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11-17-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA November 17, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS °r • Presentation of the Star Tree(Reach For A Star(RFS) Committee) RECEIVE OFFICIAL CANVASS OF ELECTION RETURNS FOR THE SPECIAL.BOND ELECTION OF NOVEMBER 8,2005 • Consider and act upon the approval of Resolution No. 2005-28(R) declaring the results of the Official Canvass of the Special Bond Election of November 8,2005. (Mayor John Mondy) CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and..will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item.will be:-r y trom tt e Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of October 25, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon Resolution No. 2005-29(R) approving the acceptance of the certified Local Option Petitions, signatures and sampling method performed for two propositions presented to the City Secretary by the Wylie Citizens for Economic Progress on October 6, 2005: 1) The legal sale of beer and wine for off-premise consumption only and 2) The legal sale of mixed beverages in restaurants by food and beverage certificate holders only. (C.Ehrlich, City Secretary) C. Consider and act upon Resolution No. 2005-30(R) calling a Special Election for Local Option Propositions for May 13,2006. (C. Ehrlich, City Secretary) D. Consider and act upon a Final Plat for Wylie Lakes Phase 2, property being generally located at the southeast corner of Forest Ross Road and Skyview Drive. (M.Manson,Assistant City Manager) E. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 12, property being generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive. (M.Manson,Assistant City Manager) F. Consider and act upon approval of final acceptance of the Second and Third Street Water Line project for replacement of a water line in the alley between Second Street and Third Street and authorize final payment to Saber Development,in the amount of$8,126.42, and accept the project as complete. (C.Holsted, City Engineer) G. Consider and act upon authorizing the Mayor to execute utility easements for Atmos Energy facilities located along Ballard Avenue. (C. Hoisted, City Engineer) H. Consider and act upon a request from Cub Scout Pack 301 to have a fundraiser at the Bart Peddicord Community Center on January 21,2006. (R. Diaz,Parks and Recreation Supervisor) I. Consider and act upon request from the Lions Club to sell"Picnic Packs" as a fundraiser during the fall 2005 and spring 2006 sport seasons at Community Park and Founders Park. (R. Diaz,Parks and Recreation Supervisor) J. Consider and act upon authorizing the Mayor to enter into an agreement with the American Society of Composers, Authors and Publishers (ASCAP) in the amount o $268.00 for music licensing for 2006. (R. Diaz, Parks and Recreation Supervisor) K. Consider and act upon authorizing the Mayor to enter into an agreement with Stewart Schwensen Productions in the amount of $64,750.00 for entertainment/staging for the summer concerts. (R. Diaz,Parks and Recreation Supervisor) L. Consider and act upon authorizing the Mayor to enter into an agreement with Stewart Schwensen Productions in the amount of $6,500.00 for entertainment/staging for two fall concerts. (R. Diaz, Parks and Recreation and Supervisor) M. Consider and act upon authorizing the Mayor to enter into a contract between the City of Wylie and Tutor.com for online homework assistance. (R. Orozco,Library Director) N. Consider and act upon authorizing the Mayor to sign a grant agreement with TxDOT for the acceptance of a STEP—WAVE grant award in the amount of$15,000.00 for Fiscal Year 2006 to pay Wylie Police Officers overtime to work DWI and speeding traffic enforcement during holiday periods. (J. Butters,Police Chief) O. Consider and act upon authorizing the Mayor to enter into an agreement with Wylie Auto Towing for towing services from January 1,2006 to December 31,2006. (J. Butters,Police Chief) P. Consider and act upon authorizing the Mayor to enter into a Landscape Installation/Maintenance Agreement with TxDOT for the installation of landscaping and welcome signs on State Highway 78, FM 544, and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78, and designating a point-of-contact to coordinate with TxDOT. (M. Sferra,Public Services Director) Q. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County for improvements to Joel Scott Park. (M.Sferra,Public Services Director) R. Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply District and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. (L. Williamson, Finance Director) S. Consider and act upon Ordinance No. 2005-59 adopting the 2003 edition of the International Property Maintenance Code and repealing all conflicting ordinances. (J. Bray,Building Director) T. Consider and act upon Ordinance No. 2005-60 adopting the 2003 edition of the International Mechanical Code and repealing all conflicting ordinances. (J. Bray,Building Director) U. Consider and act upon Ordinance No. 2005-61 adopting the 2003 edition of the International Plumbing Code and repealing all conflicting ordinances. (J. Bray,Building Director) V. Consider and act upon Ordinance No. 2005-62 adopting the 2003 edition of the International Energy Conservation Code and repealing all conflicting ordinances. (J. Bray,Building Director) W. Consider and act upon Ordinance No. 2005-63 adopting the 2003 edition of the International Building Code and repealing all conflicting ordinances. (J. Bray,Building Director) X. Consider and act upon Ordinance No. 2005-64 adopting the 2003 edition of the International Residential Code and repealing all conflicting ordinances. (J. Bray,Building Director) Y. Consider and act upon Ordinance No. 2005-65 adopting the 2003 edition of the National Electrical Code and repealing all conflicting ordinances. (J.Bray,Building Director) Z. Consider and act upon Ordinance No. 2005-66 adopting the 2003 edition of the International Fuel Gas Code and repealing all conflicting ordinances. (J. Bray,Building Director) 1414,CCINSWAVAXMLAN:t ACTION. Public Hearing 1. Hold a Public Hearing and consider and act upon the withdrawal by the applicant concerning the issuance of a Specific Use Permit (SUP) for an Amateur Communications Tower and Antenna to Cantral Eargle at 2933 Glendale Drive,Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. Zoning Case 2005-20 (M.Manson,Assistant City Manager) Executive Summary The legal owner of the property has decided not to move forward with the development,and request that 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. 2. Consider and act upon Resolution No. 2005-31(R) establishing a policy on Employee Use of E-mail and Internet; repealing all policies in conflict herewith to the extent of such conflict; and providing for an effective date. (M. Roath, City Manager) Executive Summary The Internet and e-mail have come to local government offices bringing with them all the great benefits of increased efficiency, greater access to information, and improved communications within the office and with the public. This proposed policy;however,addresses some of the risks that may arise from this new technology. 3. Consider and act upon Resolution No. 2005-32(R) amending the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized investments for Governmental Entities. (L. Williamson, Finance Director) Executive Summary The Investment Policy is being amended to change the following: (1) Commercial paper has been eliminated from authorized investments. (2) Extend the maturities of investments for those funds that are not needed for liquity. (3) Change certain procedures in reporting, cash management practices and investment strategies that have been updated to reflect the City's new cash management system and investment programs. 4. Consider and act upon Resolution No. 2005-33(R) adopting Financial Management Policies for the City of Wylie,Texas. (L. Williamson, Finance Director) Executive Summary The purpose of the Financial Management Policies is to formalize financial guidelines for the City. The Financial Policy Manual will assist city staff in planning and directing the city's financial affairs and create a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the city to achieve a long- term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. 5. Consider and act upon Ordinance No. 2005-67 amending Chapter 114, Section 114-68 (Utilities, Meter Deposits) of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M.Roath, City Manager) Executive Summary Section 114-68 of the current Code reads as follows: "Each water consumer shall put up a meter deposit in an amount established by resolution which may be applied to the payment of any unpaid bills,and,when so used,the deposits shall be restored to the original amount. Any unused portion of the deposit shall be refunded at any time the account or service is discontinued." This proposed ordinance amends the above section by allowing new residential customers to submit a verifiable letter of reference, from a public or private utility, in lieu of a meter deposit under certain conditions. In addition,this proposed ordinance also amends the above section by allowing a refund to residential customers with"a good payment record"as defined therein 6. Consider and act upon authorizing the Mayor to execute a real estate sales contract for the purchase of real property located at Kellers First Addition,Block 4,Lot 10, Collin County, 105 South Jackson Avenue,Wylie,Texas. (M. Sferra,Public Services Director) Executive Summary The Public Services Department is in the process of acquiring a parcel of land located at 105 South Jackson Avenue. The 6,142 square foot parcel is currently surrounded on three sides by Olde City Park. If successfully acquired,the parcel will become incorporated into Olde City Park, and a 1,500 square foot pavilion will be erected on the site as part of a current Collin County parks and open space grant project. Execution of the sales contract will allow the City 30 days to complete a Phase 1 environmental assessment of the property. If contaminants are found on the property, the City may terminate the contract and not purchase the parcel. If no contaminants are found, it is anticipated that a closing will be scheduled to occur before December 31,2005. 7. Consider and act upon Ordinance No. 2005-68 amending the fees, policies, and procedures of the Bart Peddicord Community Center. (M. Sferra,Public Services Director) Executive Summary The Bart Peddicord Community Center was opened in 1997. The facility's rental fees have been the same since it opened. Staff has been encouraged to review all existing departmental fees and identify those that may need to be updated and/or revised. In August 2005,staff surveyed the cities of Plano,Allen,McKinney,Frisco,Carrollton,Cedar Hill,and the WISD and found that Wylie's Community Center rental fees were the lowest in the area. The hourly rental charge is currently $10 for residents, $15 for non-residents,and free for non-profit groups. Staff's intent in reviewing the fee is to present, for the Park Board and City Council's consideration, the concept of collecting revenue that at least covers the cost of staff time,building maintenance costs,and utility costs incurred during the rental period 8. Consider and act upon Ordinance No. 2005-69 adopting a new fee schedule for water deposits, cut- off fees meter, installation and tap fees, provide for fines for meter tampering and repealing all conflicting ordinances. Executive Summary Over the last couple months the finance department has been reviewing the fee structure of the utility billing department with a number of goals in mind. (1)Maintain water deposits to coincide with average residential monthly water consumption (2)To reduce the number of cut-offs that are required each month (3)Review the actual cost of installing new water service(i.e.taps and meters)relative to the fees being charged. (4)Provide fines for tampering with meters or stealing water In response to each of these goals the finance department is recommending changes to the current fees charged. 9. Consider and act upon Ordinance No. 2005-70 to amend the City of Wylie FY 2005-2006 budget to allow payment of invoices related to the construction of Alanis Boulevard within Phase V of the Twin Lakes Subdivision,in the amount of$45,267.82. (M.Manson,Assistant City Manager) Executive Summary Prior to a September 2001 amendment, the Subdivision Regulations contained a provision stating that the City shall reimburse the property owner or developer for 100% of certain costs, one of which was listed as the cost of paving thoroughfares for the portion of the width of pavement exceeding 18 'Y2 feet per side for divided thoroughfares. The regulations identified the procedures to be followed for participation, including the submittal of as-built drawings, the bids for construction, and final payments with quantities and unit costs. In September 2001, the portion of the Subdivision Regulations dealing with City participation and reimbursement was deleted; however, the Preliminary Plat for the Twin Lakes subdivision was processed and approved prior to that date. The request is for the portion of Alanis Boulevard located within Phase V,the final phase of the subdivision. 10. Consider and act upon Ordinance No. 2005-71 amending the City of Wylie FY 2005-2006 budget in the amount of$7,900.00 for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. (M. Sferra,Public Services Director) Executive Summary In the FY2004-2005 Park Division 4B budget, $7,900.00 in funds were budgeted in the Land Berterments line item(112- 5614-58150) for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. However, as staff awaited formal approval for the sign installation from the Texas Department of Transportation (TxDOT), these funds were not carried over into the current FY2005-2006 budget. A purchase order was obtained in FY2004-2005, signs were selected,and a contractor was prepared to do the work. Documentation from TxDOT in the form of a Landscape Installation/Maintenance Agreement which would formally authorize the City to install the signs was not received until mid-October 2005. 11. Consider and act upon Ordinance No. 2005-72 amending Chapter 42 of the Wylie Code of Ordinances by adding Article V, regulating grading, excavation and earthwork. (C. Hoisted, City Engineer) Executive Summary The proposed ordinance amends the Wylie Code to require a permit for performing grading, excavation and earthwork on property located within the City limits. Several property owners have recently placed fill that contained unsuitable fill material such as construction debris,blocked drainage ways and have not installed proper erosion protection. There are no previsions in the current code to regulate these activities. 12. Consider and act upon Ordinance No. 2005-73 prohibiting the parking of a vehicle along the east side of W.A. Allen Blvd. from the intersection of W.A. Allen Blvd. and Springwood Lane south to the intersection of W.A. Allen Blvd. and Heatherwood Drive, located in Wylie, Texas; and establishing an offense, and providing for a penalty for the violation of this Ordinance. (J. Butters, Police Chief) Executive Summary The proposed ordinance will create a no parking zone on the east side of W.A. Allen from Springwood to Heatherwood. The problem that has arisen this school year, is that some parents are parking on W.A. Allen between Springwood and Heatherwood and waiting for their children to walk to their car.There are no houses fronting W.A.Allen in this area so the no parking will not pose a problem for people living in the neighborhood. 13. Consider and act upon Ordinance No. 2005-74 amending Ordinance No. 2005-41 which approving appropriation of funds for a Secretary I position in the City Manager's Office; providing for repealing, savings and severability clauses; and providing for an effective date. (M. Roath, City Manager) Executive Summary The City Manager's Office , with its increased workload, needs a second secretarial position. The new position, entitled Secretary I, is proposed to handle a shift in general public contact(general receptionist duties) from the City Secretary' s Office to the City Manager' s Office. In addition, the new position is proposed to assist the Executive Director for the Wylie Economic Development Corporation as well as the City Manager's staff. 14. Consider and act upon Resolution No. 2005-34(R) casting ballots for the Board of Directors for the Central Appraisal District of Collin County,Texas. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie has 38 votes that they may cast for the Board of Directors of the Central Appraisal District for 2006 through 2008. All votes may be cast for one candidate or distributed among any number of the nominees. The vote must be submitted to the Chief Appraiser before December 15, 2005. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. ADJOURNMENT In addition to any specifically identified ExecutiNit4Risips, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this`�gb , }Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene tokE • > Sk, •c`f,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Ex� t va•Session,w'i. and recorded in open session. °:• -- I certify that this Notice of Meeting:was!post y 00thi ltltday of November,2005 at 5:00 p.m.as required by law in accordance with Section 551.042 oft 1 • Texas Gveriime I ok d that tlti appropriate news media contacted. As a courtesy,this agenda is also • f d to the Ci o/•'ylie\3bsit&at ,. W ff wylle.tx.us eA Ca :Ehrlich, ','tary._ s'�"I,,L 1 E.TE '' Date Notice Removed The Wylie M icipal Complex is Wheelchair act€ illl�� 'Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. ii t 4 t t ! 4 } - i 3 , , f t t f 1 l ' t ( . t r ±— a fi t.. i _4 4 t } ' j - 4 1 i ` City of Wylie CANVASS OF BOND ELECTION Election Conducted On November 8, 2005 t J k 7 t r t City of Wylie CANVASS OF BOND ELECTION The certified votes will be received from Collin County Election Administration on November 16, 2005 and will be presented to City Council at the November 17, 2005 meeting to canvass the bond election. MINUTES Wylie City Council Tuesday, October 25, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL{TO ORDER. Councilman Young called the meeting to order at 6:05 p.m. Council Members present were: Councilman Rick White, Councilman Carter Porter, and Councilman Earl Newsom. Mayor John Mondy, Mayor Pro Tern Eric Hogue and Councilwoman Reta Allen were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Newsom gave the invocation and Councilman White led the Pledge of Allegiance. CITIZENS PARTICIPATION Diane Culver residing at 2918 Jamestown Dr. , Wylie, Texas addressed Council stating that she had attended one of the Town Hall Meetings regarding the November 8, 2005 Bond Election and thanked Council and staff for the information provided to citizens at those meetings. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of October 11, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for T-Mobile, generally located at the southwest corner of FM 544 and Highway 78. (C. Thompson,Planning and Zoning Director) C. Review and accept adoption of the Construction Code Board Bylaws approved by the Construction Code Board members on October 6,2005.(J.Bray,Building Director) D. Consider and act upon renewing the fully employee funded supplemental vision insurance plan to Avesis,our provider since October,2001. (L. Fagerstrom,Human Resources Manager) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 4-0 with Mayor Mondy, Mayor Pro Tern Hogue and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 1 CONSIDARAZDA _ Tabled Item Tabled from September 20,2005 Special Called Meeting Consensus of Council was to remove Item 1. from the table and consider and act upon Ordinance 2005-54. 1. Consider and act upon Ordinance No. 2005-54 amending the FY2005/2006 Annual Budget, Ordinance No. 2005-41, and approving an appropriation of monies for Court Appointed Special Advocates, Collin County Children's Advocacy Center and City House; providing for Repealing, Savings and Severability Clauses; and providing for an Effective date. