordinator American Red Cross—Dallas Area Chapter City of Wylie- City Hall 4800 Harry Hines Blvd. 2000 North Highway 78 Dallas, TX. 75235 Wylie, TX 75098 CITY OF WYLIE Item No. 12 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 6/28/05 Originating Department: Fire Prepared By: Shan English Account Code No. #: Date Prepared: 6/14/05 Budgeted Amount: $1.00 Annually Exhibits: Agreement & Sublease AGENDA SUBJECT: Consider and act upon an Interlocal Agreement between Wylie North East Water Supply Corporation and the City of Wylie for access to water towers for of radio communications equipment. RECOMMENDED ACTION: Approval of interlocal agreement allowing access for installation of communications equipment on water district owned water towers. SUMMARY: The City of Wylie Police and Fire Rescue department rely heavily on communication. Currently the Police and Fire department are operating with Mobile Data Computers (MDC) units in all first line apparatus. The system is securely and closely connected a wireless network Computer Aided Dispatch (CAD) center. The system provides public safety units in the field with vital access capabilities to information for performing day-to-day operations. Public Safety information is relayed via CAD to MDC's in the field and is available to units performing public safety functions. The system we are moving to install currently increases our interoperability and compatibility with technology and increases the effectiveness of public safety communications. This system requires a number of strategically located communication devices be installed and networked together to provide complete coverage of the entire public safety responses district of the City of Wylie. Due to the strategic locations of WNEWSC water towers in City of Wylie public safety response district areas, a request was made to access the local water district towers. Staff negotiated an agreement to install radio equipment specifically for MDC's for public safety dispatch. The towers are specifically located at Lakeway Drive,St Paul Collin County Texas Lots5 and 6B and 745 Parker Road, Wylie Texas 75098. The interlocal agreement costs for this access is $1.00 per year payable to WNEWSC. This agreement is attached and includes documentation; specifically an interlocal agreement with WNEWSC. APPROVED BY: Initial Date Department Director: SE \ 6/14/05 City Manager: i+1B2 \ 4/;3,& 1 1909 Memo Ta City of Wylie Council Members S• VPSS From: Steve Seddig, Fire Marshal CC: File Data 6/28/2005 Subject Council Agenda Item#12 The agenda Item#12 reference, the Interlocal agreement between the City of Wylie and the Wylie North East Water Supply Corporation (WNEWSC) document. At the WNEWSC Board meeting held on June 14, 2005, Board members voted to approve the agreement. However, the board requested some minor changes to the document. Regrettably, the changes have not been received to date. I request that this item be removed from the council agenda scheduled for June 28, 2005. 1 AGREEMENT TO PLACE ANTENNAS ON WATER TOWERS BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND WYLIE NORTHEAST WATER SUPPLY CORPORATION This Agreement to Place Antennas on Water Towers by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and Wylie Northeast Water Supply Corporation, a Texas nonprofit water supply corporation organized and operating under TEX. REV. Civ. ST. art 1434a (now Chapter 67, Texas Water Code) ("WNEWSC"), is entered into as of the date executed below ("Agreement"). WHEREAS, WNEWSC is a retail public utility which owns and operates a water utility system; WHEREAS, Wylie has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to acquire permission from WNEWSC to place antennas to be used for public safety wireless communications by Wylie; WHEREAS, Wylie is acquiring wireless routers for communications from Nexgen; WHEREAS, WNEWSC has investigated and determined that it would be advantageous and beneficial to WNEWSC to provide water tower access to Wylie. NOW THEREFORE, in consideration of the mutual covenants contained herein, Wylie and WNEWSC agree as follows: 1. Water Tower Use by Wylie. WNEWSC will provide Wylie access to its water towers listed below ("Facilities") for purposes of installing and maintaining Nexgen (or similar) wireless routers and related appurtenances to be used exclusively by Wylie for public safety wireless communications ("Communications Equipment"). No commercial use shall be permitted under this Agreement. Presently, WNEWSC has a water tower located at: a) Lakeway Drive, St. Paul Collin County, Texas, more particularly described as Lots 5 and 6B of Lakeway Business Park, an addition to City of St. Paul, Collin County, Texas, according to the final plat thereof recorded in the Plat Records of Collin County, Texas; and b) 745 Parker Road, Wylie, Texas 75098, being a 1.868± acre tract (Tr. 9) situated in the I. & G.N. RY. CO. SURVEY, Collin County, Texas. 2. Water Tower Access Provided. Wylie shall have the right, at its own expense, to install and maintain Communications Equipment on the Facilities in existence and under construction upon completion in a good and workmanlike manner that does not interfere with existing communication equipment, if any. All necessary access to the Facilities, whether underground or aerial, will be provided at each of the AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 1 F.\W9er Distncts\Wylie Northeast WSQQfy of Wylie 71237owa Lease AGREEMENTWater Tower Antenna WNEWSC(Draft 2RL).doc Facilities. Wylie shall submit a site plan and plans and specifications for WNEWSC approval of the location of the Communications Equipment at each Facility and such approval shall not be unreasonably withheld. Wylie shall have access to the Facilities Monday through Friday, 9:00 A.M. to 4:00 P.M. for purposes of performing maintenance on the Communications Equipment and shall have access 24-hours a day, 7-days a week for purposes of performing emergency maintenance on the Communications Equipment. Wylie shall notify WNEWSC by telephone prior to entering the Facilities. WNEWSC hereby grants Wylie a right of ingress, egress and access to the Facilities for the purpose of installing and maintaining Communications Equipment. 3. Standards. All work will be done according to applicable codes and regulations and approved plans. 4. Consideration. Wylie agrees to pay WNEWSC a sum of One Dollar ($1.00) per year, payable in full for the initial term of the lease upon execution by the parties. 5. Term. The initial term of this Agreement shall be for ten (10) years from the date of final execution. This Agreement shall automatically be extended for two (2) additional five (5) year terms, upon the same terms and conditions, unless one party notifies the other in writing of its intent not to renew at least ninety (90) days prior to the expiration of the existing term. Wylie has the right to remove the Communications Equipment at its sole expense on or before the expiration or earlier termination of this Agreement, and Wylie shall repair any damage to the Facilities caused by such removal. Upon the expiration or earlier termination of this Agreement, Wylie shall remove the Communications Equipment and repair any damage to the Facilities caused by such removal. 6. Termination. This Agreement may be terminated by WNEWSC upon ninety (90) days written notice if it is determined by WNEWSC that Wylie's use of Facilities causes substantial interference with WNEWSC's use of the above described property(ies) or Facilities in furtherance of its water utility system operations, or in any way prevents WNEWSC from complying with applicable rules or regulations of the Environmental Protection Agency or Texas Commission on Environmental Quality, or their successors. 7. Water Tank Maintenance. Upon at least thirty (30) days prior written notice, Wylie shall remove some or all of the Communications Equipment from the Facilities as necessary for WNEWSC to make repairs and/or to perform routine or scheduled maintenance on the Facilities, including painting the inside and/or outside of the Facilities. Upon completion of such repairs or maintenance, Wylie shall be permitted to reinstall the Communications Equipment removed. 8. Miscellaneous Provisions. a) Assignment. WNEWSC shall have the right to assign or transfer this Agreement, together with all right, title and AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 2 FtWater tIstrictslWylle Northeast WSCIChy of Wylie 71231Tcwer LeaseWGREEMENr-Water Tower Antenna WNEWSC(Draft 2RL).don interest in this Agreement, to any successor entity of WNEWSC at any time during the term of t lis Agreement, and any such assiionee shall acquire all of the rights and assume all of the obligations of WNEWSC under this Agreement. b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 3 F.\Water Districts\Wylie Northeast WSQQry of Wyhe 1123\TONer Lease\AGREEMENT-Water Tower Antenna WHEW SC(Craft 2RL(.doc are for the convenience of the parties and are not intended to be used in construing this document. j) Relationship of Parties. Participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. k) Sovereign Immunity. The parties agree that neither Wylie nor WNEWSC has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. I) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Wylie, to: City of Wylie Attn: City Manager and Fire Marshall 2000 N. Highway 78 Wylie, TX 75098 If to WNEWSC, to: Wylie Northeast WSC Attn: General Manager P.O. Box 1029 745 Parker Road Wylie, Texas 75098 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 4 F\Water Distnns\Wylie Nonheast WSQC1ry of Wylie 7123\Taxer LeaseWGREEMENT-Water Taxer Antenna WHEW SC(Daft 2RLI doc WYLIE NORTHEAST WATER SUPPLY CORP. By: Date: Name:Jimmy Beach Title: President STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared Jimmy Beach known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for Wylie Northeast Water Supply Corporation, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2005. Notary Public, State of Texas AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 5 F\W der Distncts\Wylie Northeast WSC\City of Wylie 7123\-raver LeasekAGREEMENT-Water Tower Antenna VVNEW SC(Draft 2RL).da CITY OF WYLIE, TEXAS By: Date: Name: Title: STATE OF TEXAS * COUNTY OF COLLIN * 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 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 day of 2005. Notary Public, State of Texas AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST WSC Page 6 F\Water DlstnotslWYbe Northeast WSC1Oty of Wylie 712311-o ver Lease\RGREEMENT-Water Tower Antenna WHEW SC(Draft 2RL)don CITY OF WYLIE Item No. 13. City Secretary's Use Only COUNCIL AGENDA ITEM Fire Department Council Meeting Of: June 28, 2005 Originating Department: Prepared By: Shan English Account Code No. #: 100-5231-58810 Date Prepared: 6/2/05 Budgeted Amount: $19,500.00 Exhibits: 1 AGENDA SUBJECT: Consider and act upon the approval of an Interlocal Agreement for Public Safety GIS Mapping between Collin County and the City of Wylie RECOMMENDED ACTION: Staff recommends approval of contract and fees. SUMMARY: The City of Wylie is rapidly growing creating an ever changing map base. Without a full-time GIS person constantly updating maps for emergency responses, it is necessary to contract outside the city for these services. Collin County's GIS Department has over thirteen years of experience creating, updating and managing spatial information. Collin County GIS proposes to support the City of Wylie by creating, managing and mapping specific spatial layers to aid in service to our constituents. The goal of this effort is to ensure the City of Wylie has the most current geographic information at their disposal. Collin County GIS plans to manage all of the data within their GIS database and provide wall maps, map books and web access to our departments and staff. Their proposal meets the basic requirements: Automate Wylie Fire Boxes and Police Reporting Grids Incorporate Fire Plugs (Hydrants) Update Base Map (25 E-size Maps) Provide Updated Map Books (36 Books) City of Wylie Will Own All Data(including maps and electronic data) Collin County Will Back-up Data APPROVED BY: Initial Date Department Director: SE \ 6/2/05 City Manager: Ma \ 4/a31•f 1 INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT, is made and entered into this 28th day of June, 2005, between the City of Wylie, a Municipality of the State of Texas (hereinafter "CITY") and COLLIN COUNTY, TX, a political subdivision of the State of Texas (hereinafter"COUNTY"),. WITNESSETH WHEREAS, both the CITY and COUNTY have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, it has been determined mutually beneficial to both Parties to execute this agreement which sets forth the parameters under which ; and WHEREAS, the County wants to ensure that the City has the most current geographic information at their disposal. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to set forth the parameters under which the County will provide GIS Services to the City to include creating, managing and mapping specific spatial layers to aid in service to the City constituents. Section 2. Effective Date/Term This Agreement shall take effect upon execution and shall automatically renew for successive one (1) year terms unless otherwise terminated as provided herein. 1 Section 3. Services Rendered County shall provide the following services to City: Services Hours Price Basic Requirements 1. Automating Fire/Police Boxes 2. Adding Hydrants 3. Updating Base Map (25 Wall maps - E- size) 158 $15,120.00 4. Providing Map Books (36 books) - includes staffing - includes mapping - includes support, updates &training PDF Interface Viewer - Optional 8 $512.00 Basic Interactive Web - Optional - includes MDC Viewer 18 $2,252.00 - includes web site reporting - includes support, updates & training Advanced Interactive Web - Optional - includes basic interactive web 24 $1,616.00 - includes advanced search tools TOTAL Solution 208 $19,500.00 - includes all of the above The extent of the work area will include the all of the Wylie Fire Boxes and Wylie Police Reporting Grids included within the entire Wylie Fire District. All of the work listed should take no longer than six (6) months to complete upon agreement. The fees above include a warranty period of six (6) months, during this period Collin County GIS will maintain and update the data created. Section 4. Responsibilities and Duties City will provide GPS data for the fire hydrants and data updates as required. 2 Section 5. Consideration 5.1 County shall invoice City on a time and materials basis. Invoices will be submitted to City upon 50% completion of work and the remainder to be invoiced at completion of work. 5.2 The fee for annual maintenance is $5,000 per fiscal year. This can be paid in whole at the beginning of year or in twelve (12) equal payments of$417.00 per month. Section 6. Maintenance County shall provide annual maintenance at the conclusion of the six (6) month warranty period, to include the following: Twelve (12) months of data updates, storage, web access & design along with a routine backup & recovery strategy of the work above. This also includes software upgrades, web upgrades, additional training and mapping (36 Map books, 25 Wall maps). Section 7. Breach/Opportunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 8. Termination This Agreement may be terminated by either party to this Agreement upon ninety (90) days written notice to the other party. In the event of such termination, County shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items, in electronic and hard copy format, prepared by 3 County in connection with this Agreement prior to County receiving final payment. The final payment made shall only be for services actually performed and not the entire contract amount. Section 9. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: CITY COUNTY City of Wylie Collin County Shan English Purchasing Agent 2000 N. Hwy. 78 200 S. McDonald, Ste 230 Wylie, TX 75098 McKinney, TX 75069 Section 10. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Section 11. Amendments This Agreement may be amended from time to time by written amendment by both Parties. Section 12. Remedies This Agreement shall be construed by and governed by the laws of the State of Texas. Any and all legal action necessary to enforce the Agreement will be held in Collin County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in 4 equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof Section 13. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 14. Severability In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15. Authority to Execute The individuals executing this Agreement on behalf of the respective parties below represent to each other 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 Section 16. Sovereign Immunity The parties agree that neither party has waived its sovereign immunity by entering into and performing its obligations under this Agreement. 5 Section 17. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. BY: BY: John Mondy, Mayor Ron Harris, County Judge City of Wylie Collin County ACKNOWLEDGMENT STATE OF TEXAS } } COUNTY OF COLLIN } This instrument was acknowledged before me on the 28th day of June, 2005 by John Mondy, Mayor of the CITY of WYLIE, on behalf of such corporation. Carole Ehrlich, Notary STATE OF TEXAS } } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of , 2005 by Judge Ron Harris of Collin County, Texas of on behalf of such corporation. Printed Name My Commission expires on the day of , 6 CITY OF WYLIE Item No. 14 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: June 10, 2005 Sign graphics, site plan, & Budgeted Amount: Exhibits: sign regulations AGENDA SUBJECT: Consider and act upon a request from D. R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 & Kreymer. RECOMMENDED ACTION: N/A SUMMARY: D. R. Horton Homes has requested the City Council's approval of an off premise temporary directional kiosk sign for the purpose of advertising the Avalon subdivision. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. Sign graphics and sign location have been changed from previous submittal which was denied on May 10,2005. All other requirements have been met. APPROVED BY: Initial Date Department Director: JB \ 6/10/05 City Manager: Md. \ 6/a3Ar 1 • Double -Patec1 19.50 in NEW HOMES sir . AVAL O N II R HORTON `7 f�is1er'ica;Jctila'er 120.00 in 9.50 in 72.00 in First Graphic Office:972-494-6199 Fax:972-494-9399 J Services, Inc. Gary©Firstgraphicservices.com DR Horton t Single•Faeed Blue Sign1O'x6' White CopY — 2'28O5 Avalon Wylie, TX Re u1 wo#5537q e d now You__ DR. k\orkvrJ S 16 0 Relve-s- /' LAVON LAKE LODGE aK1 N JNO.C.CAMPBELL SURVEY ''— I m / So1 A-239 LAVON;b LAKE LODGE#2 CI o m / W O // < N // au see Yrw�r4 /' Fw•SVN. e.,sr Ikk- 3� 5105.-1784 CO W E rr~ VA �//// — / BHRACEr, s ��1— /7 T 206 / $I V n ° 29 :a8, 1 LF"4.- e 8EE 8H6ET 3 '.. ✓ YRACY IIO> W S-IR-4.7 - :7 J O W 72 +72R 197 .i.01 t P.uFNHO OnST lac. ,,n/�rr' .ur. SO 4'.42-/505 n_77,a ,e• ,..E'',-27LAK, ,-. 4.4-r r 7 % Zf't4 �,4 .L'An,3A;C.,71, ,,... 2O4,4;'.5'cD52DK` ]Opl •Oe ,N RA,LWA+ �.`+ O ' 442,-nee�/ Ivv t /G.62Ac ' ♦‘ �r y .c', OO��'K ee• ?Co 1)0CJ mo SHEET 1' 71 •r 14gA1 V O 1 SHEET,3 <-/ Se WOODLAKE VILLAGE 1 J tO cc / 9 196 I.,,,,... C; F.... e �v/xxtJ C-e.2A W c.4 _ W N 6i-G52GAc. O NIYv..t 7 • _ ..., >,.x OM) .11u ..... 8H 78 60 ee4,,e3 e4 et, es 190.191 2 .II SNta.. J•' 50.'5' 340 V. oARA,'Co4 WYLIE RANCH EAST- -.� $6 67 Gv:1, ,.,_ OP.-uis I a-Jl> \. COMMERCIAL PARK 3.9t.,-, .h- 4 lf226c ..4.IJ, 1 to mra,,,„-,: 37"r�'r"Yi: Xc0'%Sf 47Jf.4 Y/7/44c. 7- 6e-9 S,.as W > o r„.-.. ._:, wc.r r WYNDHAM ESTATES#1 o y J e8 46.--k3<'4. s.... N r < Y , ,,,,, 54�iA<. S 1161 1 ' Z WYLIE RANCH EAST X• a I ■ ••I t S 2.04..,'1 h1 i d;; 1if i¢i 1 J w Y WYNDHAM 1 S 2.06`Y �}1: 9...14.1 a ESTATES NS WYNDHAM ESTATES#2 p11'17 0 1111111;11 bAA. dd y i 192 193 FJ P.s.e.r' gasp Stl . a n 4777-246, ail1ti€ !� 2 NtL t�� lfB9 SHOWN ST 64<.v n..mJ/n.. II OLD HIGHWAY 79 t, a s l 5I,rn�.1 45,,,FR>,,,,,a %O0,4A2.743 C17V L4 C..33-,4'-6 ..494r. J .:-:-4.':r:r. --• /r2i3 AC 64 210M/r,_:.L a7205r 17-000Vlks Mc. v-na 70 V 5J4nawt 4au..e%.0/40er'0'....0Y., a0fld o urn.:. 1.0 1, 71 JMOOS I.II0, 7t...,,..,-A,c ,b.Jc r18 NmPLN« 1...71J 22-40w4,41,3-a/r21Mt 5 - .. 4 nc Si A,,,,:,rr*,• ,. /5-2aee Ik. 175 C/7Y OF Wnc 3 00 Mr?,Gi, ,42 6/6664 1Mr?,ANC8wM4/ K 17-G02G654 2.0030 .20,KAN3A5 CITY 30.4I4J lee_e 4421-,194 17474C 4, g,e0,1JKS L ,J 'Muss7'Muss57.CGm4241Ac rf4 q¢2ta44<'EAST 74C. 3C15L-Sees`0.5744o- '28 I<041545 cry So110E4.3 KR.Co 442i-1424 0.6SS Ac 3 M 'I ':,4+'.' -•'4 44/42 95.6. .HY Z. K. SHEET a 209 CAUJAS Grry$p+rkg./{+tyCWJ k .442-1135 C.t:f6A< ow J2.71+4- f Fr L-OGE�"T(otJ ATE fl5GIRAY le gm., 71436-340139FRCIE MAW Ma 17 1 01taroWPM rr us.' �, POdWe1 y i �� an nwecrExv 3s ...... rfi,. .T. , hirL ; 1 . • . .;...: J . i 1. • ...Ape irI ,. r I Pal Ste 2 1I' \ v , P.dSer� 3G,R3AC =t.12AG �g ( t — _ evaecr�ao.�o � _ —elvaiue�o !' P r�acriory E k _? s F 6e . >, • 11111 ! IIIIII111111 __. tItiliik' ilill ! r11 D RETAIL �. PARM0Oslk D _ ' `� 11III111fk11111111lll1Lu11 ( 1llillIIIII .! ( Ia1 l 1 - iRETAILB `' 12� 'RETAR.A 1 r 1 BLD.yAREA ° Jl1NtURlliOR BLOttAl;F�1 1i- f MEDICAL 10,�,0 S.F. B:RG�tftE/t a i0 29K►SF. • pFF10E 5,103 SF 1 t LL 1 JAI I I 1�v ': raer - }qp' �E RETAIL CENTER-WYLiE,TEXAS, '"�'��""'`� .,,,,.