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that in a letter to the City, Mr. David E. Dorman, Mayor of the City of Melissa, requested donations to the following not-for-profit organizations: Court Appointed Special Advocates, Collin County Children's Advocacy Center and CITY House. On September 20, 2005, the City Council entertained an appropriation ordinance to amend the FY 2004/2005 Annual Budget, and then directed the City Manager to develop a donation policy for not-for-profit organizations. In addition, the Council directed that an agenda item for the allocation of funds to these organizations be returned to the City within 30 days. On October 11, 2005, the City Manager proffered a policy regarding funding requests by not-for-profit organizations, which was adopted by the Council with minor revisions to take effect with the 2006-2007 budget year.Mr.Roath explained that a survey had been completed of the cities that were asked to contribute monies to these organizations and,as of the date of the survey,only the City of Plano had allocated any funds for these organizations. Applicant Comments Lieslie Hayes, director of the City House was present to address Council. She stated that the organization took in displace children and adults. She stated that many Wylie residents were assisted through City House. Council Discussion Councilman Newsom stated that he believed, due to the expenses incurred with Hurricane Katrina, the City should not incur additional allocations. He suggested that those organizations resubmit their application during the application period for the FY 2006-2007 budget year-. City Manager Roath asked Finance Director Williamson what funds would be reimbursed by FEMA for the Hurricane Disaster allocations. Mr. Williamson explained that most of the expenses would be reimbursed with the exception of a few but FEMA had stated that the reimbursements would first go to cities that were short of funding and then to the remaining cities. Mr. Williamson estimated that the reimbursement would take at least 6 months. Councilman Porter stated that he believed that the FEMA funds would be reimbursed and wished to see these organizations have some additional funding. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to deny Ordinance No. 2005-54 amending the 2005-2006 budget to appropriate funds to the Court Appointed Special advocates, Collin County Children's Advocacy Center and City House. A vote was taken and passed 3-2 with Councilman Newsom, Councilman White and Councilman Young voting for denial and Mayor Pro Tern Hogue and Councilman Porter voting against,with Mayor Mondy and Councilwoman Allen absent. 2. Consider and act upon Ordinance No. 2005-55 establishing and appointing the City Council Subcommittee for WISD Relations; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member; and providing for an effective date hereof. (M. Roath, City Manager) Minutes—October 25,2005 Wylie City Council Page 2 Staff Comments City Manager Roath addressed Council stating that Item#2 and Item#3 were companion items which needed action on one or the other. He explained that the WISD Board had formed an advisory standing committee called City/School Partnerships, consisting of three (3) WISD Board members: Susan Shuler (Chairperson), Ronni Fetzer and Henry Garland. This Committee is focused on discussing existing and new partnerships between the District and cities within its area. Dr. John Fuller is the School District's facilitator to this Committee. Dr. Fuller has asked the City(City Council) to designate a representative(s) to meet with this Committee for the stated purpose. Mr. Roath stated that the Council could name the number of members, as well as, who those members would be in compliance with the Home Rule Charter. He also stated that according to the City Attorney, all meetings of this sub committee would need to be post per the Open Meetings Act. Representative Discussion WISD Board of Directors member Susan Shuler addressed Council stating that the School Board wished to have open communication with the City of Wylie addressing issues that affected both entities. She explained that it was the hope of WISD that this sub-committee could meet on a more frequent basis rather than the annual or semi-annual joint meetings of the past few years. She commented that the subcommittee, in the future, could be open to other cities within the WISD District. Council Discussion Councilman Newsom stated that he believed the sub-committee appointed by Council should consist of three members to mirror the school district and that those members should include the Mayor, Mayor Pro Tern and one Council member at large. He explained that he believed this committee was a very good idea and would benefit both the City and School District. Councilman Porter asked why the sub committee was not made up of Parks,P &Z Commission and other Wylie Boards. City Manager Roath stated that since the WISD sub-committee consisted of Board Members then the City should appoint Council members to serve. City Manager Roath asked that City Council both appoint the number of members and the names of the members to serve on this sub-committee. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2005- 55 establishing and appointing the City Council Subcommittee for WISD City/Schools Relations; consisting of three members; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member and providing for an effective date hereof. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to appoint Mayor John Mondy, Mayor Pro Tern Eric Hogue and Councilman Rick White as the City Council Subcommittee for WISD Relations.A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 3. Consider and act upon an appointment of an elected official, and alternate, to represent the City of Wylie in discussions with the Wylie Independent School District City/Schools Partnerships Committee. (M.Roath, City Manager) Council Action No action was taken on Item#3 due to the action taken on item#2. Minutes—October 25,2005 Wylie City Council Page 3 4. Consider and act upon Resolution No. 2005-26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. This resolution exercises that authority and requires Atmos Mid-Tex Division to file a rate filing package with the City in order for the City to determine whether Atmos'rates are excessive. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2005- 26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 5. Consider and act upon Resolution No. 2005-27(R) suspending the proposal by Atmos Energy, Mid- Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the law requires that a Gas Reliability Infrastructure Program(GRIP) surcharge request cannot become effective until sixty (60) days following a filing. The Company can set the "effective date"for any date after the 60th day. The effective date may be suspended by a city for 45 days. This resolution suspends the effective date to the maximum extent permitted by law to permit the cities to evaluate the filing, determine whether the filing complies with law,and if lawful,to determine whether the surcharge is reasonable. This resolution is also critical for authorizing cooperation with other cities adversely impacted by the application and the creation of a Steering Committee. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Resolution No. 2005- 27(R) suspending for 45 days, the proposal by Atmos Energy, Mid-Texas Division,to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 4 6. Consider and act upon approval of Ordinance No. 2005-56 to amend the FY 2005-06 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside Estates. (M.Sferra,Public Services Manager) Staff Comments Public Services Director Sferra addressed Council stating that on January 27, 2004, the City Council authorized the City Manager to enter into a Reimbursement Agreement with 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. Related City Council action occurred on June 28,2005 when Council authorized an additional expenditure of$8,502.50 toward the cost of a pedestrian bridge at the site and its installation(engineering,piers,etc.). On September 27, 2005,the developer submitted a request for a partial payment of$44,226 for work already completed as part of the reimbursement agreement. This invoice can be paid from the original FY 2004-05 funds and the remainder constitutes the request for the FY 2005-06 budget amendment. A large portion of the eight-foot wide concrete trail is in place. The remaining work is currently in progress and will be invoiced in the near future. Council Action A motion was by Councilman Newsom, seconded by Councilman Porter to approve Ordinance No. 2005-56 to amend the FY 2005-2006 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside estates. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 7. Consider and act upon Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the purpose of the proposed policy is to establish procedures for the acceptance of donations to the City of Wylie. The policy includes the procedures for the acceptance of the donation of funds, equipment, or in-kind services that are either solicited or unsolicited. Donations with a value up to and including$5,000 may be approved by the City Manager. Donations with a value over$5,000 must be approved by the City Council. Council Discussion Councilman Young asked Ms. Manson about Section 5 "Specific Use Donations of Funds" and how that would relate to donations of land which were stipulating a specific use. Ms. Manson stated that the reason behind this section was to earmark those items/funds that were donated for specific uses and allow the Finance Department to track those agreed uses. She explained that in the case of land, the policy would not exclude using the land for other purposes in and of itself, but the stipulation tied to the property at the time of acceptance could restrict the uses. She commented that all donations (items/funds)over$5,000 would be approved by Council prior to acceptance. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 5 8. Consider and act upon authorizing the Mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural,engineering and related services for the Wylie Animal Shelter expansion. (J. Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that Brinkley Sargent had submitted the proposal for architectural, engineering and related fees. Brinkley Sargent will sub-contract engineering services to Helmberger Associates Inc. Brinkley Sargent has worked for the City previously completing a facility needs assessment and is very familiar with the animal shelter project.Brinkley Sargent Architects have successfully completed numerous animal shelter projects and have excellent references. The fact that Brinkley Sargent is very familiar with specific animal shelter issues and requirements is an important consideration. The total amount for all services proposed equals $54,000. This amount does represent reasonable fees compared to what other Cities have paid for similar services on similar projects. Architectural and engineering services are exempt from competitive bidding under the Professional Services Procurement Act.The funds are budgeted in this year's operating budget. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to authorize the mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural, engineering and related services for the Wylie Animal Shelter expansion. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Mayor Pro Tem thane announced that there would be a 10 minute recess to allow time for the Mayor's arrival. Mayor Mondy arrived and reconvened the meeting at 6:55 p.m. Public Hearing 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. (C. Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that on May 24, 2005 the City Council adopted the revisions to the Comprehensive Plan, and these revisions to the Plan dictate the need for corresponding revisions to the Zoning Ordinance. The Council held a joint work session with the Planning and Zoning Commission in June to provide policy direction for these revisions. On September 6, 2005, the Commission held a work session with developers and builders currently involved in Wylie. At the September 20, 2005 meeting, the Commission finalized the draft recommendations, and held a public hearing on October 4 to receive citizen comments. Notices of the public hearings by the Commission and Council were mailed to all postal addresses within the Wylie zip code as well as published twice in the Wylie News. Three(3)written comments have been received from the public at the time of this posting.Two of these comments encouraged separation or screening between differing land uses and the third spoke to a specific traffic problem rather than to land use. Mayor Mondy asked for clarification with regard to changes made in vesting. He asked if a property was platted in 1985 and damaged by fire in 1998, could the same structure(size, lot ect.)be rebuilt with the new proposed zoning requirements. Mr. Thompson stated that the structure would be non-conforming by the new zoning requirements. Minutes—October 25,2005 Wylie City Council Page 6 Council Discussion Mayor Mondy asked City Attorney Richard Abernathy how vested rights and non-conforming clauses relate to lending institutions. Mr. Abernathy stated that he could discuss Chapter 245 which deals with vested rights and non conforming uses and permanent non conforming uses. Not every lender reacts to these issues the same so I am not sure if I can answer those questions. Mayor Mondy asked how lenders would react to persons having non-conforming lots. Mr. Abernathy stated he did not think there would be any issue with regard to non-conforming and lending institutions. Mayor Mondy asked if the Planning&Zoning Department and legal staff were taking different positions. Mr. Abernathy replied that the first time he knew of this information was the meeting with staff pertaining to future growth. Mr. Thompson at that time stated that he wanted to include vested rights.Mr.Abernathy stated that he told Mr.Thompson he would not recommend to Council including vested rights. Mayor Mondy asked Mr.Abernathy why he would not. Mr.Abernathy replied that it was for a number of reasons which included that vesting is currently a state statute that was amended this legislative session which will add new challenges to your existing zoning ordinances. To add another overlay of regulations to eccentrically prevent applying the ordinances to properties does not make much sense to me as a municipal lawyer. Mayor Pro Tern Hogue asked if his house was to burn down, could he rebuild it the same as it was. Mr. Abernathy stated that most ordinances state that if a property is less than 60% destroyed it could be rebuilt the same but if it were destroyed it could not. Mayor Pro Tem Hogue then asked what he would be able to do. Mr. Abernathy stated that there were other ways to address this, such as infill. Mr. Abernathy explained that with the new legislation, cities will be able to put time requirements,pursuant to the new amendments to Chapter 245,on vesting to permits,plats and other regulations regarding zoning and building. Councilman Newsom asked where those changes could be found. Mr. Abernathy stated that Section 245 of the Local Government Code online would be the best research location since some changes were just approved in the regular legislative session. Director Thompson reviewed the changes in the New Residential Development Requirements for Council stating that overall very little had changed with the exception that what was "Desirable" was now proposed to be "Base Standard" which would require builders to include these regulations in new residential zoning. He also reported that there were very few changes to the commercial requirements. Planning and Zoning Chairman, Denis Larsen, along with several other members were present to answer questions pertaining to the changes proposed in the zoning ordinance. Public Hearing Mayor Mondy opened the public hearing at 8:50 p.m. Mark Hardaway, 2808 Fairmount, Ste 200, Dallas Texas addressed Council with some concerns regarding the changes in the commercial zoning. Don Herzog,9696 Skillman, Ste 210,Dallas,Texas addressed Council asking for some clarification regarding some of the changes to residential development requirements amended in the ordinance. He stated that some of the items were ambiguous and could be open to interpretation. Mayor Mondy closed the public hearing at 9:00 p.m. Council Discussion Mayor Pro Tem Hogue asked that Council and Planning and Zoning commission conduct a work session on the revised zoning ordinance. Councilman Porter stated that he would like to see this item be approved and then come back at a later date if changes were needed. Mr.Abernathy stated that the public hearing needed to be reopened and continued to the date of the work session and possible action item. Councilman Newsom stated that many work sessions had been conducted along with P & Z and Council meetings and he would like to see action taken on this tonight. Mayor Pro Tem Hogue stated that he would like to see the revisions noted so he could review the document prior to the work session/Council meeting. Mayor Pro Tern Hogue asked that staff compile a red line copy of the changes and provide them to council prior to the work session. He stated that he would like more information on the infill issue and the commercial changes. Mayor Mondy asked that these revisions be reviewed by the City Attorney as to form and content prior to the next meeting. Minutes—October 25,2005 Wylie City Council Page 7 Public Hearing Mayor Mondy re-opened the public hearing and continued the public hearing to November 14, 2005 at 8:00 p.m. in the City Council Chambers. Council Action A motion was made by Mayor Mondy, seconded by Mayor Pro Tern Hogue to table Item #9 and continue the public hearing to a Called City Council meeting on November 14, 2005 to include a Joint Work Session at 7:00 p.m. and the Continued Public Hearing and possible action at 8:00 p.m. A vote was taken and passed 6-0 with Councilwoman Allen absent. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinances #2005-55, #2005-56, and #2005-57 into the official record. ADJOURNMENT With no further business before Council,consensus of Council was to adjourn at 9:40 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—October 25,2005 Wylie City Council Page 8 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: 100-5113-56070 Date Prepared: October 24, 2005 2006 Elections (General) Budgeted Amount: $15,500 Exhibits: 2 AGENDA SUBJECT: Consider and act upon Resolution No. 2005-29(R) approving the acceptance of the certified local option petitions, signatures and sampling method performed for two propositions: 1.) The legal sale of beer and wine for off-premise consumption only;and 2.) The legal sale of mixed beverages in restaurants by food and beverage certificate holders only, presented to the City Secretary by the Wylie Citizens for Economic Progress (David Karr, Treasurer) on October 6, 2005. RECOMMENDED ACTION: SUMMARY: On September 2, 2005, the Wylie Citizens for Economic Progress (David Karr, Treasurer) submitted the applications with the required 10 verified signatures for the local option election petitions for: 1)the legal sale of beer and wine for of)premise consumption only;and 2)the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. The sale of beer&wine for off-premise consumption applies to local grocery and convenience stores and would allow package stores. The sale of mixed beverages in restaurants by food and beverage certificate holders applies to restaurants whose gross receipts from the sale of mixed beverage sales are 50%or less of the total gross receipts from the premises. After a review of various local governments' local option petition forms, draft forms were reviewed by the City Attorney's Office, approved and issued to the petitioners on September 13, 2005. On October 6, 2005, the petition forms for both propositions were submitted back to the City with 1801 and 1766,signatures,respectively. During the weeks of October 7-19, 2005 the signatures of registered Wylie voters were verified using a statistical sampling method (see attachment) as provided by the Texas Election Code (Code) Section 501.031. Both petitions were required to contain 1129 voter signatures(1129 represents 35%of the Wylie citizens in Dallas,Collin and Rockwall Counties that voted in the last Governor's election in November 2002, Reference- Code 501.032). Both petitions exceeded the required 1129 valid signatures; actually both petitions exceeded this requirement by an additional 50-60%. Both petitions had a high percentage of valid signatures from this sampling of around 75%. APPROVED BY: Initial Date Department Director: CE \ 10/24/05 City Manager: \ 42x9 -1 AGENDA SUBJECT:Consider and act upon the acceptance of the certified local option petitions, signatures and Ordinance#2005- calling for a Special Election for local option propositions for May 13, 2005. SUMMARY: (Continued) After the verification of the required number of registered voters,as evidenced by the certification,the City Council must after 30 days,of the filing of the petitions,accept the applications and signatures,and an election must then be called at the next Regular City Council Meeting pursuant to Code 501.032, for the voters to decide both issues. (The election will be for or against proposition on both local option issues). This Special Election will be held on May 13,2006,which is the next uniform election date,and will be held in conjunction with the General Election for Wylie Council seats. There is a separate item tonight to approve by Resolution,the Calling of said election for May 13,2005. 