$ ' J 11. TEMPORARY DIRECTIONAL SIGNS On properties located at the intersection of two major thoroughfares or a major thoroughfare and a collector street, panel/directional signs are permissible subject to the following conditions and upon the issuance of a sign permit: A. The sign design and location must be approved the City Council; B. Permits for such signs shall be temporary in nature and shall expire two years from the date of permit issuance; C. The maximum height of the sign is ten feet (10'); D. The maximum width of the sign is six feet (6'); E. The font, lettering and color of the sign shall be uniform throughout the entire sign; F. The sign may be located within the right-of-way, provided that, the sign is located at least ten feet (10')from the back of the curb or road pavement and at least two feet (2')from any sidewalk; and G. The permit applicant, property owner or developer shall be responsible for the cost of production, maintenance of the sign and removal of the sign. CITY OF WYLIE SIGN REGULATIONS Page 29 CITY OF WYLIE Item No.15 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: June 28, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: June 10, 2005 Letter, Sign graphics, site Budgeted Amount: Exhibits: plans, & sign regulations AGENDA SUBJECT: Consider and act upon a request from Watermark Developments to install three separate signs for off premise advertisement located periodically along F.M.544. RECOMMENDED ACTION: N/A SUMMARY: Watermark Developments has requested the City Council's approval of three off premise temporary directional signs for the purpose of advertising subdivision development known as the Watermark project. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. All other requirements have been met. APPROVED BY: Initial Date Department Director: JB \ 6/10/05 City Manager: 462 \ 6/a,3i6a— Wateeediala 7777 4ntetnationaleatkwast euite 727 p c/eatdson, Jexas 75087 972.235.2400 May 4, 2005 City of Wylie Building Inspection Department 2000 Highway 78 North Wylie, Texas 75098 RE: Sign Permits Dear Sir: We are requesting the approval of three DIRECTIONAL SIGN PERMITS for the WaterMark project located at the intersection of Troy Road and County Line Road. The signs are specifically directional in nature and will aid lot purchasers, home builders, contractors and vendors in locating the development project. We are making this request as the WaterMark Project is located in the most remote corner of the City of Wylie and thus far we have experienced extreme difficulty in directing people to the site. This project is slated to be Wylie's most upscale development to date — offering lake lots, lake view lots and lake access lots on Lake Ray Hubbard. The houses are estimated to range in price from a low of$250,000 along Troy Road to a high of $1,200,000 for houses located on the lake lots. In order to bring this type of very upscale development to Wylie, people must be able to easily locate the project. We are requesting these permits in accordance with the Wylie Sign Regulations, Section 11 (Temporary Directional Signs). The makeup of the signs is depicted on EXHIBIT A and the locations on EXHIBIT B. In accordance with Section 11, subparagraph F; all signs will be set back to the edge of the Right-of-Way and at least 10' from the edge of the road pavement. There are no curbs or sidewalks located at any of the proposed locations. Sincerely, 9AWa tfPlath A. Skip Klinefelter Manager • EXHIBIT A 6' ► • 4' 2 2 MILES ■ • (DISTANCES WILL VARY) 8' 4"X4" PAINTED POST 4' BURIED MINIMUM 2' IN 6" CONCRETE EXHIBIT B u �°•4i 1 i 'G t INTERSECTION OF m c` 0 s FM 544 AND c / SOUTH STONE RD. �c Crestview Ln - „��° LOCATION 1 c.0 Z t 0 re Oakbrook L)t 54 COLLINS • BOZMAN LOCATION 2 34 ACRE FARM TRACT * MAIN ENTRY . • LOCATION 3 P f-E>VI_ 4 INTERSECTION OF o FM 544, VINSON °� � ; AND ( ,,. COUNTY LINE RD. ,, t SIGN LOCATION #1 a INTERSECTION OF .. i E Fm 544 AND SOUTH STONE RD. 01 , i y€ 0 '': I `�, a. .. 241 paVeileNt" 1 j v , 101 P,-cM Fri Soypo.vivg [ , ' 80' from !Nf esca+ioN S1 oNe. - 544 i e• E , FM-5119 x StoNe Rd. -.c-- Fast Sou.t h. SIGN LOCATION #2 I i E 1 i -73 d 2 — r0' P--oM FMS99 pa.vi, Co11i,uS Sivci a C e,oferrccl o,J CcilbA.)5 (ENfry BozMa J Fa.•-M) cn° c oar o+okCI` '? i T '� Sowti ' 1 i, N COLLINS j BOZMAN _ -- -- _1`i' pax C M e rot 34 ACRE I FARM K TRACT 7 MAIN '' ENTRY 1{ SIGN LOCATION #3 I, f • fff r r''f _. .. . ' I0 Prom Cc wt� C+ING diNTERSECflONOF v\ \\ IO16Mvi50 . L 0 "'3 x VINSON .... .:._________.----------------"-- j1,,t1 po-VL Al = , 11. TEMPORARY DIRECTIONAL SIGNS On properties located at the intersection of two major thoroughfares or a major thoroughfare and a collector street, panel/directional signs are permissible subject to the following conditions and upon the issuance of a sign permit: A. The sign design and location must be approved the City Council; B. Permits for such signs shall be temporary in nature and shall expire two years from the date of permit issuance; C. The maximum height of the sign is ten feet (10'); D. The maximum width of the sign is six feet (6'); E. The font, lettering and color of the sign shall be uniform throughout the entire sign; F. The sign may be located within the right-of-way, provided that, the sign is located at least ten feet (10') from the back of the curb or road pavement and at least two feet (2')from any sidewalk; and G. The permit applicant, property owner or developer shall be responsible for the cost of production, maintenance of the sign and removal of the sign. CITY OF WYLIE SIGN REGULATIONS Page 29 AMENDED CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Amended Contract for Paramedic Ambulance Services is effective October 1, 2003, and is entered into by and between the Southeast Collin County EMS Coalition, consisting of the following cities: Parker, Wylie, St. Paul, Murphy, Lucas, Lavon and portions of Collin County, Texas (hereinafter referred to as the "Coalition"), and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not for profit corporation (hereinafter referred to as "ETMC EMS"). The Coalition and ETMC EMS are collectively referred to herein as the "Parties." This Contract is entered into by the Parties in substitution for and in replacement of a Contract dated November_, 2003, executed by the same parties. Upon the signature of all parties to this Agreement, this Contract will be effective October 1, 2003, under terms and conditions described below. NOW, THEREFORE, for and in consideration of the premises and agreements herein contained and other good and valuable consideration, including the award of exclusive market rights, the receipt and adequacy of which are hereby forever acknowledged and confessed, the Parties agree as follows. ARTICLE I DEFINITIONS The following definitions shall apply to terms as used throughout this Agreement: Agreement means this Contract. Ambulance Patient means any person being transported to or from a health care facility in a reclining position from any point within the "Regulated Service Area." Ambulance Service Contract means an agreement between ETMC EMS and any local governing unit incorporating clinical standards and financial provisions consistent with those set forth in this Agreement. Ambulance Service Contractor means East Texas Medical Center Emergency Medical Service (ETMC EMS). ANI/ALI means Automatic Number Identifier/Automatic Location Identifier and is one of the enhancement features of 911 system that aids in identification of incoming calls. CAD means Computer Assisted Dispatch including but not limited to primary dispatch data entry and automated time-stamping, 911 data interface, demand pattern analysis, system status management, automated patient locator aids, response time reporting and documentation, and (when installed) automated vehicle tracking. Page 1 of 1 Contract for Paramedic Ambulance Services Contract Service Area means the geographic area encompassing the regulated Service Area plus unincorporated areas of Collin County and such other counties as may choose to contract with ETMC EMS pursuant to a contract incorporating clinical standards and financial provisions consistent with those contained in this Contract. EMS System means that network of individuals, organizations, facilities and equipment including but not limited to ETMC EMS, whose participation is required to generate a clinically- appropriate, pre-planned system-wide response to each request for pre-hospital care and/or inter- facility transport, so as to provide each patient the best possible chance of survival without disability and given available financial resources. Extraordinary Adjustment is an adjustment justified on the basis of either: (1) an increase in the System Standard of Care whose cost of implementation and on-going compliance exceeds the then-remaining balance of the "Upgrade Reserve"; or, (2) an unusual increase in the cost of a factor of production when such increase in cost is industry wide and the result of causes beyond ETMC EMS's reasonable control. 1st Response, 1st Responder, 1st Response Organization refers to that service and those units (e.g., fire department 1st responders) which provide initial stabilization and trained assistance on-scene and, when required, en route to medical facilities, as well as certain extrication and rescue services. In accordance with Priority Dispatch Protocols, a 1st Response unit is routinely sent to all presumptively-classified life-threatening calls within the ETMC EMS service area. Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the "Contract") is the Contract document labeled Contract For Paramedic Ambulance Service and is an agreement between the Coalition and East Texas Medical Center Emergency Medical Service. Medical Control Board means that board of physicians established and empowered by the uniform EMS Ordinance to update from time-to-time the System Standard of Care, and to monitor compliance with that System Standard of Care. Medical Director means that Medical Director which shall be an emergency physician expert in the pre-hospital practice of Emergency Medicine, appointed by ETMC EMS. Member Jurisdiction means the individual Coalition member's corporate limits. Primary Unit means that unit staffed by ETMC EMS personnel. MICU means Mobile Intensive Care Unit as defined in the Texas Health and Safety Code. Mutual Aid means the paramedic ambulance service provided within the Contract Service Area by neighboring providers other than ETMC EMS at the request of ETMC EMS, pursuant to an agreement governing the exchange of service assistance when requested. Such a unit shall be judged by ETMC EMS to have acceptably trained personnel and equipment, and approved by the Page 2 of 2 Contract for Paramedic Ambulance Services Medical Control Board. PSAP means Public Service Answering Point and is an auxiliary service in the 911 system. Regulated Service Area means the combined corporate limits of all Member Jurisdictions that adopt the Uniform EMS Ordinance. Response Area of the Southeast Collin County EMS Coalition means the corporate limits of the Member Jurisdictions of the Southeast Collin County EMS Coalition. Southeast Collin County EMS Coalition means an interlocal cooperative group consisting of the participating city governments of Lavon, Lucas, Murphy, Parker, St. Paul, Wylie and portions of Collin County. Subscription Ambulance Membership Plan means an optional plan by which citizens in the Member Jurisdictions can contract with ETMC EMS for prepaid, medically