428985-1 RESOLUTION NO. 2005-29 R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING AND APPROVING THE CITY SECRETARY'S CERTIFICATION OF THE NUMBER OF QUALIFIED SIGNATURES ON TWO PETITIONS TO ORDER A LOCAL OPTIONS ELECTION TO LEGALIZE: 1.) THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY; AND 2.) THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has received two petitions in conformance with the requirements of Chapter 501 of the Texas Election Code ("Code"); and WHEREAS, On October 6, 2005 the City of Wylie received two sets of signed petitions from the Wylie Citizens for Economic Progress to order a local option election to legalize: 1.)the legal sale of beer and wine for off-premise consumption only; and 2.) the legal sale of mixed beverages in restaurants by food and beverage certificate holders only; and WHEREAS, signatures of registered Wyllie voters were verified on both petitions using a statistical sampling method as provided for by Code Section 501.031; and WHEREAS, both petitions were required to contain 1129 voter signatures representing 35% of the Wylie citizens in Dallas, Collin, and Rockwall Counties that voted in the last Governor's election in November of 2002; and WHEREAS, the City Secretary verified the qualified signatures which exceeded the sampling requirement of 282 qualified voters; and WHEREAS, after duly verifying the signatures within the thirty (30) day period as required by statute, the City Secretary certified that the Petitions contain a number of signatures that exceed the required sampling (Attachment A) statutorily required under Chapter 501 of the Code. Resolution No. 2005-29(R) Certification of Petitions for Two Local Option Election Propositions Page 1 428983 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1: The City Council accepts and approves the City Secretary's certification of the number of qualified signatures on both Petitions for ordering a local option election as required by Chapter 501 of the Code. SECTION 2: This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED THIS 17TH DAY OF NOVEMBER, 2005 John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Julie Fort, City Attorney Resolution No. 2005-29(R) Certification of Petitions for Two Local Option Election Propositions Page 2 428983 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No.#: 100-5113-56070 Date Prepared: October 24, 2005 2006 Elections(General) Budgeted Amount: $15,500 Exhibits: 2 AGENDA SUBJECT: Consider and act upon Resolution No. 2005-30(R) approving the acceptance of the certified local option petitions, signatures and sampling method performed for two propositions: 1.) The legal sale of beer and wine for off-premise consumption only;and 2.) The legal sale of mixed beverages in restaurants by food and beverage certificate holders only, presented to the City Secretary by the Wylie Citizens for Economic Progress (David Karr, Treasurer) on October 6, 2005. RECOMMENDED ACTION: SUMMARY: On September 2, 2005, the Wylie Citizens for Economic Progress (David Karr, Treasurer) submitted the applications with the required 10 verified signatures for the local option election petitions for: 1.)the legal sale of beer and wine for off-premise consumption only;and 2.)the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. The sale of beer&wine for off-premise consumption applies to local grocery and convenience stores and would allow package stores. The sale of mixed beverages in restaurants by food and beverage certificate holders applies to restaurants whose gross receipts from the sale of mixed beverage sales are 50%or less of the total gross receipts from the premises. After a review of various local governments' local option petition forms, draft forms were reviewed by the City Attorney's Office, approved and issued to the petitioners on September 13, 2005. On October 6, 2005, the petition forms for both propositions were submitted back to the City with 1801 and 1766,signatures,respectively. During the weeks of October 7-19, 2005 the signatures of registered Wylie voters were verified using a statistical sampling method (see attachment) as provided by the Texas Election Code (Code) Section 501.031. Both petitions were required to contain 1129 voter signatures(1129 represents 35%of the Wylie citizens in Dallas,Collin and Rockwall Counties that voted in the last Governor's election in November 2002, Reference- Code 501.032). Both petitions exceeded the required 1129 valid signatures; actually both petitions exceeded this requirement by an additional 50-60%. Both petitions had a high percentage of valid signatures from this sampling of around 75%. APPROVED BY: Initial Date Department Director: CE \ 10/24/05 City Manager: 4.28R \ lO.?8--6J 42syss-t AGENDA SUBJECT:Consider and act upon the acceptance of the certified local option petitions, signatures and Ordinance#2005- calling for a Special Election for local option propositions for May 13,2005. SUMMARY: (Continued) After the verification of the required number of registered voters,as evidenced by the certification,the City Council must after 30 days,of the filing of the petitions,accept the applications and signatures,and an election must then be called at the next Regular City Council Meeting pursuant to Code 501.032, for the voters to decide both issues. (The election will be for or against proposition on both local option issues). This Special Election will be held on May 13,2006,which is the next uniform election date,and will be held in conjunction with the General Election for Wylie Council seats. There is a separate item tonight to approve by Resolution,the Calling of said election for May 13,2005. 428985-1 Received October 6, 2005 City Sec. Office Verification completed 10/19/05 PETITION FOR LOCAL OPTION ELECTION TO LEGALIZE Verification as of 10/19/05 "The Legal Sale of beer and wine for off-premise consumption only" • 1766 signatures received/1129 required signatures needed (35% of persons who voted in the 2002 gubernatorial election per TABC Code 251.11 —Requirements To Order Election) • Per *Texas Alcoholic Beverage Code(TABC) -needed to verify 282 qualified signatures • Verified 323 qualified signatures "The Legal Sale of mixed beverages in restaurants by food and beverage certificate holders only" • 1801 signatures received/1129 required signatures needed (35% of persons who voted in the 2002 gubernatorial election per TABC Code 251.11—Requirements To Order Election) • Per *Texas Alcoholic Beverage Code (TABC)—needed to verify 282 qualified signatures • Verified 339 qualified signatures Calculations used per *TABC: The Legal Sale of mixed beverages in restaurants The Legal Sale of beer and wine for off-premise by food and beverage certificate holders only consumption only 1801 total signatures 1766 total signatures 1 129 signatures needed/1801 = 62.7% 1 129 signatures needed/1766= 63.9% 1801/every 411' signature =450 1766/every 411' signature =442 450 x 62.7% =282 to be verified 442 x 63.9% =282 to be verified Total verified/qualified - 339 Total verified/qualified -323 *Texas Alcoholic Beverage Code(TABC)—Chapter 251 §251.10. Verification of Petition. (a) .... "The political subdivision may use a statistical sampling method to verify the signatures". CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: November 9, 2005 Budgeted Amount: $15,500.00 Exhibits: Resolution AGENDA SUBJECT: Consider and act upon the approval of Resolution No. 2005-30(R) a Resolution of the City Council of the City of Wylie, Texas, ordering a Special Election (Local Option Election) pursuant to the Texas Election Code to be held on May 13, 2006; providing notice of the election; establishing other procedures for conducting the election; and providing an effective date. RECOMMENDED ACTION:Approval SUMMARY: Approval of the certification by the City Secretary of signatures on local option petitions have been approved in the previous agenda Item #B (Resolution #2005-29). This resolution orders a special election to be held on the next uniform election date of May 13, 2006 pursuant to the new Title 17, Chapter 501 of the Election Code. Election polling places and early voting/election day times and other pertinent information will be added and brought back to Council at a later date when this information is available from Collin County, Dallas County and Rockwall County Elections Administrators. APPROVED BY: Initial Date Department Director: CE \ 11/09/05 City Manager: ind e \ i/-i/-or 1 RESOLUTION NO. 2005-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ORDERING A SPECIAL ELECTION (LOCAL OPTION ELECTION) PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 13, 2006; PROVIDING NOTICE OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie,Texas ("City"), is a home-rule municipality acting under its duly adopted charter pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has received two petitions in conformance with the requirements of Chapter 501 of the Texas Election Code; and WHEREAS, Chapter 501.031 of the V.T.C.A., Texas Election Code ("Code") requires that the election be ordered; and WHEREAS, by this Resolution, it is the intention of the City Council to order an election on the issues, designate polling places for the election and provide for other necessary officers and to establish procedures for conducting the election; and WHEREAS, changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. SPECIAL ELECTION ORDERED: A Special Election is hereby ordered by the City Council of the City of Wylie, Texas to be held on Saturday, May 13, 2006, at which the following shall appear on the ballot: PROPOSITION NO. 1 o FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE o AGAINST CONSUMPTION ONLY PROPOSITION NO. 2 o FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY o AGAINST FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY SECTION 2: ELECTION PROCEDURES AND NOTICE: The election, including Resolution No. 2005-30 (R) Call for May 13, 2006 Local Option Petition Page 1 providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECTION: 3: NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Alcoholic Beverage Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. DULY PASSED AND ADOPTED, this thel7th day of November, 2006. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary (City Seal) Resolution No. 2005-30 (R) Call for May 13, 2006 Local Option Petition Page 2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 2, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Wylie Lakes Phase 2. Subject property being generally located at the southeast corner of Forest Ross Road and Skyview Drive. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 18, 2005, 6—0 to recommend approval. SUMMARY: The Final Plat under consideration is for the Wylie Lakes Phase 2 Addition. The property totals 24.778 acres in size, and will create 87 single-family residential lots with most exceeding the 8,500 square feet minimum required by the PD. The plat also dedicates several open space lots to the Homeowner's Association. The property is part of the 121-acre Wylie Lakes Planned Development District (PD 2003-18), which is a mixed- use development including Single-family 1A/26 residential, Single-family 8.5/17 residential, Townhouse (TH) residential, Commercial/Retail and Parks and Open Space. The subject plat is the second installment of the Wylie Lakes development. The Concept Plan and Planned Development(PD 2003-18)were approved by the City Council on August 26, 2003. Final Plats for Phases 1A and 1B were approved by the City Council on August 23, 2005. The initial Preliminary Plat for Phase 1 was approved on November 11, 2003. These phases created detached residential lots as well as attached townhouse lots. Spencer Lane was platted by phase one, and will be extended north to Skyview to provide two points of access into the subdivision. APPROVED BY: Initial Date Department Director: MM \ 11/2/05 City Manager: ' \ //-//0t 1 c 8 g 1 Fc- v - c >n JI 4 G RI FHII a'.'C - .. ._.._.._. ,w P 0.6 �, TRACT I TRO.0 ,. z .:. _ ,s "_. POET VICINITY MAP TRAC? 1 Xr. iw__ eeF i..r x ri s I I r I�cc I 1 � I � .11 r J_ / li"31KNRV.AYE" ^'F- ,f� e _ { s . i /� a SEPE6 UE I._ 1 I ; .,.?:.:',':,1'''',', I;_I,,''.''-' I / P I_ 3 �i u Of l+ + ,-4 EI ttt 1 il II �/ } 1 L Jl j C t t �' + ,I--'''''' -� 1 , 2 r` �. �-- � E +ae+ wtc ILLrow u e I_ ". r - so r }_ , -i c� h Ql' r oL n I z_ a i t I, s ? � ., R 4�5a '� _ 9 _ 3 _'1 . _ 4.) C h 1� c5 xc ,I e �I a A_ > 1^ _ xL 1l _ �.6 1 I '6 s rz E - t — Imwnx ' mrvtt u+c 1 zs i Fr',o _ • e „.c E i _ L s,1 I - 1t: 1 - ?I-I _ .Ar � � ni � _ _ s�. a - a 1666, 'a - _ FINAL, PLA s� „ � - .. � �T WYLIF I_AI<ES, PHASE m j I z t LEGEND o.P P RroN— E:xns, t.m_ OWNER/DEH£EJPER �G- 1. - . ,.,1_ > --. ''— - ONE5&©OYO NC. SJR VEYORANC NEER s'FI I:I'.1- f CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 2, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 12. Subject property being generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 18, 2005, 6—0 to recommend approval. SUMMARY: The property totals 25.9 acres and will create 134 residential lots. The subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The entire Planned Development is 921 acres in size with 409 acres and 1,650 single-family lots within Sachse city limits. The portion of the PD located within Wylie city limits is approximately 512 acres in size and includes a golf course, a school site, common and public open spaces, and approximately 980 single-family residential lots (SF-5.5, SF-7.2 and SF-8.4). The subject property will create lots of 5,500 square feet in compliance with the PD. This is the fourth residential phase which is entirely within Wylie city limits, and is bordered by the landfill to the north. Lost Highlands Lane will serve as the primary point of access. The Concept Plan approved as part of the Planned Development District does not serve as an approved Preliminary Plat and each subsequent phase must have a Preliminary Plat approved by City Council. Development of the subject property will comply with all applicable requirements set forth in the conditions of the approved Woodbridge PD 1998-15, and generally complies with the approved Concept Plan of the PD. The Preliminary Plat substantially conforms to the approved Conditions of the PD and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 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E • rAsa�.r .....awsaer.e.wlllaaWaur..Mmran•w' w,.o.aM. —•A.�•••�T. x SHEET 1 of 3 •� CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No.#: 612-5721-58310 Date Prepared• October 31, 2005 Budgeted Amount: $110.000 Exhibits: Final Invoice AGENDA SUBJECT: Consider and act upon approval of final acceptance of the Second and Third Street Water Line project for replacement of a water line in the alley between Second Street and Third Street and authorize final payment to Saber Development, in the amount of $8,126.42, and accept the project as complete. RECOMMENDED ACTION: Approval. SUMMARY: On July 20, 2005, the City accepted sealed bids for the replacement of a deteriorated and undersized water line located in the alley between Second Street and Third Street from Butler to Park. The existing water line was galvanized pipe, and it had deteriorated over time thus producing low flows and discolored water in its service area. The newly installed line is an eight-inch PVC line, 1,358 feet in length, with all related fittings and fixtures, and 24 new one-inch services. The City received three bids, and the bid from Saber Development was the lowest. On August 9, 2005, Council awarded a construction contract to Saber Development. The walk through has been performed and the contractor has addressed all of the items identified. During the project, two quantity adjustments were made: three additional water connections were added and the removal of 35 linear feet of asphalt was not required. The final contract price for the project after quantity adjustments is $81,264.20, which is $800.00 more than the original bid price was $80,464.20 Acceptance by the City Council will initiate the two-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. APPROVED BY: Initial Date Department Director: CH \ 11/1/05 City Manager: /VQI \ //-//-o. 1 Invoice for Payment Contractor: Saber Development Corp.,P.O.Box 540186,Dallas,TX 75354 Engineers Helmberger Assoc.Inc. Owner: City of Wylie Project: City of Wylie 8"Water Contract Amt. $80,464.20 • Invoice No.2 and final From: September 25,2005 Installed Installed Installed To: October 27,2005 This Previously To Date Item Description Unit Contract Unit Price Amount Period Total Qty Total Qty Total Qty 1 8"DR 18 Water w/Fittings&Conn. I.f. 1358 $ 49.65 $67,424.70 0.00 1358 67,424.70 1358 $67,424.70 € 2 1"Water Service&Conn to Exist ea. 21 $ 500.00 $10,500.00 0.00 24 12,000.00 24 $12,000.00 3 Trench Safety I.f. 1358 $ 0.25 $ 339.50 0.00 1358 339.50 1358 $339.50 4 Saw Remove&Repl Asphalt I.f. 110 $ 20.00 $ 2,200.00 0.00 75 1,500.00 75 $1,500.00 $80,464.20 0.00 0.00 $0.00 GRAND TOTAL: $80,464.20 0.00 81,264.20 81,264.20 Total Work Completed $81,264.20 s Materials on Hand $0.00 Subtotal $81,264.20 Less: Retainage 0% $0.00 Subtotal $81,264.20 Less: Previous Payments ($73,137.78) Amount Due $8,126.42- _ By: // Date: /& � �S Sa Development Corporatio By: Date: By: Date: `12.-57L1 -5-83( CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No. #: Date Prepared: November 1, 2005 Budgeted Amount: N/A Exhibits: Easements AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute utility easements for Atmos Energy facilities located along Ballard Avenue. RECOMMENDED ACTION: Approval SUMMARY: On February 8, 2005 Council approved an agreement with Atmos Energy for the relocation of a gas pipe junction and pipelines located along Ballard Avenue at Cloudcroft Drive. Attached are two easements necessary for the relocation of the facilities. Staff recommends approval. APPROVED BY: Initial Date Department Director: CH \ 11/1/05 City Manager: IV8 \ %t--//-" 1 MOS energy October 6, 2005 Mr. Mr. Chris Hoisted, P.E. City Engineer City of Wylie 949 Hensley Lane Wylie, Texas 75098 Re: Line D17-4 (10"), Wylie T25-1 Line D17-4 Loop (16"), Wylie T26-1 Line D17-4-1 (3"), Wylie T26-1 Ballard Street Relocation Collin County, Texas Dear Mr. Hoisted: Enclosed are two originals of the two easements necessary for the relocation of approximately 560 linear feet of 16-inch steel pipeline, and abandonment in place approximately 137 feet of existing 16-inch pipe;relocation of approximately 920 feet of 10-inch steel Line D 17-4, and abandonment in place approximately 516 feet of existing 10-inch pipe; relocation of approximately 720 feet of 3-inch steel Line D17-4-1, and abandonment in place approximately 1,005 feet of existing 3-inch pipe;and removal and relocation the existing above ground pipeline junction installation to accommodate the proposed widening of Ballard Street. Please have both originals of both easements executed and notarized and returned to my attention(When these have been executed, if you call me,I will pick them up and save mailing time). Upon return of the fully executed and notarized easement documents to this office, one original will be forward to the County Clerk's Office for recording. Following recordation,you will be furnished a copy of the recorded instrument for your records. The check in the amount of the estimated cost has just been received.Upon return of the executed instruments, scheduling of the actual relocations can proceed. Atmos Energy needs to have this completed before the onset of cold weather. Sincerely, // Thomas E. Holley Right of Way Representative (214) 206-2937 Atmos Energy Corporation 5420 LBJ Freeway,Ste 1800,Dallas TX 75240 LINE: Wylie RW #: T25-1 PIPELINE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That THE CITY OF WYLIE, a municipality, 200 Highway 78 North, Wylie, Texas 75098 hereinafter designated "Grantor" (whether one or more),for and in consideration of the sum of ten dollars ($10.00) and other considerations, in hand paid by ATMOS ENERGY CORPORATION, a Texas corporation with offices located at 5420 LBJ Freeway, Suite 1800, Dallas,Texas 75240, hereinafter designated "Grantee", has granted, sold and conveyed, and by these presents does grant, sell and convey, unto the said ATMOS ENERGY CORPORATION, its successors and assigns (said entity and its successors and assigns are herein collectively called "Grantee"), a thirty foot (30') wide free and unobstructed right of way and exclusive easement for the purpose of laying, constructing, operating, maintaining, inspecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline or pipelines, including the right to replace such pipelines with other lines as well as the right to install additional pipelines in the future as may be necessary or convenient for Grantee, all within the easement herein described, for the transportation of oil, gas and other fluids or substances, or any of them, and the products thereof, together with such drips, valves, fittings, meters, aerial markers, graphite and steel anodes and other devices for the control of pipeline corrosion, and similar appurtenances as may be necessary or convenient in the operation of said lines, over, across, under and upon the following described lands located in Collin County, Texas, to-wit: Being a tract of land, out of the A. Atterbery Survey, Abstract No. 23, in the City of Wylie, Collin County,Texas and being a portion of a tract conveyed to Ernesto Almodovar&Yolando Almodovar by deed recorded in Volume 2988, Page 336, Land Records of Collin County, Texas, to which recorded instrument reference is made for further description. The right of way and easement herein conveyed shall be thirty feet (30') described by metes and bounds and as shown on Exhibit "A" attached hereto and made a part hereof. Grantee shall also be entitled to use an additional forty-five feet (45') of Grantor's adjacent land and additional land as reasonably necessary at road and creek crossings for construction purposes and this right is to terminate upon completion of the initial construction. Grantor represents that the above described land is/is not rented to on a cash/crop basis. Grantee, its successors and assigns, shall have the right to select the exact location of said pipelines and any future additional pipelines within said strip, and to do whatever may be requisite for the use and enjoyment of the rights herein granted, including the right of ingress and egress over Grantor's adjacent lands and roads to or from said strip for the purpose of laying, constructing, reconstructing, repairing, maintaining, operating, inspecting, patrolling and removing said pipelines and their appurtenances;with the right to trim, cut down, or eliminate trees or shrubbery to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of said lines and to remove possible hazard thereto, and the right to remove,or prevent the construction of, any and all buildings, structures, reservoirs or other obstructions on said strip which, in the sole judgment of the Grantee, its successors or assigns, may endanger or interfere with the efficiency, safety, or convenient operation of said lines and appurtenances; Grantor further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without the prior approval of Grantee. This agreement,together with the other provisions of this grant, shall constitute covenants running with the land, binding upon Grantor, his heirs, legal representatives and assigns, for the benefit of Grantee, its successors and assigns. Grantee, its successors and assigns, agrees to bury said pipelines to a sufficient depth so as not to interfere with the cultivation of the soil. The aforesaid consideration includes any and all damages that may be sustained by original construction of said lines, including without limitation, cutting trees and damages to land, trees, buildings, fences and growing crops; after the original construction Grantee will pay to the owner of the land and, if leased,to his tenant, as they may be respectively entitled, actual damages done to timber, fences and growing crops by reason of entry to repair, maintain and remove said pipelines, or for any future construction TO HAVE AND TO HOLD the above described easements and rights unto said ATMOS ENERGY CORPORATION, its successors and assigns, until all of said lines, appurtenances and related facilities thereto shall be abandoned. Grantee shall have the right to assign this easement in whole or in part to one or more assignees. Grantor hereby binds himself, his heirs and legal representatives, to warrant and forever defend all and singular the above described easements and rights, unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. It is hereby understood that the party securing this grant in behalf of Grantee is without authority to make any covenant or agreement no herein expressed. IN TESTIMONY WHEREOF,witness my/our hand/s this the day of , 2005. THE CITY OF WYLIE By: Carole Erhlich John Mondy City Secretary Mayor STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared John Mondy known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of The City of Wylie, a municipality, as Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2005. Notary Public in and for the State of Texas (Print Name of Notary Public Here) My Commission Expires: EXHIBIT "A" r_ 95.20' 50.00' �� DRIVE i S 89'40'16" E CLOUDCROFT POINT OF I I COMMENCING I I I I 1 >- W I ' . W I W _1LOT 19 I N`m Q Terry Don Brown cc Q Go I I Sherry A. Brown (1 i ¢.;o n 4366/0980 1 I �-' I I LOT 1 0 1 I I °a�a' I I I oY c0 ,1._ — — N U J I L- O m N 89'59'53' E cn LOT 2 15' ALLEY 46.27' PROPOSED i 1 POINT OF 30' ATMOS ESMT. / / BEGINNING cn- 0.032 ACRES / // /� — — h-� 1,391 SQ. FT. / •� 6 wa / / = I I w a 0_ U Y / / 00 d O I I Q \ • / / ( In 0 I Choice Homes, Inc. J I / d O 0 4444/0605 i Z I I or* �� I LOT 3 Dm I �., z (0 V I iI is,'' PROPOSED o 30' ATMOS ESMT. I �E E S 89'59'53" W BLOCK — B aI ¢ � 46.50'� I I 0000 1 mjcl I I LOT 4 I L oc`l I Choice Homes, Inc. IWr H I 04518/00933 II I _ _ PROPOSED I I to — —R.O.W. I I � Iv) II I I 1 W I I I I >o 0 Darron D. Thompson I I I I I 4366/0930 LOT 5 / i Q 1 1 I I a.: ,n O I 1 o m I V N i ,, I w o o II �' O 1 I I o � 7 ''.7.---------- 1 1 N I I / BASIS OF BEARINGS I1\-\ I I II / BEARINGS SHOWN HEREON ARE BASED ON I > /0 G.P.S. MEASUREMENTS 1 I I I II cc II I William C. Melton Deanna K. Melton I �t.OF•TE'�I i 4321/2844 LOT 6 P _GgTE4 •t f1 (03,0O•• 41 0' 30' 60' 120' — — *' — MIIIIIIIII — s ............. : Scale 1"=60' ;A 4581���•, 15' ALLEY � i .P.,ESSy�c ! ;, / Cab, + `°.. , Wlnkelmann — — ���, �� & Associates, Inc. I (t� — CONSULTING CIVIL ENGINEERS • SURVEYORS t AI ( 972 ) 490-7090 FAX ( 972 ) 490-7099 Lone Star Gas 273/119 �7, Scale : 1---60' Date :7/14/05 A. ATTERBERRY SURVEY, ABSTRACT NO. 23 SHEET OF Design : W.A.i. COLLIN COUNTVITY& DALLASICOUNTY, TEXAS PROPOSED 30' ATMOS ESMT. Drawn : AFW 0.032 ACRES Dwg. File : 32201exh—gas CITY OF WYLIE 1,391 SQ. FT. OF 200 9 9 0 HIGHWAY 78 N. Project No. : 32201.00 WYLIE, TX 75098 2 EXHIBIT "A" FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF COLLIN BEING a tract of land situated in the A. ATTERBERRY SURVEY, Abstract No. 23, in the City of Wylie, Collin County, Texas, and being a portion of a tract of land conveyed to j ERNESTO ALMODOVAR & YOLANDO ALMODOVAR by deed recorded in Volume 2988, Page 336 (LRCCT), and being more particularly described as follows: I COMMENCING at the intersection of the southerly right—of—way line of CLOUDCROFT DRIVE (variable width right—of—way) and the easterly right—of—way line of BALLARD STREET (variable width right—of—way); l THENCE departing the easterly right—of—way line of said BALLARD STREET and along ! the southerly right—of—way line of said CLOUDCROFT DRIVE South 89 deg 40 min 16 1 sec East a distance of 95.20 feet to a point in the westerly line of a PROPOSED 50' ATMOS ESMT.; THENCE departing the southerly right—of—way line of said CLOUDCROFT DRIVE and along the westerly line of said PROPOSED 50' ATMOS ESMT. As follows: I South 00 deg 19 min 44 sec West a distance of 172.16 feet to the POINT OF BEGINNING; South 00 deg 19 min 44 sec West a distance of 30.00 feet to a point for i corner; THENCE departing the westerly line of said PROPOSED 50' ATMOS ESMT. South 89 deg 59 min 53 sec West a distance of 46.50 feet to a point for corner in the proposed easterly right—of—way line of said BALLARD STREET; THENCE along the proposed easterly right—of—way line of said BALLARD STREET North 00 deg 46 min 03 sec East a distance of 30.00 feet to a point for corner; THENCE departing the proposed easterly right—of—way line of said BALLARD STREET North 89 deg 59 min 53 sec East a distance of 46.27 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.032 acres or 1 ,391 square feet of land, more or less. Bearings cited herein are based on G.P.S. measurements. ip.S�OF........TS vj: z je.=••• 8 • • • =teasso• ` NIND GS67i,„"ll., Winkelmann ,� � & Associates, Inc. ' CONSULTING CIVIL ENGINEERS • SURVEYORS ,1 ( 972 ) 490-7090 FAX ( 972 ) 490-7099 U` YY Scale : 1"=60' Date :7/14/05 A. ATTERBERRY SURVEY, ABSTRACT NO. 23 SHEET COLLIN COUNTY Sc Design : W.A.I. CITY OF WYLIE PROPOSED 30' ATMOS ESMT. DALLAS COUNTY, TEXAS 2 Drawn . AFW 0.032 ACRES CITY OF WYLIE OF Dwg. File : 32201exh—gas 2000 HIGHWAY 78 N. 1,391 SQ. FT. Project No. : 32207.00 WYLIE, TX 75098 2 CITY OF WYLIE Item No. H Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: October 27, 2005 Budgeted Amount: Exhibits: Vendor registration form AGENDA SUBJECT: Consider and act upon a request from cub Scout Pack 301 to have a fundraiser at the Bart Peddicord Community Center on January 21, 2006. RECOMMENDED ACTION: N/a SUMMARY: Mrs. Eppler notified the staff at the BP Community Center that their Cub Scout Pack would like to sell food items at their event in order to raise funds for trophies and other miscellaneous costs of the event. Staff has worked with many groups such as Pack 301 and does not foresee any problems with this event. The Parks and Recreation Board approved the request for Pack 301 at the October 24, 2005 meeting. APPROVED BY: Initial Date Department Director: MS \ 10/27/05 City Manager: Md/Z \ ¢4' ttr. -rrifk • CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP, ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Cub Scout Pack 301 Location Bart Peddicord Community Center Address 1500 Park Date(s) E"2 F"Otk Phone No.972-442-4673 Start Time 11:00 AM Alternate Phone No. 972-442-5399 End Time 4:00 AM Contact Person Name Laura Eppler Number of Individuals Vending Items 8 Address 1 Harvest Way,Wylie,TX 75098 Target Audience Pack Members Phone No.972-442-4673 Anticipated Number in Attendance at Event i,D Alternate Phone No. 972-442-5399 Specific Items to be Sold Nachos, Hot Dogs, Candy, Chips, Colas. Emergency Contact Name Dave Hennesey These items will be sold to encourage family participation in the Address '1308 Shelby Ct,Wylie, TX 75098 event. The items will be sold to cover the cost of the item with". Phone No.972-429-3794 any remaining money going back into the pack fund to help Alternate Phone No. 469-477-8151 cover the cost of the event. The event will last from 8:00am until 6:00pm with food being sold from 11:00 until 4:00. Helpful Information The City of Wylie has an exclusivecontract that allows the sale of only Pepsi products within all park,recreation,conlmunitycenter facilities and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms-Or corporations.,or the agents of any person,or organization,6rm or corporation,or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods.wares, and merchandise within the city park or recreation or community center facilities of the city. • • CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: October 27, 2005 Budgeted Amount: Exhibits: Vendor registration form AGENDA SUBJECT: Consider and act upon a request from the Lions Club to sell "Picnic Packs" as a fundraiser during the fall 2005 and spring 2006 sports seasons at Community and Founders Park. RECOMMENDED ACTION: N/a SUMMARY: The Lions Club approached staff about this program to offer healthy alternative meals to parents using the sports complexes at Community and Founders Park. The process and prices involved are on the attached sheets. Staff has met with the vendor and reviewed their proposal. The only conflict that staff has with the proposal is the drinks that the vendor will be selling. Staff would like the vendor to work with the concessionaire to provide drinks for their program. This would be the only stipulation that the vendor would need to make for this program. This item was tabled at he September 12,2005 Board meeting. The Board wanted input from the concession vendor on the sale of Pepsi products explored first prior to approving the request. Staff has meet with the concessionaire and they are not interested in providing or selling drinks to the Lions Club for their activities. Therefore staff will now work with the Lions Club to either provide them drinks to sell or the vendor will be able to secure their own drinks for sale. At this time staff is still considering both options at this time. The Parks and Recreation Board approved the Lions Club request at the October 24, 2005 meeting. APPROVED BY: Initial Date Department Director: MS \ 10/27/05 City Manager: /Md/2 CITY OF.Cf_YEIE CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION.INDIVIDUAL.ETC. EVENT INFORMATION Name Lions Club Location Address Wylie,Texas Date(s) Phone No.972-442-8073 Start Time Alternate Phone No. 214-663-2416 End Time Contact Person Name Angel Wygant Number of Individuals Vending Items Address 196 Squirrel Ridge,Wylie,Texas 75098 Target Audience Phone No.972-442-8073 Anticipated Number in Attendance at Event Alternate Phone No. 214-663-2416 Specific Items to be Sold Emergency Contact Name Mark Wygant Address 196 Squirrel Ridge,Wylie,Texas 75098 Phone No.972-442-8073 Alternate Phone No. 972-567-0560 Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle,sell or offer to sell any cold drinks,cigars, tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided, however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. J City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: 100-5521-56040 Date Prepared: November 4, 2005 Budgeted Amount: $300.00 Exhibits: 2 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an agreement with the American Society of Composers, Authors and Publishers (ASCAP) for$268.00 for music licensing for 2006. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Staff is requesting the Council to consider authorizing the Mayor to enter into an agreement with the American Society of Composers, Authors and Publishers (ASCAP) for music licensing pertaining to the concert series for 2006. The yearly fee for the licensing is $268.00 and is required to be paid by the venue hosting the event. This fee is based on the size of the City, and it covers a wide range of music. The ASCAP agreement is an industry standard that is also executed by other cities hosting similar events. The following cites currently have agreements with ASCAP: Plano, Garland, Rockwall, Allen, and McKinney. The City Attorney has reviewed the agreement, and their opinion is included in the exhibits. APPROVED BY: Initial Date Department Director: MS \ 11/04/05 City Manager: 4 NIOil _ ■ ASCAP DISCLOSURE STATEMENT This is notice that, in compliance with Sec. 3 of the 1995 Texas Copyright Royalty Collection Practices Act(V. Tex. C.A.,Occupations Code §§2102.001,et seq.): (1)The performing rights license agreement you have been offered by the American Society of Composers,Authors and Publishers(ASCAP)contains a schedule of the rates and terms of royalties under that contract; (2)At your request,you have the opportunity to review the most current available list of the members of ASCAP;and (3)ASCAP will make available, on your written request,and at your sole expense,the most current available listing of the copyrighted musical works in the ASCAP repertory. You may obtain gratis the most current available list of ASCAP's members by written request to ASCAP,2690 Cumberland Parkway, Suite 490,Atlanta,GA 30339,Attention:Phil Skinner. Information about ASCAP's members and the musical works in the ASCAP repertory can be obtained in a variety of ways. Separate databases of works that have been registered with ASCAP since January 1, 1991,or identified in ASCAP's surveys of performed works since January 1, 1978,are available online at the ASCAP Web Site,www.ascap.com(access the"ACE Database of Musical Titles" to determine whether particular songwriters or specific songs are in the ASCAP repertory). Data similar to that contained in the ACE Database is also available on CD-ROM and is available free of charge by written request to ASCAP,One Lincoln Plaza,New York,NY 10023,attn:Director of Repertory. More comprehensive records of the titles,dates of U.S.Copyright registration(if any),writers and current publishers or other copyright owners of all known works in the ASCAP repertory are available for public inspection at ASCAP's New York office during regular business hours. A printed current list of ASCAP members can be obtained gratis by written request to ASCAP,2690 Cumberland Parkway, Suite 490, Atlanta,GA 30339,attn:Phil Skinner. A computer-generated listing of copyrighted musical works in the ASCAP repertory may also be obtained by written request addressed to Mr. Skinner at a cost of$2200.00 plus shipping and handling(the listing is over 10,000 pages in length). You can also call or write to us for information as to specific works: (800)95-ASCAP; or,at our New York address,attn: Repertory Dept. --Clearance Section. ASCAP 2005 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Base License Fee POPULATION BASE LICENSE FEE 1 - 50,000 $ 268 50,001 - 75,000 537 75,001 - 100,000 644 100,001 - 125,000 860 125,001 - 150,000 1,074 150,001 - 200,000 1,396 200,001 - 250,000 1,718 250,001 - 300,000 2,041 300,001 - 350,000 2,364 350,001 - 400,000 2,686 400,001 - 450,000 3,008 450,001 - 500,000 3,331 500,001 - plus 4,082 plus$500 for each 100,000 of population above 500,000 to a maximum fee of$53,714. SCHEDULE B Special Events The rate for Special Events shall be 1%of Gross Revenue. "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event exceeds$25,000. "Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be$268. License Fee for Year 2006 and Thereafter For each calendar year commencing 2006,all dollar figures set forth in Schedules A,B and C above(except for$500 add-on for populations of 500.001 or more)shall be the license fee for the preceding calendar year,adjusted in accordance with the increase in the Consumer Price Index-All Urban Consumers(CPI-U)between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP,2690 Cumberland Parkway, Suite 490, Atlanta,GA 30339-3912 1-800-505-4052 770-805-3475(Fax) American Society of Composers, Authors and Publishers 2690 Cumberland Parkway,Suite 490 Atlanta,GA 30339 INVOICE City of Wylie,TX 2000 Hwy 78 N Wylie,TX 75098 Re: City of Wylie,TX 2000 Hwy 78 N Wylie,Wylie TX Billing Period: December 01,2005 Thru November 30,2006 Annual Rate: $268.00 Amount Due $268.00 The only credit cards ASCAP accepts are MasterCard and VISA Payment Amount: $ Check No: Credit Card No: Expiration Date: VISA Mastercard Name exactly as on Card: Signature: Cardholder acknowledges receipt of good and/or services in the amount of the total shown hearon and agrees to perform the obligations set forth in the Cardholder's Agreement with the Issuer. Please return ALL PAGES of signed License Agreement with your payment. License fees due and payable in advance. Retain bottom portion for your records. City of Wylie,TX 2000 Hwy 78 N Wylie,TX 75098 Billing Period: December 01,2005 Thru November 30,2006 Annual Rate: $268.00 LICENSE AGREEMENT-LOCAL GOVERNMENTAL ENTITIES Agreement between American Society of Composers,Authors and Publishers("SOCIETY"),located at 2690 Cumberland Parkway,Suite 490.Atlanta,GA 30339 and City of Wylie,TX ("LICENSEE"),located at 2000 Hwy 78 N Wylie TX 75098 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"and"Functions,"and not elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the"ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment"or"Mechanical Music". For purposes of this Agreement, (i) "LICENSEE"shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (ii) "Mechanical Music"means music which is performed at the Premises by means other than by live musicians who are performing at the Premises,including,but not limited to(A)compact disc,audio record or audio tape players (but not including"jukeboxes"),(B)videotape,videodisc or DVD players;(C)the reception and communication at the premises of radio or television transmissions which originate outside the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or other performers. (iv) "Premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and recreational facilities, including,but not limited to,community centers,parks,swimming pools,and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSFF. (v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies,including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shall include,but are not limited to,aerobics and exercise classes,athletic events, dances and other social events,concerts,festivals,arts and crafts fairs,and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event exceeds$25,000(as defined in paragraph 4.