necessary, ambulance transport services. System Standard of Care means the combined compilation of all priority-dispatching protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital, standards for certification of pre-hospital care personnel (i.e. telephone call-takers, ambulance personnel and on-line medical control physicians), as well as standards governing requirements for on-board medical equipment and supplies, and licensure of ambulance services established by the Uniform EMS Ordinance. The System Standard of Care shall simultaneously serve as both a regulatory and contractual standard. Uniform EMS Ordinance means that Ordinance set forth in Exhibit A. ARTICLE II MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS 2.1 FRANCHISE MODEL SYSTEM a. ETMC EMS shall provide services under this Contract through a franchise model system and shall furnish its own facilities, vehicles, on-board equipment, radio systems and computer-aided dispatch hardware and software as provided in this Contract. Except as otherwise set forth herein, ETMC EMS shall serve as the retail provider of 911 ambulance services, routine transport services and related ambulance services, financed primarily or exclusively on a fee-for-service basis with or without subsidy according to the agreement of each member jurisdiction and participating jurisdiction. b. ETMC EMS may charge user fees for services rendered under this contract that are consistent with the provisions of this Contract. c. Except for subsidies paid to ETMC EMS under the Subsidy/Price Agreement with Page 3 of 3 Contract for Paramedic Ambulance Services each jurisdiction, ETMC EMS shall look for compensation for its services under this Contract solely through the following sources: (i) Third party payors; (ii) Persons or entities who use ambulance services or other persons responsible for such ambulance services; and (iii) Contract purchasers of ambulance services. 2.2.1 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant to this Contract shall be an MICU and shall be staffed and equipped to render paramedic- level care. 2.3 "FIXED-PRICE TERM AGREEMENT FOR REQUIREMENTS." This Contract is a "fixed-price term agreement for requirements," with provisions for inflation adjustment and adjustment for externally-imposed upgrades to the System Standard of Care. At such time that ETMC-EMS assumes full responsibility for dispatch, the Coalition will use best efforts to provide that every medical request including but not limited to 911 cases originating within the Member Jurisdictions, except 911 calls originating from an area within the County which has contracted for 911 ambulance services with a provider other than ETMC EMS, shall be transferred to ETMC EMS (along with ANUALI data as available) for telephone interrogation, pre-arrival instructions (if appropriate) and the dispatch and deliver of ambulance service. 2.4 MEDICAL SUPPLIES. All medical supplies acquired or supplied for the performance of the work that is the subject of this Contract shall be furnished by ETMC EMS at ETMC EMS's own expense. 2.5 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN. a. Basic Objects of Program. ETMC EMS shall offer for sale to residents of all member jurisdictions and participating jurisdictions under this Contract, a subscription ambulance membership plan which fee for the first year of coverage under the plan will not exceed forty-eight ($48) dollars per household. The fee for the subscription ambulance membership plan is subject to an annual inflation adjustment equal to 100% of the percentage increase in the CPI over the most recent 12-month period for which published figures are then available as approved by the Board of Directors of ETMC EMS. Additionally, ETMC EMS may offer discounts for renewal of subscription ambulance membership plans. b. Legal Obligations. The subscription ambulance membership plan offered to residents of the member jurisdictions and participating jurisdictions under this Contract shall comply with federal and state law relating to subscription ambulance membership programs. Page 4 of 4 Contract for Paramedic Ambulance Services c. Medicaid Recipients. Persons whose medical expenses are covered under Medicaid are not eligible to participate under the subscription ambulance membership plan. d. Additional Benefits. ETMC EMS may, at its option, offer to persons who purchase subscription ambulance membership plans under this subsection, additional benefits. e. Periodic Membership Drives. ETMC EMS shall hold an open enrollment period during each calendar year for the subscription ambulance membership program and residents in the member jurisdictions and participating jurisdictions shall be entitled to apply for participation in the subscription ambulance membership program during that period. f. Beneficial Extension of Service. Each person requiring or requesting ambulance service shall receive the quality of care and transportation required under the System Standard of Care, without regard to membership status in the subscription ambulance membership program. g. Financial Assistance for Plan Purchase. A member jurisdiction or participating jurisdiction may purchase or may assist its residents in purchasing and paying for subscription ambulance membership' plans in accordance with a written agreement between the member jurisdiction or participating jurisdiction and ETMC EMS. 2.6 USE OWN EXPERTISE AND JUDGMENT. ETMC EMS agrees to use its own best judgment in deciding upon the methods to be employed to achieve and maintain the levels of performance required hereunder. Such "methods" include compensation programs, shift schedules, personnel policies, supervisory structures, vehicle deployment techniques, and other internal matters which, taken together, comprise ETMC EMS's own strategies and tactics for performing its obligations under this Agreement. 2.7 EXCLUSIVITY. ETMC EMS is awarded exclusive rights and responsibilities for provision of all emergency and non-emergency ambulance services, including special events coverage, originating within the Member Jurisdictions, regardless of the manner in which the request for service is conveyed. Notwithstanding the foregoing, in the event that the Required MICU (as defined in Section 3.1) is on a transfer or otherwise unavailable, ETMC EMS may use another EMS service provider for non-emergency transfers to and from the Member Jurisdictions. ETMC EMS shall have the option to transport non-emergency transports to and from the member jurisdiction but will limit the number of such transports to be no more then five (5)per month and that this only applies to the required ETMC EMS MICU unit. Such non-emergency transports by the required MICU will only be transported when other Coalition Members' ambulances are available. All emergency and non-emergency calls and requests for ambulance services originating within the Member Jurisdictions will be dispatched through or to ETMC EMS's dispatch center. 2.8 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the Page 5 of 5 Contract for Paramedic Ambulance Services Medical Control Board shall establish protocols for selection of the destination hospital, which protocols shall be strictly followed by paramedic personnel and on-line medical control physicians, except when a departure from protocol is justified on the basis of special considerations of patient care or practical barriers to implementation (e.g., blocked roads, hospital divert status, etc.). This Contract is entered into by both parties pursuant to a mutual assumption that transport protocols approved by the Medical Control Board shall strictly adhere to the following priorities of consideration, and shall recognize these priorities in the sequence presented: a. First Consideration: patient care and safety; b. Second Consideration: patient/family choice; and c. Third Consideration: fairness in distribution of patients among hospitals. In this regard, the following rules shall apply: (i) Non-Emergencies. All "non-emergency patients" (as defined by patient- assessment protocols approved by the Medical Control Board) shall be transported to the destination selected by the patient, the patient's family or the patient's personal physician, without exception. (ii) Non Life-Threatening Emergencies. Patients experiencing a "non life- threatening emergency" (as defined by patient-assessment protocols approved by the Medical Control Board) shall be transported to the facility of choice designated by the patient, the patient's family, or the patient's personal physician, or if no such preference is stated, to the nearest hospital approved by the Medical Control Board for receipt of patients experiencing non-life-threatening emergencies. (iii) Life-Threatening Emergencies. Patients experiencing life-threatening emergencies (as defined by patient-assessment protocols approved by the Medical Control Board) shall, in accordance with transport protocols approved by the Medical Control Board, be delivered to the "nearest appropriate facility", taking into consideration the patient's condition and location, the patient's medical requirements and the respective capabilities of hospitals within and, for some types of patients, outside the "Contract Service Area." Such transport protocols shall not be inconsistent with then- currently-approved trauma system protocols (when available). (iv) Enforcement. Inappropriate and unjustified deviations from these patient- destination protocols by a paramedic without direct authorization by a Base Station Physician or inappropriate and unjustified instructions regarding such deviation by a Base Station Physician shall be subject to sanction by the Medical Control Board provided such sanctions are applied in accordance with due process procedures approved by the Coalition's attorney. Such sanctions may include reprimand, suspension of certification, or revocation of certification) depending upon frequency and severity of error. Page 6 of 6 Contract for Paramedic Ambulance Services ARTICLE III SCOPE AND QUALITY OF SERVICES 3.1 AMBULANCE SERVICES TO COALITION. ETMC EMS shall provide emergency and non-emergency ambulance service to the entire Response Area of the Coalition, and shall provide staff and MICU's as set forth in this Contract, including but not limited to at least one fully staffed MICU dedicated solely for response to the entire Response Area of the Coalition (the "Required MICU"). ETMC EMS shall only use the Required MICU for non- emergency transfers to and from the Coalition. Baylor Garland North Central Medical Richardson Regional Medical Center Presbyterian Allen Columbia Medical Center Plano Presbyterian Plano Garland Community Sunbridge NH Wylie Lake Pointe Medical Center Medical Center of Plano In the event that no ambulance provided for in this Contract is available for service, or additional ambulances are needed, each member of the Coalition will be required to rely upon mutual aid plans for their city. Ambulance services are provided by ETMC EMS, the City of Wylie, and the City of Murphy, as a private provider of ambulance services, to the Coalition members under the terms of this Agreement. 