(d)below). (b) This Agreement shall be for an initial term of one year,commencing December 01,2005,which shall be considered the effective date of this Agreement,and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty(30)days prior to the end of the initial or any renewal term. If such notice is given,the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement,nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire,Internet,website or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;and(ii)performances by means of background music(such as Muzak)or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing,videoconferencing or similar technology. (c) This license is limited to non-dramatic performances,and does not authorize any dramatic performances.For purposes of this agreement,a dramatic performance shall include,but not be limited to,the following: (i) performance of a"dramatico-musical work"(as hereinafter defined)in its entirety; (ii) performance of one or more musical compositions from a"dramatico-musical work(as hereinafter defined) accompanied by dialogue,pantomime,dance,stage action,or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot,whether accompanied or unaccompanied by dialogue,pantomime,dance,stage action,or visual representation; (iv) performance of a concert version of a"dramatico-musical work"(as hereinafter defined). The term"dramatico-musical work"as used in this Agreement,shall include,but not be limited to,a musical comedy,opera,play with music,revue,or ballet. (d) This license does not authorize performances: (i) at any convention,exposition,trade show,conference,congress,industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE,is presented entirely on LICENSEE'S Premises,and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player(jukebox)for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein,LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee"and any applicable"Special Events License Fees",all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee"means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S.Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees"mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality,county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal,county or other local government entities. Unless otherwise limited by law,LICENSEE shall pay a finance charge of 1.5%per month from the due date,or the maximum amount permitted by law,whichever is less,on any required payment that it is not made within thirty days of its due date. 4. Reports and Payments (a) Upon the execution of this Agreement,LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S.Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event,LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement,LICENSEE shall indicate the name,address,phone number and ASCAP account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP,LICENSEE shall pay the license fee due hereunder,notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP,where available,copies of all programs of musical works performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d)above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S.Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default,and in the event that such breach or default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination,ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with,or substantial increase in the cost of,ASCAP's operations as the result of any law in the state,territory,dependency,possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination,ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP,which are required by local,state or federal law for other municipalities,counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race,creed,color,sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail,by generally recognized same-day or overnight delivery service or by electronic transmission(i.e.,Mailgram,facsimile or similar transmission)to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information,such as change of address,change of person/office responsible,etc.within 30 days of such change. AMERICAN SOCIETY OF COMPOSERS, LICENSEE City of Wylie,TX AUTHORS AND PUBLISHERS By TITLE By (Fill in capacity in which signed: (a) If corporation,state corporate office held; (b) If partnership,write word "partner"under signature of signing partner; (c)If individual owner,write"individual owner"under signature.) , 11/03/2005 10:24 FAX 2145444040 ABERNATHY ROEDER ET AL el002/002 ABERNATHY ROEDERil BoYDJi T T T 7 tll1700 Reua Boulevard.suite 300•P.o.Brat1210-McKimey.Texas75070-1210r L 1 v tam 214.544,4000•fax 214.5444040 ATTORNEYS AT LAW �uabemat liw.a JULIE Y.FORT 1 fr Dial 214 544.403c November 3,2005 Via Facsimile(972)442-1744 Mr.Robert Diaz City of Wylie 2000 Hwy.78 North Wylie,Texas 75098 RE: Schwensen Agreements and ASCAP Agreement Dear Robert: I have reviewed the Entertainment Agreement with Stewart Schwensen Productions,LLC for the spring and summer concert series in 2006, and the Entertainment Agreement for the fall concerts in 2006("Agreements"). I do not have any changes to either of the Agreements,at;each of my comments from last year have been incorporated into them. However,as in previous years, I must point out that these Agreements do not contain many of the standard terms that we n JI many include in a contract for the City. In regards to the ASCAP License Agreement,the agreement that has been presented :o you is the agreement that was negotiated with ASCAP by the International Municipal Lawyers Association. Therefore,I also approve of the form of the Licensing Agreement,even thought it does not contain many of the standard terms we would normally include in a contract for the City. Please let me know if you have any additional questions in regards to these matters_ Very truly yours •rh- Julie Y.Fort JYF/kb cc: Mark B.Roath(Via Facsimile) 429283.1 CITY OF WYLIE Item No. K City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: 100-5521-56040 Date Prepared: November 4, 2005 Budgeted Amount: $64,750.00 Exhibits: 2 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an agreement with Stewart Schwensen Productions in the amount of$64,750.00 for entertainment/staging for the City of Wylie summer concerts RECOMMENDED ACTION: Staff recommends approval. SUMMARY: The approved FY 2005-06 Recreation budget contains funds for continuation of the summer concerts and Fourth of July fireworks display. Staff has worked with Stewart Schwensen Productions on the concert series schedule and locations as shown below. Improvements will be included in the entertainment for the Fourth of July event, and new events such as a movie night have been added. Pepperhead Pyrotechnics will again be the vendor for the fireworks display at the Fourth of July event. Staff has also added 30 minutes to each concert so that the events will now last for two hours instead of one and one half hours. Each show will be from 7:30pm to 9:30pm. The City Attorney has reviewed the agreement and their opinion is included in the exhibits. Summer 2006 Concert Schedule Thursday,June 1, 2006 Linder and Brock Instrumental Community Park Thursday,June 8, 2006 Freddie Jones Jazz Community Park Thursday, June 15, 2006 Professor D 70's and Pop Community Park Thursday,June 22, 2006 Joey Love and Blues Express Blues Community Park Friday, June 30, 2006 Emerson Drive Country Founders Park Friday,July 7, 2006 Friday Night Movie Founders Park Saturday, July 8, 2006 Christian Youth Concert Sponsored by local Founders Park churches Friday,July 14, 2006 Mammoth Jack Country Downtown-Wylie Street Dance APPROVED BY: Initial Date Department Director: MS \ 11/4/05 City Manager: fa4 504 Riviera I)rive McKinney,TX 7507(1 (972)529-I336 Stewartagent(aiyahoo.ci tin Stewart Schwensen Productions, LLC ENTERTAINMENT AGREEMENT Agreement made this 25TH day of OCTOBER 2005 between STEWART SCHWENSEN PRODUCTIONS,LLC(hereinafter called Artist)and CITY OF WYLIE,TEXAS (hereinafter called Purchaser). j� ��� �� IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT t/ H I' ( 011.1114 j I. NAME AND ADDRESS OF ENGAGEMENT: 6/1/06,6/8/06,6/I5/06,6/22/06,7/7/06,7/8/06&7/14/06 FOUNT)ERS PARK 6/30/06 WYLIE,TEXAS 2.1)ATE OF ENGAGEMENT: JUNE I,2006 (THURSDAY) LINDER&BROCK'S VOCAL TRASH DUNE 8,2006 (THURSDAY) FREDDIE JONES JAZZ BAND JUNE IS,2006 (THURSDAY PROFESSOR I) JUNE 22,2006 (THURSDAY) JOEY LOVE&BLUES XPRE_SS INDEPENDENCE DAY CELEBRATION JUNE 30,2006 (FRIDAY) EMERSON DRIVE 7:30PM-9:OOPM PEPPERHEAD PYROTECHNICS(15-MINUTE DISPLAY) JULY 7,2006 (FRIDAY) PRODUCTION ONLY(MOVIE NIGHT) JULY 8,2005 (SATURDAY) PRODUCTION ONLY(LOCAL TALENT USED) JULY 14,2006 (FRIDAY) MAMMOTH JACK 3. TYPE OF ENGAGEMENT SPRING/SUMMER CONCERT SERIES 4. HOURS: 7:3OPM 9:30PM ON EACH DATE ABOVE UNLESS NOTED OTHERWISE. 5. PRICE AGREE!)UPON: $64,750.00 6.PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $45,500.00 I)EPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO 13E RETURNED ALONG WITH SIGNED CONTRACT ON OR BEFORE DECEMBER I,2005. (EIN 20-1333768). $1,000.00 PAYABLE TO A CERTAIN SOUND&STAGE EACH ABOVE DATE(TOTAL$8.000.00). $2,000.00 PAYABLE TO STEVE LINDER JUNE I,2006. $1,000.00 PAYABLE TO FREI)1)IE IONES DUNE 8,2006. $1,5(0).00 PAYABLE TO SCOTT WHITE JUNE 15,2016. $750.00 PAYABLE TO JOE LEVINE DUNE 22,2006. $6,000.00 PAYABLE TO PEPPERHEAD PYROTECHNICS JUNE 30,2006. 7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services,as well as the ends to be accomplished. 8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall be the responsibility of Artist to withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to be withheld from the musician's fees. 9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of the Purchaser. 1 O.SPECIAL PROVISIONS PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY ALL ARTISTS TO BE PAID IN FULL ON EACH CONTRACTED DATE REGARDLESS OF WEATHER CONDITIONS"RAIN OR SHINE" ARTIST TO PROVIDE COVERED STAGING,SOUND&LIGHTS FOR EACH ABOVE PERFORMANCE. ARTIST TO PROVII)E EQUIPMENT FOR MOVIE NIGHT I I. AGENT PROVISIONS: B. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to agent within 5 days of receipt,or 1)the agent has the authority to cancel the following engagement.or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at 1%per month,and if litigation is necessary for collection,attorneys fees shall be paid by debtor,unless prohibited by applicable local law. C.If leader or key personnel of this musical group,is re-booked into this or any establishment represented by the purchaser(including chain buyers of music)within 2 yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PRODUCTIONS for commission in the rate set forth in this engagement. 12. UNION PROVISIONS: Artists agreed to insure that members of unions or guilds,which may include the leader and members of this unit,agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they may be members,Agent does not represent that artist is affiliated with any musician's union. ARBITRATION OF CONTROVERSIES Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian equivalent in Collin County,Texas,and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days, collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County,Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this agreement. 14. The recording,reproduction,or transmission of Artist's performance is prohibited absent written consent of is his union. 15. We acknowledge and confirm that we have read and approve the terms and conditions set forth in this contr Signature Signature Purchaser CITY OF WYLIE,TEXAS Leader STE AR HWENSEN PRODUCTIONS,LLC Address 2000 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070 COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSICAL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASE PLEASE SIGN CONTRACT-KEEP(I)COPY FOR YOUR FILES AND RETURN(I)COPY TO STEWART SCHWENSEN PRODUCTIONS 11/03/2005 10:24 FAX 2145444040_ ABERNATHY ROEDER ET AL RJ002/002 ABERNATHY ROEDERip BoYD J O PLIN • Mello700 Redbud Boulevard.Sole 300 214.544.400D••FeX 544 •P.O. Box 1210• GmCY,Texas 75070-1210 ATTORNEYS AT LAW JULIE Y.FORT for:a abemathy 1aw.mm i�irtct Dia1214S44.4039 November 3,2005 Via Facsimile(972)442-1744 Mr.Robert Diaz City of Wylie 2000 Hwy.78 North Wylie,Texas 75098 RE: Schwensen Agreements and ASCAP Agreement Dear Robert: I have reviewed the Entertainment Agreement with Stewart Schwensen Productions,LLC for the spring and summer concert series in 2006, and the Entertainment Agreement for the fall concerts in 2006("Agreements"). I do not have any changes to either of the Agreements,as each of my comments from last year have been incorporated into them. However,as in previous years, I must point out that these Agreements do not contain many of the standard terms that we n:n many include in a contract for the City. In regards to the ASCAP License Agreement,the agreement that has been presentee :o you is the agreement that was negotiated with ASCAP by the International Municipal Lawyers Association. Therefore,I also approve of the form of the Licensing Agreement,even though it does not contain many of the standard terms we would normally include in a contract for the City. Please let me know if you have any additional questions in regards to these matter.,_ Very truly yours -( Julie Y.Fort TYF/kb cc: Mark B.Roath(Via Facsimile) 429283.1 CITY OF WYLIE Item No. L Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: 100-5521-56040 Date Prepared: November 4, 2005 Budgeted Amount: $6,500.00 Exhibits: 2 AGENDA SUBJECT: Consider and act upon authorizing the City Manager to enter into an agreement with Stewart Schwensen Productions for$6,500.00 for entertainment/staging for two fall concerts. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: The FY 2005-06 Recreation Budget has approved funding for two concerts to be held in the fall of 2006. The events could possibly be held in conjunction with either a downtown event or other local event such as the Ranch Rodeo. Staff will work toward finalizing the details for these concerts by the end of spring 2006. The agreement for the fall dates is being requested at this time in order to secure the staging company with the locations and acts to be determined later. The City Attorney has reviewed the agreement and their opinion is included in the exhibits. APPROVED BY: Initial Date Department Director: MS \ 11/4/05 City Manager: /VA \ ////--c 504 Riviera I)rive McKinney,TX 75070 (972)52c)-1336 Stewartagent(c0,yahoo.com Stewart Schwensen Productions, LLC ENTERTAINMENT AGREEMENT Agreement made this 18TH day of OCTOBER,2005 between STEWART SCHWENSEN PRODUCTIONS,LLC(hereinafter called Artist)and CITY OF WYLIE,TEXAS (hereinafter called Purchaser). IT IS MUTUALLY AGREE!)BETWEEN THE PARTIES THAT I. NAME ANI)ADI)RESS OF ENGAGEMENT: DOWNTOWN HISTORIC DISTRICT WYLIE,TEXAS 2.1)ATE OF ENGAGEMENT: SEPTEMI3ER. I6,2(X)6 (SATURDAY) ARTIST TBA OCTOBER 14,2006 (SATURDAY) ARTIST TM 3. TYPE OF ENGAGEMENT FALL CONCERTS 4. HOURS: TIMES TBA 5. PRICE AGREED UPON: $6,5(X)..(X) 6.PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $4,0(X).00 DEPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO BE RETURNEI) ALONG WITH SIGNED CONTRACT ON OR BEFORE DEC:EMBER 1,2005.(EIN 20-1 3 3 3 768). $1,250.00 PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC SEPTEMBER 16,2(X)6. $1,250.00 PAYABLE TO STEWART SCHWENSEN PRO!)UCTIONS,LLC OCTOBER 14.2006. 7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services,as well as the ends to be accomplished. 8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall be the responsibility of Artist to withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to be withheld from the musician's fees. 9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of the Purchaser. I0.SPECIAL PROVISIONS PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY ALL ARTISTS TO BE PAIL)IN FULL ON EACH CONTRACTED DATE REGARI)LESS OF WEATHER CONDITIONS"RAIN OR SHINE" ARTIST TO PROVIDE COVERED STAGING,SOUND&LIGHTS FOR EACH ABOVE PERFORMANCE. I I. AGENT PROVISIONS: B. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to agent within 5 days of receipt,or 1)the agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at 1%per month,and if litigation is necessary for collection,attorneys fees shall be paid by debtor.unless prohibited by applicable local law. (:. If leader or key personnel of this musical group,is re-booked into this or any establishment represented by the purchaser(including chain buyers of music)within 2 yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PROI)UCTIONS for commission in the rate set forth in this engagement. 12. UNION PROVISIONS: Artists agreed to insure that members of unions or guilds.which may include the leader and members of this unit,agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they may be members,Agent does not represent that artist is affiliated with any musician's union. ARBITRATION OF CONTROVERSIES Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian equivalent in Collin County,Texas,and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days, collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County,Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this agreement. 14. The recording,reproduction,or transmission of Artist's performance is prohibited absent written consent of Artist and his I ni . 15. We acknowledge and confirm that we have read and approve the terms and conditions set forth in this ntract. Signature Signature Purchaser CITY OF WYLIE,TEXAS Leader S WART SC ENSEN PRODUCT -C Address 2000 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070 COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSICAL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASE PLEASE SIGN CONTRACT-KEEP(1)COPY FOR YOUR FILES AND RETURN(1)COPY TO STEWART SCHWENSEN PROI)UCTIONS 11/03/2005 10:24 FAX 2145444040 ABERNATHY ROEDER ET AL a 002/002 ABERNATHY ROEDER Bowghop JOPLIN * Renew1700 Re Bouleva►d.Sae 300.P.O.Box 1210- Y,Terms 75070-1210 M o 214.544,4000•FaX 214.544.4040 • ATTORNEYS AT LAW CUNT+Y.FORT 1rt z&I 2i .S44. 039 J Dyirect Dia1214S44.40:R9 November 3,2005 Via Facsimile 1972)442-1744 Mr.Robert Diaz City of Wylie 2000 Hwy.78 North Wylie,Texas 75098 RE; Schwensen Agreements and ASCAP Agreement Dear Robert: I have reviewed the Entertainment Agreement with Stewart Schwensen Productions.',LLC for the spring and summer concert series in 2006, and the Entertainment Agreement for the fall concerts in 2006("Agreements"). I do not have any changes to either of the Agreements,a:;each of my comments from last year have been incorporated into them. However,as in previous years, I must point out that these Agreements do not contain many of the standard terms that we n aI in ally include in a contract for the City. In regards to the ASCAP License Agreement,the agreement that has been presented :o you is the agreement that was negotiated with ASCAP by the International Municipal lawyers Association. Therefore,I also approve of the form of the Licensing Agreement,even though it does not contain many of the standard terms we would normally include in a contract for the City. Please let me know if you have any additional questions in regards to these matters_ Very truly yours Julie Y.Fort JYF/kb cc: Mark B.Roath(Via Facsimile) 429283.1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Library Department Council Meeting Of: November 17, 2005 Originating Department: Prepared By: Rachel Orozco Account Code No. #: Date Prepared: November 3, 2005 Budgeted Amount: NA Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an agreement with Tutor.com from December 1, 2005-December 1, 2006. RECOMMENDED ACTION: Approval SUMMARY: The Smith Public Library has the opportunity to subscribe to Tutor.com, an online Homework assistance service for grades four through twelve. Patrons will be able to access Tutor.com from the Library computers or through our website. Tutor.com will be paid for through the Lone Star Library Grant. APPROVED BY: Initial Date Department Director: RO \ 11/3/05 City Manager: ////- 1 Master Service Agreement Between Rita & Truett Smith Public Library and Tutor.com THIS MASTER SERVICES AGREEMENT,made as of November 4,2005 by and between Tutor.com,Inc.("Tutor.com")with its principal offices at 40 Fulton St, New York, NY 10038, and Rita & Truett Smith Public Library (the "Library") with its principal offices at 800 Thomas St. Wylie, TX 75098-3872, sets forth the mutual understandings of Tutor.com and the Library with respect to the delivery by Tutor.com and the purchase by the Library of the web-based communication services as set forth in the then current service order(each a "Service Order"and collectively,the"Service Orders"),the first of which is attached hereto as Exhibit A(the"Services"). For purposes of the parties' understanding the "Agreement" between the parties shall consist of the terms and conditions set forth in this Master Services Agreement,the Service Orders,and any other agreements attached hereto or subsequently signed by both of the parties and that reference this Master Services Agreement(collectively"the Agreement"). 