3.2 RESPONSE TIME RELIABILITY. ETMC EMS will maintain response time records on all primary unit transports ETMC EMS provides under this Agreement as set forth below: Goals within the Response Area of the Southeast Collin County EMS Coalition: a. Life-Threatening Emergency Calls will have a response time 90% or better of 8 minutes and 59 seconds. b. Non Life-Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 59 seconds. These commitments shall be calculated on a per one-hundred transport basis for the primary unit only, and shall be calculated annually at the end of ETMC EMS's contract year. The response time commitments set forth above shall constitute contractually binding performance requirements under this Contract. In this regard, the following definitions and protocols shall be employed for purposes of response time measurement, compliance reporting, and late run penalty assessment: a. Definition. Response time is herein defined as the elapsed time between the moment a request for ambulance service is received at ETMC EMS's ambulance control center (i.e., the moment callback number and location are acquired, either by voice or by Page 7 of 7 Contract for Paramedic Ambulance Services ANI/ALI 911 data transmission and confirmed) and the moment a first-arriving, fully- equipped and staffed ETMC EMS paramedic ambulance, paramedic-level Mutual Aid unit, paramedic-level 1st Response team, or advanced life support capable medical helicopter arrives at the scene; provided that in order to "stop the clock" such first- arriving unit shall be operated by ETMC EMS or by a Mutual Aid unit or 1st Response Organization approved by the Medical Control Board and operating under subcontract to ETMC EMS. For scheduled patient transfers, "time call received" shall be the agreed- upon appointment of time of patient pickup. b. Use of Mutual Aid Providers. Subject to a finding by the Medical Control Board that the clinical quality of care provided by a proposed MICU staffed Mutual Aid provider, helicopter ambulance service, or 1st Response organization participating in ETMC EMS's 1st Response Support Program and operating at the paramedic level, is deemed substantially equivalent to the quality of care required under this Contract, such paramedic units operated by Mutual Aid providers, 1st Response organization, and helicopter ambulance services responding at ETMC EMS's request to locations within the Contract Service Area shall be deemed to "stop the clock" on behalf of ETMC EMS. c. Method of Measurement. Response time standards shall be established and response time performance shall be measured in terms of "fractile distributions" -- not average response time measurements. d. Call Classification. For purposes of response time measurement, the applicable standard shall be based on each request's presumptive run code classification (i.e., life- threatening emergency, non life-threatening emergency, unscheduled routine transport and scheduled routine transport) as established at the time the call is dispatched by a person trained in the use of and correctly employing Medical Priority Dispatch Protocols proposed by the Medical Director and approved by the Medical Control Board. (Retrospective classification of priority code shall not affect measurement of response time compliance.) e. En route Upgrades and Downgrades. If a presumptive run code classification is upgraded to a higher priority while the ambulance is en route (as a result of information provided by a physician or law enforcement officer at the scene), the applicable run code designation shall be the upgrade priority and response time shall be measured from the moment of upgrade. If a presumptive run code classification is downgraded to a lower priority while the ambulance is en route (as a result of information provided by a physician), the applicable run code designation shall be the downgraded priority and response time shall be measured from the original time of call receipt. f. 911 Interface Requirements. Upon ETMC EMS assuming full responsibility for dispatch, ETMC EMS shall be free to employ, at its own expense, such CAD hardware and software and 911 system interface arrangements as ETMC EMS deems most conducive to efficient operation and response time reliability. The Coalition shall cooperate fully with ETMC EMS's reasonable requests to establish telephone call- transfer linkages and, where appropriate, 911 computer system interface arrangements Page 8 of 8 Contract for Paramedic Ambulance Services (e.g., with ETMC EMS functioning as a secondary PSAP), as requested by ETMC EMS. 911 personnel shall transfer medical calls and callers to the ETMC EMS Control Center as per protocols approved by the Medical Control Board. 3.3 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. Except for changes adopted by the Board of Directors of ETMC EMS, ETMC EMS shall comply with customer service and accounts receivable management practices as provided in this Contract. 3.4 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the disaster occurs. Immediately upon such notification, ETMC EMS shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster occurred. The disaster-related provisions of this Contract are: a. During such periods, ETMC EMS shall be released from response time performance requirements, including late run penalties, until notified by the Coalition that disaster assistance may be terminated. At the scene of such disasters, ETMC EMS personnel shall perform in accordance with local disaster protocols established by that community. b. When disaster assistance has been terminated, ETMC EMS shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking and other relevant considerations. c. During the course of the disaster, ETMC EMS shall use best efforts to provide emergency coverage throughout the "Contract Service Area" and shall suspend non- emergency transport work as necessary, informing persons requesting such non- emergency service of the reason for the temporary suspension. 3.5 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every member jurisdiction and participating jurisdiction shall have access to the resources of the EMS System, as dictated by fluctuations in consumer demand for service, weather conditions and disaster events. To ensure such flexibility in responding to shifting needs, ETMC EMS will refrain from contractually committing any of its ambulances to the exclusive benefit of any jurisdiction. Nothing in this section shall be read to restrict the Murphy Ambulance deployment as specified in Section 3.13 of this Agreement. 3.6 GRANDFATHER CLAUSE. Nothing in this Contract shall be construed as preventing ETMC EMS from honoring and fulfilling contractual commitments in effect as of the commencement date of this Contract, even if provisions of such contracts are in conflict with provisions set forth immediately above, provided, however, that no such existing contract containing provisions in conflict with the provisions of this Contract shall be extended or renewed unless amended to remove the conflicting provisions. The only Page 9 of 9 Contract for Paramedic Ambulance Services other Contract existing between a Coalition member and ETMC EMS is the Contract entitled Supplemental Agreement to Contract for Paramedic Ambulance Services dated March 1, 2003, by and between ETMC EMS and the City of Wylie. A copy of this Supplement Agreement is attached hereto as Exhibit" ." 3.7 WYLIE AMBULANCE AND DEPLOYMENT. The City of Wylie will staff ambulances (with MICU capabilities) donated by ETMC EMS ("Wylie Ambulance") and will continue to do so. Two ambulances will be remounted, one with the implementation of this contract and the other to be delivered within 90 days. Such Wylie Ambulances shall be used to provide back-up ambulance service to the Coalition. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport to Wylie, when ETMC EMS's unit is out of service, subject to Section 3.11, below. The following provisions apply to the ambulances donated by ETMC EMS to Wylie: a. Wylie owns the Donated Ambulances as City of Wylie property, and retains such ownership at the expiration of this Contract's first 5 year term. b. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Donated Ambulances. The supplies used must be recorded on the patient care report. c. Wylie will provide for all liability insurance coverage for the City of Wylie Donated Ambulances. d. The City of Wylie, through the Wylie Fire Department, shall provide all maintenance and repair for Wylie's Donated Ambulances. e. ETMC EMS shall provide Wylie with another ambulance unit during any time that a Wylie Donated Ambulance is out of service. ETMC EMS will provide such replacement ambulance for a period of up to ten (10) days, but no longer. After ten (10) days, ETMC EMS will negotiate and mutually accept a short term lease for such replacement ambulance with lease payments not to exceed ten dollars ($10)per month. f. The Wylie Donated Ambulances are staffed by the City of Wylie employees. g. The ETMC EMS ambulance (hereinafter referred to as "990") is owned, operated, and staffed by ETMC EMS. It is the primary service unit provided for ambulance services provided by ETMC to the Coalition contracted for in this agreement. ETMC is solely responsible for providing ambulance services to the Coalition. The Coalition, (with the exception of the City of Wylie's separate responsibility to provide back-up to ETMC-EMS and the City of Murphy, as set forth in Sections 3.9 and 3.13 of this Agreement) is not obligated to, nor does it provide ambulance services. 3.8. DONATED AMBULANCE. Donated Ambulances for other Coalition cities and deployment: Page 10 of 10 Contract for Paramedic Ambulance Services a. No Coalition city except the City of Wylie is, at the effect date of this Contract, housing or operating an ETMC EMS Ambulance, or a Donated Ambulance. The City of Murphy, at the execution date of this Contract, is housing a City of Murphy Ambulance, as set forth in sections 3.9 and 3.13 of this Agreement, purchased by the City of Murphy. In the future, in the event a Coalition City wishes to request an ambulance from ETMC, either Donated or otherwise, the specifics of that agreement may be the same as those set forth above in 3.7 for the City of Wylie, or may be negotiated specifically by ETMC, the Coalition City, and/or the Coalition, as the case may be, for such additional ambulance service. ETMC is under no obligation to provide additional services unless ETMC has agreed to new terms for the additional services. b. If the Coalition should request a change in resources from ETMC EMS, and ETMC EMS agrees to provide the change in resources, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC EMS in order to provide sufficient resources of the services described in such Contract. 