1. License. a. Grant. Tutor.com hereby grants to the Library a non-exclusive non-transferable,limited license to use the Services during the Term(as defined below), subject to the terms and conditions set forth in this Agreement. Tutor.com hereby grants to the Library the right to permit Users(as defined below)to use the Services in accordance with the terms of the Library's permitted use under this Agreement. b. Limitation to Grant. Except as set forth herein or in any attachment to this Agreement, the Library shall not use the Services in any manner to provide web-based communication Services to any third party, nor shall the Library sublicense, transfer or distribute the Services,or any portion thereof,to any third party. Library acknowledges that no source code or technical level documentation,which is provided by Tutor.com in connection with the Services is licensed under this Agreement. c. Reservation of Rights. Tutor.com reserves all other rights to the Services, including without limitation the right to access and modify the Services for training,maintenance,upgrades,and security purposes. 2. Setup. a. Tutor.com Responsibilities. Tutor.com shall set up and deliver to the Library the Services for launch on a date mutually agreeable to the parties. b. The Library's Responsibilities. The Library shall provide Tutor.com with all information needed to develop and launch the Services. 3. Proprietary Rights. a. Library Property. The Services shall allow the Library and the Library's administrators, teachers, students, and the parents or legal guardians(collectively the"Users")to post User information and content on the Library Tutor.com websites(collectively the"Library Property"). The Library shall retain all rights to the Library Property. For the avoidance of doubt,Library Property shall not include the look and feel of the Tutor.com template pages and the source or object code for the Tutor.com template pages. To the extent permitted by law,the Library agrees to indemnify and hold Tutor.com harmless from and against any and all losses,damages,costs,expenses,fees and charges (including, without limitation reasonable attorneys fees and disbursements, "Damages") arising from or relating to the Library Property. The parties acknowledge and agree that Tutor.com has no editorial control over the Library Property. b. Tutor.com Property. Except for the Library Property, all aspects of the Services, in whole or in part, including but not limited to the look and feel of the Tutor.com template pages, and all intellectual property and/or proprietary rights therein, including without limitation,copyright,moral rights,patent rights(including patent applications and disclosures),trademarks,rights of priority,publicity rights, and trade secret rights,recognized in any country or jurisdiction in the world, are the sole and exclusive property of Tutor.com (the"Tutor.com Property"). The Tutor.com Property shall include all changes and addition to the Services and all derivatives works thereof. c. Proprietary Notices. The Library shall not delete or in any manner alter the copyright, trademark, or other proprietary notices of Tutor.com,if any,appearing on the Services as delivered to the Library. The Library shall reproduce such notices on all copies it makes of the Services. d. Obligation to Parties. The Library shall use commercially reasonable efforts to protect the Tutor.com Property and all of Tutor.com's rights therein and to cooperate in Tutor.com's efforts to protect its proprietary rights. The Library promptly shall notify Tutor.com of any known or suspected breach of Tutor.com proprietary rights to the Services that may come to the attention of the Library. Library acknowledges and agrees that this Agreement in no way shall be construed to provide to Library, or any other person or entity, any express or implied license to use,copy,reverse engineer,or otherwise exploit the Tutor.com Property or Services or any portion thereof (including any intellectual property embodied therein)other than as specifically set forth in this Agreement. 4. User Information. Tutor.com shall not disclose to any third party any personal information that would permit identification of a User without obtaining the prior written consent of the Library,except in cases where,in Tutor.com's reasonable judgment,such disclosure is required by law, or is reasonable to protect a User or a third party from possible physical injury. Tutor.com reserves the right, in accordance with applicable law,to disclose aggregate usage,demographic,and other information relating to usage by the Library and its Users of the services for the purpose of(i) improving the product(ii)informing the Library of its use of the Services to improve adoption of the Services within the Library; and/or (iii) demonstrating usage of the Services to other Libraries (potential clients) and Tutor.com investors. The Library hereby grants Tutor.com the right to use quotes from faculty and staff regarding the Services for the limited purpose of marketing and public relations. However,other than Tutor.com's right to refer to Library as a customer of Tutor.com,which is hereby permitted,Tutor.com shall not publish any press releases regarding the Library's use of the Services or quotes form the Library faculty or staff without obtaining the prior written consent of the Library. Tutor.com has adopted and conducts its business in accordance with a privacy policy and terms of use with respect to the use of personal information. The Tutor.com terms of use are available at wwxx.tutor.com and Library has had an opportunity carefully to review such terms. 5. Payment. The Library hereby agrees to pay Tutor.com the amounts set forth in the Service Orders. Payment shall be made to Tutor.com within 25 days of the invoice date. All overdue payments will bear interest at a rate of 12% per annum or at the maximum interest rate allowable by law.Payment obligations shall survive terminations of the Term. Standard MSA For Libraries—8/05 Page 1 of 4 6. Users. a. Acceptable use. Before launch of the Services, the Library is responsible for adopting reasonable guidelines regarding use of the services in the form of an"Acceptable Use Policy"that contain restrictions and obligations upon Users that encourage proper use and censure activities that violate applicable laws and regulations and as of the launch date shall make available to all Users such Acceptable Use Policy on the Library's Tutor.com website. Upon request,Tutor.com shall provide the Library with guidelines to assist the Library in developing its Acceptable Use Policy,it being understood that the guidelines adopted by the Library shall be the sole responsibility of Library notwithstanding the Tutor.com provision of guidelines to Library. b. User Behavior. The Library hereby acknowledges and agrees that that Tutor.com is not responsible for monitoring use of the Services and/or for enforcing compliance with the Library's Acceptable Use Policy and all applicable laws and regulations. To the extent permitted by law,the Library shall indemnify and hold harmless Tutor.com from any and all claims, demands, liabilities,obligations, taxes,losses,fines,costs,expenses,royalties,litigation,deficiencies or damages by any third party(including reasonable attorney's fees and costs of investigation)arising out of any Users' use of the Services pursuant to this Agreement and/or the breach by Library of any of its representations,warranties and/or covenants in this Agreement. The Library shall maintain during the Term reasonable insurance protection for claims arising out of Users'use of the Services. c. Tutor.com agrees to indemnify the Library for claims relating to the negligent, improper or illegal use of the Service by a Tutor.com tutor. 7. Representations. Each of Tutor.com and the Library represents,warrants and covenants to the other that: a. Such party, has, and will have, the full power, authority, and legal right to enter into and perform fully its obligations under this agreement. b. Neither the execution and delivery of this Agreement not the consummation of transactions contemplated hereby will (i) violate any provision of the charter or by-laws of such party, or any laws, ordinances, rules, regulations, codes or policies to which such party is subject to or(ii)conflict with,result in breach or violation of,constitute a default under,or require any notice under any agreement to which such party is party or by which it is bound or to which any of its assets is subject. c. Such party shall comply at its own expense with all applicable laws,ordinances,rules,regulation,codes and policies in connection with its performance under this Agreement;and d. Such party has all rights and authorizations necessary to grant the rights and licenses set forth herein. 8. Term,Termination. a. Either party may terminate this Master Services Agreement, at any time if the other party commits a material breach of this Master Services Agreement that remains uncured for a period of thirty(30)days following written notice thereof. b. Tutor.com may terminate this Master Services Agreement upon thirty(30)days prior written notice to the Library(i)if the Library fails to pay any amounts owed to Tutor.com when due, or(ii)at any time when the parties have not entered into a Service Order or other agreement pursuant to which the Library is bound to pay Tutor.com fees or upon sixty (60) days notice for any reason not aforementioned. c. This Master Services Agreement may be terminated at any time by mutual,written agreement of Tutor.com and the Library. d. For purposes of this Agreement, "Term" means the period commencing with Effective Date and ending at the effective time of termination pursuant to this Section 8. All obligations to indemnify Tutor.com under this Agreement shall survive any such termination of the Term. e. Renewals. This Agreement is subject to automatic renewal unless written notice is given to Tutor.com at least forty-five(45)days prior to the effective termination date pursuant to this Section 8. f. Tutor.com will deliver to the Library any revised pricing for the renewal period within sixty(60)days of the effective termination date pursuant to this Section 8. 9. Disclaimer of Warranty. The Library hereby agrees and acknowledges that the Services are provided on an"as is"basis without any express or implied warranty Tutor.com does not warrant that Services or Tutor.com Property will be error-free in all circumstances. In the event of a defect in the Services or Tutor.com Property, Library's sole remedy shall be to have Tutor.com use commercially reasonable efforts to correct any nonconformity in the Tutor.com Property computer code,either by modification to such Tutor.com Property computer code, or via workaround. Tutor.com's obligation so to use commercially reasonable efforts shall be Library's sole and exclusive remedy for any such operational defect or error in such Tutor.com Property,and such obligation shall constitute Tutor.com's entire liability therefore in contract, tort, strict liability or otherwise. Tutor.com shall have no obligation to use commercially reasonable efforts to correct nonconformities resulting from (i) any modifications of such Tutor.com Property not authorized by Tutor.com; (ii) any use or misuse thereof contrary to Tutor.com's specifications; (iii) Tutor.com Property that has been installed or operated in contravention of requirements contained in such specifications;(iv)Tutor.com Property that has been superceded by later versions,updates,upgrades or releases lacking such nonconformity; (v)Tutor.com Property which operates properly in combination with third party software or hardware recommended by Tutor.com; or(vi) Tutor.com Property which has been modified by Library or a User not in accordance with the Tutor.com's specifications or applicable guidelines. 10. Confidentiality. Each party shall retain in strict confidence the confidential information of the other party. Library hereby acknowledges that the Tutor.com Property is Confidential Information of Tutor.com. Confidential Information also includes,without limitation,trade secrets, Tutor.com Property documentation,specifications,designs,development plans,business plans,sales projections,business records,prices and customer lists. The terms of this Agreement shall not be considered Confidential Information. The obligations of confidentiality set forth in this Section 10 shall survive termination of the Term. In the event of any breach of the provisions of this Section 10, Library agrees that Tutor.com would suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against Library in addition to any other rights and remedies available to Tutor.com at law or in equity,or otherwise. 11. WARRANTY DISCLAIMER; LIMITATIONS ON LIABILITY OTHER THAN AS EXPRESSLY PROVIDED HEREIN,INCLUDING IN SECTION 9 ABOVE, THE TUTOR.COM PROPERTY IS PROVIDED WITHOUT, AND TUTOR.COM EXPRESSLY DISCLAIMS, Standard MSA For Libraries—8/05 Page 2 of 4 ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,TUTOR.COM MAKES NO WARRANTY OR REPRESENTATION THAT THE TUTOR.COM PROPERTY OR SERVICES WILL MEET LIBRARY'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR APPLICATIONS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE TUTOR.COM PROPERTY OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE TUTOR.COM PROPERTY OR SERVICES WILL BE CORRECTED. TO THE FULL EXTENT ALLOWED BY LAW,THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. THIS LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IN NO CASE SHALL TUTOR.COM'S AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY TUTOR.COM UNDER THIS AGREEMENT. 12. Miscellaneous. a. If the Library chooses the Remote Home Access option for Live Homework Help,it will keep all links to Live Homework Help on web pages that require library card or IP authentication for access. Remote Home Access allows users to access Live Homework Help from residential settings only: Use from any other locations(e.g.schools,after school centers)is specifically prohibited. b. All marketing,promotional,and other communications by the Library that mention or refer to Live Homework Help must include the"Powered by Tutor.com"logo. This includes all Library web pages that refer to or link to the Live Homework Help site. In circumstances where the use of graphic logos may be inappropriate (such as press releases), the text phrase "Powered by Tutor.com"may be substituted. c. Assignment. This Agreement may not be assigned by a party hereto without the prior written consent of the other party;provided that Tutor.com may assign its rights and obligations under this Agreement (without the prior written consent of Library) to any surviving party in a merger or consolidation in which Tutor.com is a party or to any party that acquires all or substantially of Tutor.com's capital stock or assets. d. Choice of Law;Jurisdiction. This Agreement will be governed by and construed and enforced in accordance with the substantive law of the State of the Library, and any and all claims arising hereunder shall be subject to the exclusive jurisdiction of courts residing in that jurisdiction. e. Counterparts. This Agreement may be executed in one or more counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument;however,this Agreement will be of no force or effect until executed by both parties. f. Waivers. No term or provision shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. The waiver of either party hereto of any right hereunder or of the failure to perform or of a breach by the other party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other party whether of a similar nature or otherwise. g. In the event of any conflict between the terms and conditions of this Master Services Agreement and any subsequent agreement between the parties, which does not specifically amend this Master Services Agreement or Service Order of the Master Services Agreement,this Master Services Agreement shall take precedence. h. In the event of a conflict between the Master Service Agreement and the terms and conditions in any Service Order issued by the Library,the Master Services Agreement shall control unless Tutor.com expressly agrees in writing to the specific modification. i. Unless otherwise agreed in a Service Order, the Services are offered 360 days of each standard year, and 361 days of each leap year. The Services are unavailable on January 1,Easter Day,July 4,Thanksgiving Day,and December 25. On those holidays the Services close beginning at 1:01 a.m.and reopen at 2:00 p.m.on the following day(all times Eastern). On behalf of the Library: (Billing Contact) On behalf of Tutor.com: Signature Signature John Mondy Name Name Mayor,City of Wylie,Texas Title Title Date Date Standard MSA For Libraries—8/05 Page 3 of 4 EXHIBIT A SERVICE ORDER OF MASTER SERVICE AGREEMENT This order for the online tutoring services set forth herein constitutes a Service Order of the Master Services Agreement dated November 4,2005,between Tutor.com,Inc.("Tutor.com")and Rita&Truett Smith Public Library(the"Library"). Library Contact Information Tutor.com Contact Information Name: Ms.Rachel Orozco Name: Lew Maurer Library: Rita&Truett Smith Public Library Address: Tutor.com Address: 800 Thomas Street Address:40 Fulton St,8t'Floor City, St,Zip: Wylie,TX 75098-3872 City, St,Zip:New York,NY 10038 Telephone: 972.442.7566 Telephone: 720-984-9156 Fax: Fax: 801-681-9149 Email:rorozco@ci.wylie.tx.us Email: Lmaurer@tutor.com Ordered Services and Fees. Tutor.com agrees to provide the Library with the following Services, which are detailed in the attached Master Services document. The Library agrees to pay Tutor.com the fees set forth below for the Ordered Service. "Live Homework Help" Students access a Live Homework Help Web site after authenticating into the Library's system, select the subject in which they need tutoring(math,science, social sciences,English),indicate their grade level(4-12 or college introductory),and then are connected immediately to a qualified tutor. Learning takes place in Tutor.com's proprietary, Web-based,Online Classroom. Library Location/Description of Locations Start End Services Served Date Date Base Price HWH Product(7 Days) Hours: 3pm— 10pm Central Time (all branches) _ 12/1/2005 11/30/2006 $1,991* HWH en Espanol (Sun—Thu) Hours: 3pm—9pm Central Time (all branches) 12/1/2005 11/30/2006 Included Remote Home Access Yes 12/1/2005 11/30/2006 Included Subtotal $1,991 Total $1,991 * Special discounted "Platinum" price for participant in NETLS Live Homework Help Consortium Special Billing Terms: None Standard MSA For Libraries—8/05 Page 4 of 4 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 11-17-05 Originating Department: Police Department Prepared By: Jeff Butters Account Code No.