3.9 MURPHY AMBULANCE. With regard to the Murphy Ambulance, as set forth in section 3.13 of this Agreement: a. Murphy shall retain ownership of the Murphy Ambulance, with ownership surviving this Contract. b. ETMC EMS shall provide all EMS supplies used on patients for the operation of the Murphy Ambulance (as described in 3.13 of this Agreement) provided such supplies are the same as supplies prescribed by ETMC EMS Medical Control. ETMC EMS will not provide supplies outside those approved by ETMC EMS. The supplies used must be recorded on the patient care report. c. The City of Murphy will staff and operate the Murphy Ambulance. d. The City of Murphy shall provide automobile liability insurance coverage for the Murphy Ambulance. e. City of Murphy shall be responsible for any maintenance to the Murphy Ambulance. 3.10. USE OF NON-COALITION OR NON ETMC EMS AMBULANCES. In the event a Coalition Member city, staff, or fire department requests an ambulance from a third-party which is not the ETMC EMS ambulance located in Wylie (990) or either of the two Wylie Donated Ambulances, the Murphy Ambulance, or an ambulance operated by a Coalition member in accordance with 3.8 above, and any of such ambulances are available for use, then such Coalition member shall reimburse ETMC EMS for ETMC EMS's lost revenue toward such trip, excluding transfer. 3.11 CLEAN TICKET PROVISION. The One Hundred ($100) Dollar stipend as set forth in Sections 3.7 and 3.13, is expressly conditioned upon the City personnel operating a Page 11 of 11 Contract for Paramedic Ambulance Services Donated Ambulance under ETMC direction and control, and Murphy personnel operating the Murphy Ambulance, fully and accurately completing the trip ticket and related paper work in accordance with the policies and procedures that ETMC EMS requires of its own personnel in the completion of such trip ticket ("Clean Ticket"). ETMC EMS will provide adequate training/education to personnel filling out trip tickets. 3.12 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards of clinical quality, as well as the clinical upgrade schedules to occur on or before listed deadlines throughout the term of this Contract shall constitute contractually binding performance requirements under this Agreement. 3.13 MURPHY AMBULANCE AND DEPLOYMENT. The City of Murphy will staff an ambulance (with MICU capabilities) purchased by the City of Murphy (hereinafter referred to as the "Murphy Ambulance") during the days and hours as specified in this Section. The City of Murphy agrees to commence staffing of the Murphy Ambulance on April 1, 2005 or following the effective date of the Amendment whichever is later. The Murphy Ambulance deployment shall be as follows: a. the first (1st) responder in the coalition for calls within the corporate limits of the City of Murphy, Monday through Friday from 8:00 a.m. to 6:00 p.m; b. the fourth (4th) responder in the coalition for calls outside the corporate limits of the City of Murphy, Monday through Friday from 8:00 a.m. to 6:00 p.m; and c. the fourth (4th) responder in the coalition when manpower is available for large scale incidents outside the corporate limits of the City of Murphy, from 12:00 a.m. to 7:59 a.m. and 6:01 p.m. to 11:59 p.m. Monday through Friday and on Saturdays and Sundays. ETMC EMS shall pay a one hundred ($100.00) dollar stipend, per transport, to the City of Murphy, subject to Section 3.11 of this Agreement. The City of Murphy will bill the City of Wylie on a quarterly basis for ambulance transports by the Murphy Ambulance from coalition cities other than Murphy. ARTICLE IV CONSIDERATION Consideration for this Contract is an award of exclusive market rights subject to exemptions set forth in Schedule A to this Contract for the term of the Contract. 4.1 AUTHORIZATION OF USER-FEE CHARGES. ETMC EMS shall charge user fees for services originating within each Coalition Member Jurisdiction. Each Coalition Member may assist its residents in purchasing and paying for membership rights by incorporating voluntary provisions for billing and payment in conjunction with residential water bills. Page 12 of 12 Contract for Paramedic Ambulance Services subsidy to ETMC EMS for the provision of EMS services in the amount of$88,683.00 which will be paid in four (4) quarterly installments of$ 22,170.75 each due on October 1, January 1, April 1 and July 1 of each year during the term of this Agreement. The subsidy amount will be adjusted annually on October 1st of each year but not to exceed the percentage change in the Consumer Price Index ("CPI") (nationwide) over the most recent 12-month period for which published figures are available. ETMC EMS will provide Coalition with at least sixty days' (60) notice of any increase in the subsidy. The quarterly subsidy payment will be remitted to ETMC EMS within fifteen (15) days of the invoice for such quarterly subsidy being sent to Coalition. In the event the Coalition fails to remit such payment, ETMC EMS shall have the option to terminate this Agreement upon thirty(30) days' notice. The share of the subsidies to be paid by each Coalition member shall be as agreed to by the Coalition. In the event the Initial Term of this Agreement is continued into one or more renewal terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the renewal term(s), if any by May 1, 2008. If the Parties cannot mutually agree on such subsidy amounts for any renewal term, either party may terminate this Agreement upon One Hundred Twenty(120) days prior written notice, without penalty. The amounts set forth above represent the amounts due ETMC EMS assuming the Coalition members remain the same as of the effective date of the Contract. The Coalition further agrees to reimburse ETMC EMS for any ETMC,EMS loss in revenue due to any current Coalition member no longer participating in this Agreement. EACH COALITION MEMBER WHO WITHDRAWS FROM THE COALITION, CEASES TO PARTICIPATE OR CONTRACTS WITH ANOTHER EMS PROVIDER, AGREES TO MAKE ETMC EMS WHOLE FOR SUCH LOSS OF REVENUE FOR THE DURATION OF THE CONTRACT (WHICH INCLUDES SUBSIDY AND PATIENT TRANSPORT REVENUE RELATED TO SUCH COALITION MEMBER) TO ETMC EMS. Such Coalition member agrees that its termination or withdrawal from the Coalition irreparably harms ETMC EMS and knowingly and specifically agrees that its agreement to make ETMC EMS whole as the result of such termination or withdrawal is an essential provision in this Agreement. Such Coalition member agrees to the maximum extent permitted by law to hold harmless ETMC EMS from such loss of revenue and loss of subsidy. In the event such Coalition member refuses to reimburse ETMC EMS for such loss of revenue or loss of subsidy, ETMC EMS shall have all rights allowed by law to pursue money damages, including its attorneys' fees in seeking to collect such loss of revenue and subsidy from the Coalition Member. Additionally, the failure to pay such monies to ETMC EMS is a material breach of this Agreement and notwithstanding any other provisions to the contrary, ETMC EMS may terminate this Agreement upon sixty (60) days prior written notice, without penalty. 4.8 ETMC EMS shall have the exclusive right to bill and collect any third party payor or individual for services rendered by ETMC EMS, and for any transports rendered by the Coalition. Page 14 of 14 Contract for Paramedic Ambulance Services 4.9 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are growing rapidly and the need for future EMS services may arise in the future. ETMC EMS will periodically evaluate the services rendered and determine ETMC EMS's capability and performance. As the result of such evaluation, ETMC EMS may consider such information in evaluating the need to donate additional units or other alternatives to the Coalition as sound business practices would dictate, and as the Parties mutually agree. ARTICLE V INSURANCE AND INDEMNIFICATION ETMC EMS has determined it will self-insure in lieu of some of the insurance policy requirements set forth below. ETMC EMS represents and warrants that its self-insurance provisions are equal to, or greater than, the insurance coverage requirements below. A description of what insurance coverage has been self-insured, and the provisions, contact information, and requirements for claims are described and explained on the attached Exhibit E. 5.1 INSURANCE REQUIREMENTS. At all times during the term of this Contract and throughout any extension periods thereof, ETMC EMS shall obtain and pay all premiums for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition and the Medical Control Board as "additional insureds". ETMC EMS shall furnish the Coalition with an Accord Certificate of Insurance indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier shall give the Coalition thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to prohibit the use of a program of insurance being "self- insurance" as that term is normally used as being a formally organized system of covering risks or to be a limitation upon the insured as to the deduction it may cause to be provided in connection with any of its respective insurance policies. ETMC EMS's insurance coverage shall meet the following minimum requirements: a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. b. COMMERCIAL GENERAL LIABILITY. Commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence combined single limits (CSL) for all claims resulting from bodily injury(including death) and/or property damage arising out of the operations of the ambulance service authorized hereunder. c. AUTOMOBILE LIABILITY. The following coverage is required: (i) Uninsured Motorist. Uninsured/underinsured motorist coverage, covering all Page 15 of 15 Contract for Paramedic Ambulance Services automobiles and including all owned, hired, or leased vehicles in an amount equal to or greater than the minimum liability limits required by law. (ii) Employer's Non-owned Auto Coverage. Employer's non-owned liability in an amount equal to the liability limits set forth in Subsection b, immediately above. d. AMBULANCE LIABILITY. A policy covering the liability created by ambulance operation to a limit called for in Subsection b hereof. It is further understood that, due to the nature of this risk, it is presently necessary to obtain this coverage through the Assigned Risk Pool and that policy form must be accepted as offered. e. MALPRACTICE. Malpractice insurance in an amount not less than one million ($1,000,000) dollars for each claim. f. EXCESS LIABILITY INSURANCE UMBRELLA. Excess liability insurance umbrella policy providing two million dollars ($2,000,000) coverage per occurrence and four million dollars ($4,000,000) annual aggregate coverage in excess of all other liability policies prescribed herein. g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may be submitted to the Coalition. Satisfactory evidence that such insurance is at all times in full force and effect shall be furnished to the Coalition. h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or other termination of any policy of insurance required hereunder shall give the Coalition the right to revoke and terminate this Contract for ambulance service granted hereunder, unless another insurance policy complying with the provisions of this section shall be provided and be in full force and effect at the time of such cancellation or other termination. i. "OCCURRENCE" FORM REQUIRED. All coverage furnished hereunder shall be written on an "occurrence" basis) not a "claims made" basis, provided, however, a combination of "claims made" coverage and "extended reporting endorsement" ("tail coverage") for an indefinite period following expiration of this Contract shall be considered equivalent to "occurrence" coverage. Furthermore, nothing in this provision shall be construed as prohibiting partial self-funding of defined aspects of coverage, provided self-funding financial arrangements and risk-management aspects are approved by the Coalition, which approval shall not be unreasonably withheld. 5.2 INDEMNIFICATION. ETMC EMS covenants and agrees that it will indemnify and hold harmless the Coalition, and each Member Jurisdiction and their officers and employees, from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by ETMC EMS during the performance of this Contract, except that neither ETMC EMS, East Texas Medical Center Regional Healthcare System, nor any of their subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from Page 16 of 16 Contract for Paramedic Ambulance Services the negligence of the Coalition, or any Member Jurisdiction or any of their officers, agents, representatives or employees. ARTICLE VI MAJOR DEFAULT & REPLACEMENT PROVISIONS 6.1 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a major default by ETMC EMS shall include but not be limited to the following: a. Supplying to the Coalition during the contracting process, false information or information so incomplete as to effectively mislead; b. Willful falsification of data supplied to the Coalition or to the Medical Control Board during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, response time data, financial data, or willful downgrading of presumptive rim code designations or deliberate omission of any other data required under this Contract; c. Deliberate and unauthorized scaling down of operations to the detriment of performance during a "lame duck" period; or any other period of the term; d. Failure to maintain equipment in accordance with generally accepted maintenance practices; or to provide supplies and equipment within required standards; e. Willful attempts by ETMC EMS to intimidate or otherwise punish non-management employees who desire to interview with or to sign contingent employment agreements with successful bidders following a subsequent bid cycle; f. Chronic and persistent failure of ETMC EMS's employees to conduct themselves in a professional and courteous manner and to present a professional appearance; g. Failure by ETMC EMS to cooperate with and assist the Coalition in its transfer of ETMC EMS's operations after a major default has been declared by the Coalition, as provided for in 6.2, next, even if it is later determined that such default never occurred or that the cause of such default was beyond ETMC EMS's reasonable control; h. Failure to substantially and consistently meet or exceed the System Standards of Care, or the various clinical and/or response time standards required hereunder; i. Intentional over billing in violation of provisions of this Contract. j. Failure to maintain at all times the insurance, self-insurance, and indemnification requirements of Article V, and the performance bond of Section 6.6. 6.2 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the Page 17 of 17 Contract for Paramedic Ambulance Services event the Coalition determines that a major default has occurred, and if the nature of the default is, in the opinion of the Coalition, such that public health and safety are endangered, ETMC EMS shall be given written notice specifying the particular complaints and identifying them as appropriate by date, place, etc. with a reasonable opportunity (defined as 72 hours for deficiencies dangerous to public health and safety and thirty (30) days for any other deficiencies) to correct said deficiency. In the event ETMC EMS fails to correct said deficiency within the time as set forth above, ETMC EMS may thereafter be found to be in default (as set forth in Section 6.3). In such event, ETMC EMS shall cooperate with the Coalition to effect a prompt and orderly transfer to the Coalition of ETMC EMS's and the Coalitions responsibilities as set forth in Section 6.3. 6.3 MAJOR DEFAULT. In the event of a major default and the failure to cure same as set forth in Section 6.2, ETMC EMS shall transfer its responsibilities within seventy-two (72) hours thereafter upon such finding of a major default by the Coalition. Notwithstanding the foregoing, ETMC EMS does not waive its rights to challenge such declaration and may dispute such issue in a court of law and, if successful, recover all its damages as allowed by law. 6.4 DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the Coalition declares ETMC EMS to be in major default on grounds other than performance deficiencies dangerous to public health and safety, ETMC EMS may dispute and legally resolve the Coalition's claim of major default prior to transfer of ETMC EMS's operations by the Coalition. 6.5 "LAME DUCK" PROVISIONS. Should ETMC EMS fail to prevail in a future procurement cycle, the Coalition shall obviously depend upon ETMC EMS to continue provision of all services required under this Contract until the new contractor assumes service responsibilities. Under these circumstances, ETMC EMS would, for a period of several months, serve as a "lame duck" contractor. To ensure continued performance fully consistent with the requirements of this Contract throughout any such "lame duck" period, the following "lame duck" provisions shall apply: a. Throughout such "lame duck" period, ETMC EMS shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent contract to a competing firm; b. ETMC EMS shall make no changes in methods of operation that could reasonably be considered to be aimed at cutting ETMC EMS's service and operating costs to maximize profits during the final stages of this Contract; and, c. The Coalition recognized that, if a competing firm prevails in a future procurement cycle, ETMC EMS may reasonably begin to prepare for transition of service to the new contractor during the "lame duck" period, and the Coalition shall not unreasonably withhold its approval of ETMC EMS's requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so Page 18 of 18 Contract for Paramedic Ambulance Services long as such transition activities do not impair ETMC EMS's performance during the "lame duck" period and so long as such transition activities are prior-approved by the Coalition. 6.6 PERFORMANCE BOND. ETMC EMS shall provide, at its choice, either a One- Hundred Thousand Dollar ($100,000) Performance Bond, a letter of credit, or other security in the same One Hundred Thousand Dollar amount in a form acceptable to the Coalition. It will be made payable to the Coalition by ETMC EMS, in order to guarantee performance of ETMC EMS's performance under this Agreement. The Coalition may request proof of insurance (bond), or proof of the current validity of the other securities, if used by ETMC EMS, at reasonable times during the term of this agreement. ARTICLE VII TERM AND RENEWAL 7.1 TERM OF AGREEMENT. This contract shall be for a period of five (5) years beginning October 1, 2003 ("Initial Term"). 7.2 RENEWAL TERMS. CONTRACT will automatically be renewed for an additional five (5) year extension. Either party shall have the right to terminate this contract at the end of the Initial Term by providing the other party with three hundred sixty five (365) days written notice prior to such date. 7.3 A member of the Coalition may withdraw at the end of the first term of this Agreement, without cost or penalty to the withdrawing member, or the Coalition. The appropriate subsidy and service by ETMC to the remaining Coalition members would be calculated on the services needed by the remaining Coalition members, without regard to those which were required by the departing Coalition member. ARTICLE VIII REPORTS 8.1 RESPONSE TIME COMPLIANCE. Within ten (10) days after the close of each calendar month, ETMC EMS shall provide to the Coalition an accounting of response time performance relative to transports for ambulance service originating within that jurisdiction. ARTICLE IX GENERAL PROVISIONS 9.1 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by ETMC EMS in the performance of work under this Contract shall be competent and Page 19 of 19 Contract for Paramedic Ambulance Services holders of appropriate permits in their respective trades or professions. The Coalition may demand the removal of any person employed by ETMC EMS who chronically misconducts himself or is chronically incompetent or negligent in the due and proper performance of his duties, and such person shall not be reassigned by ETMC EMS for production of services under this Contract without the written consent of the Coalition, provided, however, that the Coalition shall not be arbitrary or capricious in exercising its rights under this provision, and shall be required to document in writing the specific reasons for exercising rights relative to any given employee, and shall also give that employee an opportunity to defend himself in the presence of ETMC EMS's chief executive officer and Medical Director and the Directors of the Coalition's governing board prior to removal. None of the provisions in this section, nor in this Agreement, shall be construed as the Coalition having any direct control over the employees of ETMC. 9.2 PERMITS & LICENSES. ETMC EMS shall be responsible for obtaining all necessary permits and licenses required for initiation and completion of its work under this Contract. 9.3 ASSIGNMENT. ETMC EMS will have the right to assign this Agreement to any related or affiliated entity of the East Texas Medical Center Regional Healthcare System ("ETMCRHS") without any party's prior consent so long as ETMC EMC certifies that the insurance and indemnification provisions of Article V are met, or exceeded, by the Assignee. Otherwise, this Agreement shall not be assigned or transferred without the expressed written consent of the Coalition. Such written consent shall not be unreasonably withheld. In the event ETMC EMS is self-insured, the transfer of this Agreement to any party shall require the consent of the Coalition members, which consent shall not be unreasonably withheld. 9.4 RIGHTS AND REMEDIES NOT WAIVED. ETMC EMS agrees that the work specified in this Contract shall be completed without further consideration of the market rights provided for herein and that the acceptance of work and the payment of user fees and subsidy amounts (if any) shall not be held to prevent maintenance of an action for failure to perform such work in accordance with this Agreement. In no event shall payment by a Member Jurisdiction (if any such payments are made) hereunder constitute or be construed to be a waiver by the Coalition of any default or covenant or any default which may then exist on the part of ETMC EMS, and the making of such payment while any such default exists shall in no way impair or prejudice any right or remedy available to the Coalition with respect to such default. 9.5 ATTORNEY FEES. If either the Coalition or ETMC EMS institutes litigation against the other party to secure its rights pursuant to this Contract, the prevailing party shall be entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in addition to any other relief to which such party may be entitled. Page 20 of 20 Contract for Paramedic Ambulance Services 9.6 NON-DISCRIMINATION. ETMC EMS agrees as follows: a. ETMC EMS will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, disability, sex or age. ETMC EMS will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, disability, sex or age. Such action shall include, but not be limited to the following: (i) employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. ETMC EMS agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. ETMC EMS will, in all solicitations or advertisements for employees placed by or on behalf of ETMC EMS, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, disability, sex or age. 9.7 COMPLIANCE WITH LAWS. The services furnished by ETMC EMS under this Contract shall be rendered in substantially full compliance with applicable federal, state and local laws, rules and regulations. It shall be ETMC EMS's responsibility to determine which laws, rules and regulations apply to the services rendered under this Contract and to maintain compliance with those applicable standards at all times. 9.8 SEVERABILITY. In the event any provision hereunder is determined to be illegal, invalid or unenforceable under applicable law, said provision shall be deemed deleted from this Agreement as if never contained herein and the remainder of this Agreement shall remain enforceable. 9.9 HEADINGS. The Paragraph headings, articles, sections and captions contained in this Contract are solely for the convenience of the Parties and shall in no manner be construed as part of this Agreement. 9.10 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Texas, and, in the event of litigation with respect to this Agreement or any of its terms, venue shall rest in Collin County, Texas. 9.11 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, whether oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding unless in writing signed by all Parties. 9.12 AMENDMENT. This Agreement may be amended by a writing upon the agreement of both Parties so as to conform to the law or any changes in the law and/or regulations Page 21 of 21 Contract for Paramedic Ambulance Services applicable to the terms of this Agreement. If the Coalition or ETMC EMS refuses to amend the Agreement in accordance with this Section, such action shall be considered a breach of this Agreement and the Agreement may be terminated by ETMC EMS. 9.13 NO WAIVER. The failure of either party to insist at any time upon the strict observance of performance of any provision of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any right or remedy of such party or be construed as a waiver or relinquishment thereof with respect to subsequent defaults or breaches. Every right and remedy given by this Agreement to the Parties hereto may be exercised from time to time and as often as may be deemed expedient by the appropriate party. 9.14 INCORPORATION OF SCHEDULES. Schedule A, Uniform EMS Ordinance and Schedule B, Commitment to 1st Responder Support and Quality Care, Schedule C, Quality Improvement Program are expressly incorporated within this Contract as though written and contained directly within the text of this Contract. 9.15 CORRESPONDENCE. All notices hereunder by either Party to the other shall be in writing, delivered personally, by certified or registered mail (postage prepaid), return receipt requested or by overnight courier services (charges prepaid) and shall be deemed to have been duly given when delivered personally, when deposited in the United States mail or delivered to the overnight courier, addressed as follows below: 9.16 At the effective date of this Agreement, there are no employees of the Coalition, and none are currently contemplated. If to ETMC EMS: Anthony J. Myers, Vice President/COO East Texas Medical Center Emergency Medical Service P.O. Box 387 Tyler, Texas 75710 If to the Coalition: Attention: or to such other persons or places as either Party may, from time to time, designate by written notice to the other. A copy of all notices from ETMC EMS shall be provided by regular mail to the Mayors, and/or City Managers or City Administrators of each City and the County Judge. 9.17 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC EMS is acting Page 22 of 22 Contract for Paramedic Ambulance Services as an independent contractor with respect to the Coalition and neither ETMC EMS nor any ETMC EMS staff shall be considered employees of the Coalition. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide EMS services to entities and individuals other than the Coalition; and nothing in this Agreement shall be interpreted as limiting or restricting in any way ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the Parties hereto, and nothing herein shall authorize either Party to act as agent for the other, except to the extent herein provided. The Coalition shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes and benefits with respect to all Coalition personnel. Neither ETMC EMS nor any ETMC EMS staff shall be subject to any Coalition policies solely applicable to the Coalition's employees or be eligible for any employee benefit plan offered by the Coalition. 9.18 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed to result, directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or other work interruptions by either Party's employees, or any other similar cause beyond the reasonable control of either Party. 9.19 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC EMS shall, in accordance with 42 U.S.C., §1395x (v)(I)(I) (Social Security Act §1861 (v)(I)(I) and 42 C.F.R., Part 420, Subpart D, §420.300, et seq., until the expiration of four (4) years after the furnishing of Medicare reimbursable Services pursuant to this Contract, upon proper written request, allow the Comptroller General of the United States, the Department of Health and Human Services and their duly authorized representatives access to this Agreement and to ETMC EMS's books, documents and records (as such terms are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of costs of Medicare reimbursable Services provided under this Contract. In accordance with such laws and regulations, if Medicare or Medicaid reimbursable services provided by ETMC EMS under this Contract are carried out by the means of a subcontract with an organization related to ETMC EMS, and such related organization provides the services at a value or cost of $10,000 or more over a twelve (12) month period, then the subcontract between ETMC EMS and the related organization shall contain a clause comparable to the clause specified in the preceding sentence. No attorney-client, accountant-client or other legal privilege shall be deemed to have been waived by ETMC EMS or the Coalition by virtue of this Contract. 9.20 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Contract may not be amended or modified except by mutual written agreement. Page 23 of 23 Contract for Paramedic Ambulance Services 9.21 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare, any other payor or any other federal, state or local government or agency passes, issues or promulgates any law, rules, regulation, standard or interpretation, or any court of competent jurisdiction renders any decision or issues any order, at any time while this Agreement is in effect, which prohibits, restricts, limits or in any way substantially changes the method or amount of reimbursement or payment for Services rendered under this Agreement, or which otherwise significantly affects either Party's rights or obligations here under, either Party may give the other notice of intent to amend this Agreement to the satisfaction of both Parties, to compensate for such prohibition, restriction, limitation or change. If this Agreement is not so amended in writing within ten (10) days after said notice was given, this Agreement shall terminate as of midnight on the tenth (10th) day after said notice was given. 9.22 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be herein specifically provided to the contrary, whenever this Agreement requires any consent or approval to be given by either Party, or either Party must or may exercise discretion, the Parties agree that such consent or approval shall not be unreasonably withheld or delayed, and such discretion shall be reasonably exercised in good faith. 9.23 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of third parties or enforceable by any third party. Except as provided above, any agreement to pay an amount and any assumption of a liability herein contained, expressed or implied, shall only be for the benefit of the Parties hereto and such agreement or assumption shall not inure to the benefit of any third party, including an obligee. 9.24 PARAMEDIC SKILL LEVELS. Effective October 1, 2003, ETMC EMS Paramedic skill levels will be implemented as follows: a. Texas State EMS-P Certification b. Basic Trauma Life Support or equivalent c. Driver Training d. Advanced Cardiac Life Support e. Advanced-Pediatric Emergency Care or equivalent 9.25 TERMINATION OF CONTRACTS. In the event any of the Member Jurisdictions signing below as a principal of this Contract have individual contracts with East Texas Medical Center Emergency Medical Service for ambulance service as of the Commencement Date of this Agreement, such contractual arrangements and agreements shall terminate contemporaneously with the execution of this Agreement. Page 24 of 24 Contract for Paramedic Ambulance Services 9.26 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is effective as of October 1, 2002, when signed by all Parties. City of Lavon, Texas East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service Mayor Date Printed Name: Anthony J. Meyers, V/P Date City of Lucas, Texas City of Murphy, Texas Mayor Date Mayor Date Printed Name: Printed Name: City of St. Paul, Texas City of Wylie, Texas Mayor Date Mayor Date Printed Name: Printed Name: City of Parker, Texas Mayor Date Printed Name: Collin County, Texas Ron Harris Date County Judge Page 25 of 25 Contract for Paramedic Ambulance Services