#: Date Prepared: 10-20-05 Budgeted Amount: NA Exhibits: STEP-WAVE Grant AGENDA SUBJECT:Consider and act upon authorizing the Mayor to sign a grant agreement with TxDOT for the acceptance of a STEP — WAVE grant award in the amount of $15,000 for Fiscal year 2006 to pay Wylie Police Officers overtime to work DWI and speeding traffic enforcement during holiday periods. RECOMMENDED ACTION:Approval SUMMARY: The purpose of the TxDOT STEP- WAVE grant is to fund overtime traffic enforcement focusing on speeding and DWI violations during high traffic volume holiday periods in order to reduce traffic crashes, injuries and fatalities. The grant award amount is $15,000 for fiscal year 2006 and will fund 453 hours of traffic enforcement. The local match equals 18.83% of the grant award amount or $3,480. and includes the cost of fringe benefits and mileage used during the traffic enforcement. Funds have not been budgeted in fiscal year 2006 to cover the costs of the local match as the FY 2006 budget was submitted prior to grant application. We know from experience that the revenue generated from the enforcement will more than cover the costs of the local match. The TxDOT STEP-WAVE performance objectives for this grant includes: 2000 speeding citations and 20 DWI arrests. The average speeding citation generates $85.00 of revenue to the City of Wylie. If we meet our performance objects, the enforcement will generate approximately $170,000. in revenues. The revenue projections are based on historical data from Municipal Court. This data is relatively stable over time. Our goal in applying for this grant is to reduce accidents and injuries. The revenue data was included to demonstrate that the grant will not incur costs to the City. APPROVED BY: Initial Date Department Director: JB \ 10/20/05 City Manager: M6 \ 1 —For TxDOT Use Only— Z Federal Pass Through Misc.Contract Number: 586XXF6082 Grant Funds CFDA#20.600 Charge Number: 06-07-01-C 1-BA ❑ State Grant Funds Project Year: 1 PIN(14 characters only): 17560007191006 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas,acting by and through the Texas Department of Transportation,hereinafter called the Department, and the City of Wylie,hereinafter called the Subgrantee,and becomes effective when fully executed by both parties. For the purpose of this agreement,the Subgrantee is designated as a(n): ❑ State Agency ❑Non-Profit Organization ®Unit of Local Government ❑ Educational Institution ❑ Other(describe): AUTHORITY: Texas Transportation Code, Chapter 723,the Traffic Safety Act of 1967,and the Highway Safety Plan for the following Fiscal Year(s)2006. Project Title: STEP-WAVE Brief Project Description: To conduct overtime traffic enforcement focusing on specific traffic law violations during high traffic volume holiday periods in order to reduce traffic crashes,injuries and fatalities. Grant Period: The Grant becomes effective on October 1,2005, or on the date of final signature of both parties,whichever is later,and ends on September 30,2006,unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $15,000. The following attachments are incorporated as indicated as a part of the Grant Agreement: is Attachment A,Mailing Addresses • Attachment B,General Terms and Conditions(TxDOT Form 1854) • Attachment C,Project Description(TxDOT Form 2076) in Attachment D,Action Plan(TxDOT Form 1852) ■ Attachment E,Project Budget(TxDOT Form 2077 or 2077-LE) ® Attachment F,Operational Plan(TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page 1 of 1 TxDOT Form 2075 STEP Wave(rev. 6/14/2004) Project Title: STEP-WAVE TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will include,but not be limited to,the following:performance reports, final performance report and administrative evaluation report,Requests For Reimbursement(RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of Wylie Executed for the Executive Director and approved [Legal Name of Agency] for the Texas Transportation Commission for the purpose and effect of activating and/or carrying By out orders, established policies or work programs [Authorized Signature] approved and authorized by the Texas Transportation Commission. [Name] By District Engineer [Title] Texas Department of Transportation Date: William L. Hale, P.E. [Name] District Engineer Under authority of Ordinance or Resolution [Title] Number(for local governments): Date: By Director,Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Page 2 of 2 TxDOT Form 2075 STEP Wave(rev. 6/14/2004) Attachment A Project Title: STEP-WAVE Mailing Addresses For the purpose of this agreement,the following addresses shall be used to mail all required notices, reports,claims,and correspondence. (NOTE: For warrants(checks),the address indicated by the electronic mail code,which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent,the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee(Project Director): Name:Mike Atkison Title: Lieutenant Organization: Wylie Police Department Address:2000 N.Hwy 78 Wylie,TX 75098 Phone:972-442-8183 Fax:972-429-8662 E-mail:mike.atkison@wylietexas.gov Note: Any change in the Subgrantee information in this Attachment A,Mailing Addresses,does not require an amendment to the Grant Agreement. However,the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name:Pat Hickman Title:TSS Organization:Texas Department of Transportation Address:4777 E.Hwy 80 Mesquite,TX 75150-6643 Phone: 214-320-6235 Fax:214-319-6568 E-mail:phickma@dot.state.tx.us Page 1 of 1 TxDOT Form 2075 STEP Wave(rev. 6/14/2004) Attachment E Texas of Transport•lion Traffic Safety Project Budget Form 2077-LE(rev.7/19/2004) Page 1 of 2 (for Law Enforcement Projects) Project Title: STEP —Wave Name of Subgrantee: Wylie Police Department Fiscal Year: 2006 (Round figures to nearest dollar) ❑ Check here if this is a revised budget. Other/ Date Revised: TxDOT State/Local TOTAL Budget Category I—Labor Costs (100)Salaries ®Overtime or❑Regular Time Salary rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Enforcement(overtime) 1.Officers/Deputies:452.62 hrs. @$33.14 per hr. 15,000 15,000 2. Sergeants:_hrs. @$ per hr. 0 3.Lieutenants: hrs. @$ per hr. 0 B. PI&E Activities(overtime) See Grant Instructions hrs.@$ per hr. 0 C. Other(i.e.,overtime staff,supervisory support,conducting surveys) See Grant Instructions Specify: hrs. @$ per hr. 0 Total Salaries 15,000 0 15,000 (200)Fringe Benefits* Specify fringe rates: A. Overtime: 12.7% 1,905 1,905 B. Part-Time: % 0 C. Regular Time: % 0 Total Fringe Benefits 0 1,905 1,905 I.Total Labor Costs(100+200) 15,000 1,905 16,905 *Budget Detail Required:As an attachment to the budget,a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits(200),Travel and Per Diem(300),Equipment(400),Supplies(500), Contractual Services(600),Other Miscellaneous(700),and Indirect Cost Rate(800) Attachment E TxDOT Form 2077-LE(rev.7/19/2004) Project Title:STEP—Wave Page 2 of 2 Subgrantee:Wylie Police Department Fiscal Year: 2006 (Round figures to nearest dollar) ❑Check here if this is a revised budget. Other/ Date Revised: TXDOT State/Local TOTAL Budget Category II—Other Direct Costs (300)Travel* Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses—not to exceed the limits reimbursable under state law. A. Travel and Per Diem(includes conferences,training workshops,and other non-enforcement travel) 0 B. Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles,not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the travel provisions of the General Appropriations Act. Documentation of cost per mile is required prior to reimbursement. 4,500.00 miles @$0.3500 per mile 1,575 1,575 Total Travel 0 1,575 1,575 (400)Equipment* 0 (500)Supplies* 0 (600)Contractual Services* 0 (700)Other Miscellaneous* A. Registration fees(training,workshops,conferences,etc.) 0 B. Public information&education(PI&E)materials 0 1. Educational items=$ (eg.:brochures,bumper stickers,posters,fliers,etc.) 2. Promotional items=$ (eg.:key chains,magnets,pencils,pens,mugs,etc.) C. Other* 0 Total Other Miscellaneous 0 0 0 II.Total Other Direct Costs(300+400+500+600+700) 0 1,575 1,575 Budget Category III—Indirect Costs (800)Indirect Cost Rate*(at %) 0 Summary: Total Labor Costs 15,000 1,905 16,905 Total Other Direct Costs 0 1,575 1,575 Total Indirect Costs 0 0 0 Grand Total (I+II+III) 15,000 3,480 18,480 Fund Sources(Percent Share) 81.17% 18.83% *Budget Detail Required:As an attachment to the budget,a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits(200),Travel and Per Diem(300),Equipment(400), Supplies(500), Contractual Services(600),Other Miscellaneous(700),and Indirect Cost Rate(800) CITY OF WYLIE Item No. O City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 11-17-05 Originating Department: Police Denartment Prepared By: Jeff Butters Account Code No. #: Date Prepared: 10-27-05 Budgeted Amount: NA Exhibits: 2 AGENDA SUBJECT:Consider and act upon authorizing the Mayor to enter into an agreement with Wylie Auto Towing for towing services from January 1, 2006 to December 31, 2006. RECOMMENDED ACTION: SUMMARY: The City of Wylie contracts with a wrecker service for towing services related to accidents, arrests, and abandoned vehicles. Our current agreement expires December 31St 2005. The City of Wylie published a request for proposals for wrecker service at the beginning of October 2005. Two wrecker services have submitted proposals, Big Bass Towing and Wylie Auto Towing. Staff recommends that the contract be awarded to Wylie Auto Towing. Wylie Auto Towing fees are slightly lower. Wylie Auto Towing has had the Wylie contract in the past and during that time Wylie Auto Towing always kept two wreckers in the City allowing them to have response times of 10 minutes or less. Wylie Auto Towing has a history of doing an excellent job regarding the clean up of debris and using good towing procedures. Wylie Auto Towing now has a lot in the City located at 2601 S State Hwy 78, which will make it more convenient for citizens to access their vehicles. APPROVED BY: Initial Date Department Director: JB \ 10/27/05 City Manager: Itid4 1 WRECKER SERVICES AGREEMENT This Agreement (the"Agreement") is entered into as of the 1st day of January, 2006 by and between the City of Wylie, Texas, a Texas home-rule municipality, (the "City") and Wylie Auto Towing Inc., a sole proprietorship, ("Contractor"), and on the terms and conditions hereinafter set forth. WHEREAS, the City desires to engage an independent contractor to provide City with wrecker and impound services for the purposes of, among others, towing, impounding, storing and auctioning, if necessary, vehicles as requested by the City Police Department; and WHEREAS, Contractor has provided City with a response to its Request for Proposals ("RFP"), and City desires to engage Contractor with respect to the services set forth in the RFP. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. Term and Termination. The term of the Agreement shall be for a period of One (1) year commencing January 1, 2006 (the Effective Date"), and, unless renewed according to the terms set forth in this paragraph, terminating January 1, 2007 (the "Primary Term"). The Primary Term of the Agreement may be extended by agreement of the parties for an additional one (1) year period(s) upon the same terms and conditions as herein set forth or amended. In order for the Primary Term to be extended for a renewal term, Contractor must notify City, in writing, of its desire to extend the Agreement for an additional one (1) year period. Such notice shall be given no more than ninety(90) days prior to the end of the Primary Term. City shall, after Contractor gives such notice,have forty-five (45) days in which to notify Contractor of its agreement to extend the term of the Agreement. If City fails to notify Contractor, in writing, of its agreement to extend the Agreement, the Agreement will expire as provided herein. Except as provided in¶3 herein, if, at any time, Contractor shall fail to perform the terms, covenants and/or conditions set forth herein, City shall notify Contractor of the reasons in support of City's claim that Contractor has breached the Agreement. Contractor shall be allowed a thirty(30) day period from the date of receipt of said notice from City to remedy any breach. If Contractor fails to remedy any breach during the time period prescribed herein, the Agreement shall terminate without further notice to Contractor. 2. Scope of Services. The services shall consist of the items contained in this Agreement. Contractor will be responsible, at its own cost and expense, to furnish well-trained personnel and appropriate, well-maintained equipment of the highest quality to efficiently and economically perform the services included in the Agreement,providing all necessary supervision of such services and to complete said work in accordance with or above the level of performance set forth in the Agreement. In this connection, Contractor shall: a. respond and proceed to the scene and/or site of a wreck,motor vehicle accident or collision within City's corporate limits and/or follow an ambulance or police car,which is traveling in response to a report of a wreck, motor vehicle accident or collision, within City's corporate limits only after being duly and legally dispatched to the scene and/or site by City or if requested to respond to the scene and/or site by a party involved in the wreck, motor vehicle accident or collision; b. ensure that all of its tow truck drivers are trained in safety procedures to, among others, protect the public, any and all property and themselves. In this connection, Contractor shall have monthly training sessions for all of its drivers to update them in proper safety procedures; c. at a minimum,maintain two (2) full service wrecker trucks which shall be available at all times. Each truck must have: (i) the capability of towing two (2) vehicles at the same time; and (ii) a maximum response time of thirty(30) minutes to any part of City, after being dispatched by City. Contractor represents that it has made adequate arrangements for the medium and heavy duty needs of City, as determined by City. d. ensure that an attendant is maintained at Contractor's place of business, located at 1352 W FM 6 Nevada, TX 75173, Monday through Friday 8:00 a.m. to 5:00 p.m. (with lunch being from 12:00 to 1:00 p.m.) (the "business hours"). The contractor must store vehicles in a secure manner. Vehicles will be accessible to the public and insurance adjusters, with proper identification and during business hours, for viewing, taking pictures, receiving personal property and making estimates. City personnel, and/or its designated representatives, will have twenty-four(24) hour a day, seven(7) days a week accessibility to any and all cars impounded on behalf of City. All vehicles will be available for release, provided all necessary documentation is provided and all fees paid, twenty-four(24) hours a day seven(7) days a week; e. maintain inventory and records in accordance with all laws governing a storage facility in the State of Texas and City. In this connection, Contractor shall maintain its inventory, records and vehicles, kept and/or stored in accordance with this Agreement, separate from any other records, inventory and/or vehicles of Contractor. On or before the 15`h day of each month throughout the term of this Agreement and any extensions hereto, Contractor shall provide City a monthly report containing the status and/or disposition of each and every impounded vehicle. Contractor agrees that at any time during business hours and as often as City deems necessary, Contractor shall make available to representatives of City for examination all of its records with respect to all matters covered by this Agreement and will permit such representatives of City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one (1) year from the date the Agreement is terminated, or for such other or longer period, if any, as may be required by law; f. at all times, perform and provide the services to the City as set forth herein prior to performing and/or providing any of the same or similar services to any other person or entity; g• as requested by City, tow and dispose of junk vehicles in accordance with the laws of the State of Texas and City; and h. perform any other service(s) requested of City which relates to the towing, impounding, storing and/or auctioning of vehicles. 3. Maximum Rates. Contractor's fee and compensation for services performed pursuant to calls dispatched by City under this Agreement, regardless of the tow destination, are subject to and shall be paid in accordance with the maximum rate schedule set forth below: a. Vehicles that are impounded as a result of arrest, seizure with keys, on the roadways, wrecked,junked, impounded, vehicles or other equipment. • 0-10,000 GVWR $75.00 • 10,001-26,000 GVWR $85/hour • 26,001+GVWR $150.00/hour • Fee for towing motorcycles $40.00 • Fee for use of towing dollies or car carriers $40.00 • Mileage fees for towing outside the City of Wylie(except to auto pound) $2/mile • Per hour charge for labor-per hour pro-rated on hour increments$75/hour • Per day storage fees Maximum allowed by State law. • Impound fee $20.00 • Storage fee for Wylie Police Department"hold"vehicles until day hold is released by Department $0.00 • Owner/lien holder notification fee $50.00 or by law whichever is greater. • Fee for large vehicle(vehicle with more than three axles or vehicles with Trailer in tandem or vehicles over 25') storage Maximum allowed by State law. • Fee for winching $3.00/ft.after 50 ft. • Fee for rollovers None • Fee for disconnecting drive line or axle $30.00 • Forklift,bobcat, Specialized response recovery trailer fee Haz-mat or any incident requiring specialized equipment and response Cost plus 15% b. Fee Schedule for towing City Owned Vehicles • 0— 10,000 GVWR No charge • 10,001-26,000 GVWR $65.00 • 26,001+GVWR $85.00 c. Vehicles seized by the City of Wylie. The City will pay towing, impound and notification fees only, on seized vehicles. No other fees will be charged. No other fees may be charged by Contractor in the operation of this Agreement. Failure to comply with the above fee schedule will be cause for, among other things, immediate termination of this Agreement. 4. Insurance. Contractor shall procure and maintain, for the duration of the Agreement, and any extension hereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work performed hereunder by Contractor. The cost of such insurance shall be borne by Contractor and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to City on or before the Effective Date of the Agreement. Contractor must procure and maintain the following minimum limits of insurance pursuant to the above-mentioned specifications during the entire Agreement period, including any extensions thereof: Coverage Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000.00 Bodily Injury Liability $1,000,000.00 each occurrence (Except automobile) $2,000,000.00 aggregate Property Damage Liability $1,000,000.00 each occurrence (Except automobile) $2,000,000.00 aggregate Automobile Bodily Injury $1,000,000.00 each person (Except automobile) $2,000,000.00 each occurrence Automobile Property $500,000.00 each occurrence Damage Liability The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to the City of Wylie." As soon as practicable,but not more than ten(10) days after the execution of the Agreement, Contractor shall have City named as an additional insured on each certificate of insurance except Worker's Compensation and Employer's Liability,providing written evidence of same to City, and shall have each policy including Worker's Compensation and Employers's Liability endorsed to provide a waiver of subrogation in favor of City. Insurance is to be placed with insurers licensed in the State of Texas and raged A- or better by A.M. Best, or A or better by Standard and Poor's. 5. Additional Requirements. City shall have the authority to promulgate other reasonable rules, regulations and requirements as may become necessary to ensure that Contractor adequately protects vehicles and vehicle contents. 6. Independent Contractor. Contractor is, and shall at all times be, deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent,between City and Contractor or any of Contractor's agents or employees. Contractor assumes, exclusively, the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. Contractor, its agents and employees, shall not be entitled to any rights or privileges of City's employees and shall not be considered in any manner to be City's employees. 7. Indemnification. Contractor, its officers, directors, contractors, subcontractors, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees do hereby agree to fully defend, indemnify, and hold harmless, the City, its Council Members, officers, agents, servants, representatives and employees, from any and all claims, suits, judgments, legal proceedings, demands, costs and expenses, including attorney's fees, incident to any act or omission, whether negligent or intentional, arising out of Contractor's, its officers, directors, employees, contractors, subcontractors, representatives, agents, successors, assignees, vendors, grantees and/or trustees, performance of this Agreement. 8. Compliance with Laws. Contractor agrees that it is subject to and must comply with any and all applicable laws,rules, regulations and ordinances, whether federal, state and/or local, whether now existing or in the future arising. 9. Resolution of Disputes. Contractor must make a good faith, reasonable attempt to resolve disputes with vehicle owners, including, but not limited to City,before seeking relief from a court of competent jurisdiction. 10. Participation in City-Sponsored Community Events. Contractor agrees to make every reasonably effort to participate in any and all City-sponsored community events when requested by City. 11. Inspection. City shall, at all times, have the authority to inspect all of Contractor's vehicles and equipment to ensure compliance with this Agreement. 12. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified,postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Contractor, to: If to City, to: 2000 State Highway 78 North Wylie, Texas 75098 13. Miscellaneous. a. Assignment. This Agreement is not assignable without the prior written consent of City. b. Compliance with Ordinances. The parties agree that Contractor shall be subject to all ordinances of City. c. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. d. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Colin County, Texas. e. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. f. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h. Binding Effect. When referring to Contractor, this Agreement shall refer to and be binding upon its officers, agents, subcontractors, contractors, directors, representatives, employees, successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and successors. i. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. j. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. k. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 1. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity be entering into and performing its obligations under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE, TEXAS, a municipal corporation By: Date November 17, 2005 Its: Mayor WYLIE AUTO TOWING INC. a By: Date: Its: STATE OF TEXAS * COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared Mark Roath, 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_15_day of _December 2004. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS * COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared_Rick Chron , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for WYLIE AUTO TOWING , and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_15_day of December, 2001. Notary Public in and for the State of Texas My Commission Expires: WYLIE AUTO TOWING INC 1352 VV FM 6 Nevada TX 75173 972-442-9940 CITY OF WYLIE PROPOSAL WRECKER SERVICE The following proposal, submitted to the City of Wylie, is formatted to address the City's requirements as set forth in the Request for Proposal. Fee Schedule NOTE: ALL calls dispatched by the city, regardless of the tow, destination are covered by the FEE SCHEDULE All vehicles that are impounded as a result of arrest, seizure with keys, on the roadway and, or involved in an accident: Under 10,001 GVWR $75.00 10,001-26000 GVWR $85.00 per hr. Over 26,000 GVWR $150.00 per hr. Motorcycles (in addition to tow fees) $40.00 Use of tow dollies or car carriers (in addition to tow fees) $40.00 Mileage fees for towing outside the city limits of Wylie $2.00 per mile (one-way does not apply to City directed tows to the Vehicle Storage Facility) Labor charge per hour pro-rated on '/z hour increments $75.00 per hr. Storage Fees (as stated in the Occupation Code 2303.155.) $20.00 Including vehicles with Police Hold (a) Daily storage fee of not more than $20.00 for each day or part of a day the vehicle is stored at the facility if the vehicle is not longer than 25 feet; or(b) $35.00 for each $35.00 day or part of a day the vehicle is stored at the facility if the vehicle is longer than 25 feet. Impound Fee (as stated in the Occupational Code2303.155) $20.00 Notification Fee (as stated in the Occupational Code.) $50.00 accept if notice by publication exceeds 50% of the notification the vehicle storage facility may recover the additional amount of the cost of publication from the vehicle owner or agent. Winching(After 50ft) $3.00 per ft. Lockout $50.00 Roll over No additional fee will be charged Wylie Auto Towing Inc. reserves the right to charge the Maximum fees on Storage, Impoundment, and Notification as the Occupational Code of the State of Texas changes. City owned/leased/rented vehicles within city limits Under 10,001 GVWR NO CHARGE 10,001 - 26,000 GVWR $50.00 Over 26,000 GVWR $75.00 Major incidents involving specialized equipment, personnel,techniques, Haz-Mat requirements, etc. will be charged at cost plus 15% Wylie Auto Towing Inc. and its employees shall adhere to any and all laws pertaining to towing and securing the impoundment of any and all vehicles according to the Texas Department of Transportation Motor Carrier Division 43 Texas Administrative Code Chapter 18, Subchapter G, and any city ordinance required by the City of Wylie. Wylie Auto Towing Inc. shall have all tow truck drivers trained in safety procedures to protect the public, all property and themselves. Wylie Auto Towing Inc. has weekly training sessions for all drivers to update them in proper safety procedures. The procedures educate all personnel to promote awareness and evaluate traffic conditions, public safety and maintain a professional relationship with Wylie Police officials. This will minimize traffic congestion and expedite traffic flow while at accident scenes. Wylie Auto Towing Inc. shall, throughout the contract, maintain all combined single limits, cargo and impoundment lot insurance as required by the State of Texas. Wylie Auto Towing Inc. will also list City of Wylie as additional insured for protection of the city for all claims and the intent to indemnify the city of all claims upon signing the contract. The contract date would be effective upon signing the contract. Wylie Auto Towing Inc. is equipped and staffed to start service immediately. Wylie Auto Towing Inc. guarantees that they can handle all types of vehicles that they may be required to tow. Wylie Auto Towing Inc. will keep a minimum of two (2)flatbed trucks available at all times with each truck having two (2) vehicle capabilities. Each truck will have a maximum response time of 20 minutes to any part of the City of Wylie after notification by the city. Wylie Auto Towing Inc. has made arrangements for the medium and heavy-duty needs of the City of Wylie to be subcontracted through Wylie Auto Towing Inc., with a maximum response time of 45 minutes. Wylie Auto Towing has made arrangements with other local towing services,to be under the direction of Wylie Auto Towing, should a major multi-vehicle incident occur requiring additional trucks. Wylie Auto Towing Inc. has 4 units available on rotation as follows: 2002 International 4300 series with flatbed wrecker and wheel lift 1HTIVIMAAL72H520109 2003 International 4300 series with flatbed wrecker and wheel lift 1HTMMAAL73H562071 2004 International 4300 series with flatbed wrecker and wheel lift 1HTMMAAL44H656734 2005 International 4300 series with flatbed wrecker and wheel lift1HTMMAAN75H109900 The physical locations of the Wylie Auto Towing Inc. storage facility is 6.6 miles North of the Wylie Police Complex at 1352 W. FM 6 in Collin County and a second location at 2601 S State Hwy 78,Wylie, TX 75098 Both storage facilities are secured by a six-foot chain link fence. Both locations have a storage building for inside storage and processing criminal evidence. The location at 2601 S SH 78 in Wylie is equipped with motion detector, audible alarms interior and exterior video surveillance cameras. An attendant will be on site Monday through Friday 8 AM- 5 PM. Vehicles are accessible to the public and insurance adjusters, with proper identification, during these hours for viewing, taking pictures, receiving personal property and making estimates. All vehicles are available for release to the registered owner/lien holder or agent that shows proper claim according to the statutes governed by Department of Transportation 24 hours a day, 7 days a week by appointment within 1 Hour. Authorized City of Wylie personnel will have 24 hours a day, 7 days a week accessibility to any and all vehicles impounded by the City of Wylie. Wylie Auto Towing will comply with all requirements of Wylie Police Department on segregation of vehicles There will be no further service fees nor reimbursement for the City of Wylie Wylie Auto Towing Inc. will keep inventory and records in accordance with all laws governing a storage facility in the State of Texas. Wylie Auto Towing Inc. will provide a monthly report,by the 15th of the following month,to the City of Wylie of dispositions of impounded vehicles. The City of Wylie will have availability for inspection of the storage facility's books; accounts and records as relating to City dispatched tows. Police personnel may inspect wrecker operator books upon request. City of Wylie dispatched tows will always have top priority over any other dispatched tows. Wylie Auto Towing Inc. agrees to tow junk vehicles as requested by a city dispatcher and dispose of junk vehicles in accordance with the laws of the State of Texas. Wylie Auto Towing Inc. will try to resolve all disputes with vehicle owners and the city in accordance with the laws of the State of Texas; all others will be referred to the proper governing bodies in Austin Texas Wylie Auto Towing Inc. will sweep the roadway of any debris as the results of an accident and will remove any objects obstructing the roadway. All debris will be removed and retained for disposal at our facility. Every tow truck will be equipped with a broom, shovel, container for refuge and oil absorbent to minimize hazards in the roadway as an accident prevention and for public safety. Wylie Auto Towing shall maintain records of all vehicles impounded on computer format and list all Wylie Police Impounded vehicles as WPD. and Wylie Auto Towing will have available (READ ONLY) access to our company data base by a designated Wylie Police personnel. Wylie Auto Towing Inc. will continue to participate in city sponsored events. 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. REFERENCES; Harold Persell at TEXANS CREDIT UNION 972-965-8196 Troy Miller at WHEELS AUTO RECYCLER 972-843-2667 VENDOR PROFILE: Wylie Auto Towing Inc, originally Bellows' Wrecker Service was established in 1982. Our Company has in the past, served the City of Wylie as a contracted wrecker service for many years. Our effort to help others extends past the Police Department to include the community and citizens of Wylie. We have supported the Fire Rescue Squad with training vehicles for their Jaws of Life training classes,the High School fund raisers and parades, the playground for the City Park, the Katrina Victim Volunteer groups, and provide a tow service to all citizens living in Wylie. We are currently a member of Wylie Chamber of Commerce and are committed to the growth of this city. Our goal is to provide the City of Wylie with professional, safe and efficient service. Our company is currently providing service to many local Police, City, County and State agencies as well as service shops and individuals. Thank you, foe Bellows, President APP.- Air Texas Department of Transportation VEHICLE STORAGE FACILITY VICENSE # 0000236VSF WYLIE AUTO TOWING INC. 1352WFM6 NEVADA TX -51- -200 Be It Known That WYLIE AUTO TOWING INC. Located at 1352WFM6 NEVADA TX 75173-00C Has paid the required fee satisfied the prerequisites for a license as a TEXAS VEHICLE STORAGE FACIL I t r under the Vehicle Storage Facility Act, and has agreed to comply won its provisions This license is issued on 10 January 2005 and snail expire on 20 February 2006 This license is NON-TRANSFERABLE and NON-ASSIGNABLE _SA . E Ir'iUUI e 1-'4.t.7C tl ,2,1 �-oxuv. 'Jwpartm[.r,t vt Trwnwportatl on Texas department of Transportation VEHICLE STORAGE FACILITY LICENSE # 0603525VSF WYLIE AUTO TOWING,INC 1352 W. FM 6 'vAVADA TX 75098- Be It Known That WYLIE AUTO TOWING,INC Located at: 2601 S SH 78 WYLIE TX 75098- Has paid the requ red fee, satisfied the prerequisites for a license es a TEXAS VEHICLE STORAGE FACILITY under the Vehicle Storage Faslifty Act, and has agreed to comply with its provisions. This license is Issued on 07 Oc:ober, 2005 and shall expire on 07 October, 2006. This license is NON-TRANSFERABLE and NON-ASSIGNABLE TGUERRE G1G4221-25993 TRUCKERS COVERAGE FORM DECLARATIONS TEXAS X GRAMERCY INSURANCE COMPANY The Declarations GIC4221 24908 Dallas, Texas include a second Previous Number 5000 Quorum Drive, Suite 111 part designated ITEM ONE Dallas,Texas 75254 AGENT Part 2 Named Insured and Mailing Address (No.,Street,Town or City,County,State,Zip Code) A94003 Wylie Auto Towing Inc Arrow Insurance Services 1352 West FM 6 PO Box 870188 Nevada. Texas 75173 Mesquite, Texas 75187-0188 Policy Period: From 07/31/05 to 07/31/06 at 12:01 A.M. Standard Time at your mailing address shown above. Form of Business: Corporation Ei Partnership 0 Individual Ei Other iN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. This policy provides only those coverages where a charge is shown in the premium column below. Each of ITEM TWO - SCHEDULE OF COVERAGES these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos AND COVERED AUTOS for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage. COVERED AUTOS LIMIT (Entry of one or more of the COVERAGES symbols from the COVERED THE MOST WE WILL PAY FOR ANY ONE PREMIUM AUTOS Section go ACCIDENT OR LOSS Truckers Coverage Form shows which autos are covered autos) LIABILITY $ Bodily Injury NONE , $ each person/$ each accident Property Damage $ each accident Combined Liability $ each accident PERSONAL INJURY NONE $ PROTECTION (PIP) AUTO MEDICAL PAYMENTS NONE $ UNINSURED/UNDERINSURED I MOTORISTS $ each person/$ each accident Bodily Injury NONE $ each accident Property Damage $ each accident Combined Liability TRAILER INTERCHANGE NONE $ ,WHICHEVER IS LESS COMPREHENSIVE COVERAGE ACTUAL TRAILER INTERCHANGE CASH VALUE $ • SPECIFIED CAUSES OF LOSS NONE COST OF COVERAGE REPAIR TRAILER INTERCHANGE NONE OR $ ,WHICHEVER IS LESS, MINUS COLLISION COVERAGE $ DED. FOR EACH COVERED AUTO STATED AMOUNT$ ,ACTUAL CASH VALUE OR COST OF PHYSICAL DAMAGE REPAIR,WHICHEVER IS LESS, MINUS$1000. DED. FOR EACH S7 689.00 COMPREHENSIVE COVERAGE 46 COVERED AUTO PHYSICAL DAMAGE STATED AMOUNT$ ,ACTUAL CASH VALUE OR COST OF SPECIFIED CAUSES OF LOSS NONE REPAIR,WHICHEVER IS LESS, COVERAGE PHYSICAL DAMAGE STATED AMOUNT$ ,ACTUAL CASH VALUE OR COST OF COLLISION COVERAGE 46 REPAIR,WHICHEVER IS LESS, MINUS$1000. DED. FOR EACH I $3,599.00 I COVERED AUTO. PHYSICAL DAMAGE NONE $ for each disablement of a private passenger auto iii TOWING AND LABOR NONE -1 ENDORSEMENTS ATTACHED TO THIS POLICY:BJP 190-0,(S)JCL 8068(2)-0-A,CA 191(ED.11-871,TE9978A(ED.3-92), CA106d(ED.3-92),CA764(ED.3-92),CN-1 PREMIUM FOR ENDORSEMENTS NONE —i Premium shown is payable:$ $11,288.00 at inception. ESTIMATED TOTAL PREMIUM $11,288.00 ITEM THREE-SCHEDULE OF COVERED AUTOS YOU OWN Covered DESCRIPTION PURCHASED TERRITORY: Town & State Where the Covered Auto will be principally garaged. Auto —Year: Model; Trade Name; Body Type; Serial Number(s); Actual New (N) No. Vehicle Identification Number(VIN) Cost& USED(U) Refer to CA-191 2 , 3 A Countersigned: 09/02/05 Igb (Date) `. Au th o r, ptst i ve) THESE DECLARATIONS TOGETHER WITH THE POLICY JACKET,TRUCKERS COVERAGE FORM AND FORMS AND ENDORSEMENTS, IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. THIS POLICY DOES NOT PROVIDE BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE AND WILL NOT FULFILL THE REQUIREMENTS OF ANY FINANCIAL RESPONSIBILITY LAW. r INSURED JDL 8068-0(ED.1 1-87) POLICY NUMBER: GIC4221-25993 TEXAS PART 2 ITEM THREE (Cont'd) TRUCKERS COVERAGE FORM DECLARATIONS (Continued) CLASSIFICATION 1 • Primary Rating • :Covered Racus cv I Business use Except for Towing all physical damage loss is payable to you and the loss • Size GVW,GCW Factor Secondary Auto Operation I S=service Age payee named below as interests may appear at the time of the loss or Vehicle Grou Phy. Rahn9 Code I No. n;4,iesl R P. eta.' Seating Capacity p Liab. Damage Factor C-commercial C , C - t. C I 1 _•- tit RAGES-PREMIUMS,LIMITS AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead) r, SPEC. ..IAS._'`x' i t Personal Injury Protection j AUTO MED.PAY. UNINSURED/UNDER- COMPREHENSIVE CAUSES COLLISION TOWING&LABOR 'INSURED MOTORISTS OF LOSS I ' r-nl Its • Limit(In Limit(In Limit(In Limit*minus mit Limit.minus I Limit • overed ''o' Premium' Tnou- 1 Premium , Thou- Premium) Thou- Premium' ded.shown Premium Premium ded.shown Premium per dis- Premium ....c No.t sands I I sands) t I sands) sands) ablement belOW below ____ . I , • • o.ai Premium XXXX XXXX XXXX XXXX 0 0 _---L XXXX1 o----�--XXY.X- -__ ITEM FOUR SC__- HIRED OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. •Limit stated in ITEM TWO. _iABILITY COVERAGE-RATING BASIS,COST OF ESTIMATED COST OF HIRE RATE PER EACH $100 COST OF HIRE 1 TOTAL ESTIMATED PREMIUM HIRE -AUTOS USED IN YOUR TRUCKING OPERATIONS ! I I Cost hire means the total amount you incur for the hire of autos you don't own (not including private passenger type autos you borrow or rent from 'ere fiers of our household your partners,employees or agents or members of their households •.'.ABILITY COVERAGE-RATING BASIS,COST OF HIRE-AUTOSNOT USED IN YOUR TRUCKING OP RATIONS STATE I ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH$100 COST OF HIRE PREMIUM TOTAL PREMIUM $ :.:os:o'mra means the total cost you incur for the hire of autos you don't own not including autos you borrow or rent from your partners or employees or their family members).Cost of hire does not ore ccarges for services performed by motor carriers of property or passengers. PHYSICAL DAMAGE COVERAGE COVERAGES I LIMIT OF INSURANCE-THE MOST WE WILL PAY,DEDUCTIBLE RATE PREMIUM • S , WHICHEVER IS LESS,MINUS$ DEDUCTIBLE FOR EACH COVERED AUTO,BUT $ SOMPREHENSIVF_ ACTUAL _, CASH NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. I -—r,_r VALUE, WHICHEVER IS LESS,MINUS$25 DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS S SPECIFIED CAUSES I COST OE OF LOSS ' P.EPAIRS CAUSED BY MISCHIEF OR VANDALISM. I • OP $ WHICHEVER IS LESS,MINUS$ DEDUCTIBLE FOR EACH COVERED AUTO S COLLISION Y LILra AM AUE COVERAGE for covered autos you hire or borrow is excess unless indicated below by"X ." TOTAL PREMIUM $ "his o0x Is checked, PHYSICAL DAMAGE COVERAGE applies on a direct primary basis and for purposes of the condition enliffSb OTHER INSURANCE, anj covered auto you hue or borrow is deemed to be a covered auto you own. ITEM FIVE-SCHEDULE FOR NON-OWNERSHIP LIABILITY RATING BASIS NUMBER PREMIUM TOTAL PREMIUM Number of Employees i ,$ Number of Partners I I$ $ ITEM SIX-TRAILER INTERCHANGE COVERAGE COVERAGES LIMIT OF INSURANCE DAILY RATE ESTIMATED PREMIUM ' TOTAL PREMIUM COMPREHENSIVE STATED IN $ $ • SPECIFIED CAUSES OF LOSS ITEM $ $ uOLLIS1ON TWO $ $ $ ITEM SEVEN - SCHEDULE FOR GROSS RECEIPTS OR MILEAGE RATING BASIS- LIABILITY COVERAGE • Esnmatec Yearly RATES PREMIUMS Gross Receipts Per$100 of Gross Receipts or Per Mile • ^A ieaue LIABILITY COVERAGE AUTO MED.PAYMENTS P.I P. •LIABILITY COVERAGEIAUTO MED.PAYMENT P.I.P. 1 • $ $ I$ I $ $ I$ TOTAL PREMIUMS $ $ Is rflhen used as a premium basis, i MINIMUM PREMIUMS I $ $ is Mileage means the total of all live and dead mileage developed by all the autos you leased or rented to others during the policy period. Gross Receipts means the total amount to which you are entitled for shipping or transporting property during the policy period regardless of whether you or any other carrier originate the shipment or transportation. "Gross Receipts"includes the total amount received from renting equipment, with or without drivers. to anyone who is not a trucker and 15%of the total amount received from renting any equipment to any trucker. Gross Receipts does not include A.Amounts you pay to railroads,steamship lines,airlines and other motor carriers operating under their own ICC or PUC permits. B. Advertising Revenue. C. Taxes which you collect as a separate item and remit directly to a governmental division. D. C.O.D.collections for cost of mail or merchandise including collection fees. E. `✓larehouse storage fees. SiJDL 8068(2)-0-A(Ed.4-89) SCHEDULE OF COVERED AUTOS YOU OWN EXTENSION OF DECLARATIONS POLICY NUMBER:GIC4221-25993 ITEM THREE-SCHEDULE OF COVERED AUTOS YOU OWN (Cont'd)** Covered DESCRIPTION PURCHASED Auto Year; Model;Trade Name; Body Type Actual NEW(N) TERRITORY:Town&State Where the No. Serial Number(S);Vehicle Identification Number(VIN) Cost& USED (U) Covered Auto will be principally garaged 1 2005 International Flatbed Tow Truck #9900 $80,000 Nevada. Texas 2 2004 International Flatbed Tow Truck #6734 $70,000 Nevada, Texas 3 2003 International Flatbed Tow Truck #2071 $62,000 Nevada, Texas 4 2002 International Flatbed Tow Truck #0109 $52,000 Nevada, Texas I I ' I CLASSIFICATION Primary Rating Except for Towing all physical damage loss is payable to you and the loss Covered Business use Size GVW,GCW Factor Seconda Radws of y payee named below as interests may appear at the time of the loss Auto s=service or Vehicle Age rPhy. Rating Code Operation r=retail Seating Capacity Group Liab. Damage Factor No. (In Miles) c=commercial 11 C ---�'s •'/ 1 :.1. • . 11- - 11 C ---�1•Ml^ :.A. • . O- ' - 3 1100 C --- 402290 First Bank of Farmersville 4 1100 C I 4. 2.s First Bank of Farmersville C • C I CC MIME C C I C !COVERAGES-PREMIUMS,LIMITS AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the I ITEM TWO column applies instead UNINSURED/UNDER COMPREHENSIVE SPEC. COLLISION TOWING&LABOR • LIABILITY Personal Injury Protection AUTO MED.PAY. INSURED MOTORISTS CAUSES OF LOSS • Limit(In i Limit(In Limit(In Limit(In Limit Limit'minus Limit' Limit"minus Covered I Thou- Premium Thou- Premium Thou- Premium Thou- Premium ded.shown Premium Premium ded.shown Premium per dis- Premium Auto No.! sands) sands) sands) sands below below ablement MIM111.11111 II Mill 2 - _--1000 2039 1000 908 ' -_ --- 111 : 111 4 1000 1514 1000 615 • • • • • • • • Total Premium XXX XXX XXXX XXX 7689 0 XXXX 3599 XXX'Limit stated in ITEM TWO. '"Item Seven in Garage Coverage Form-Non-Dealers'and Trailers Dealers'Supplementary Schedule Item Ten in Garage Coverage Form-Auto Dealers'Supplementary Schedule. INSURED CA 191 (Ed. 11-87) TE 99 78A LOSS PAYABLE CLAUSE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Policy Number 07/31/05 G104221-25993 Named Insured Countersignezi2by fir\ Wylie Auto Towing Inc (Authorized Representative) Loss Payee: First Bank of Farmersville Loss or damage under PHYSICAL DAMAGE COVERAGE shall be paid as interest may appear to you and the loss payee shown in the declarations or in this endorsement. This insurance covering the interest of the loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement of your covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee we shall, to the extent of payment, be subrogated to the loss payee's rights of recovery. Policy Term: July 31, 2005 to July 31, 2006 Vehicle Description: Various Stated Value: See Attached Coverages: Comprehensive& Collision Deductibles: $1000 Other: End. No 9-2-05 LGB FORM TE 99 78A- First Bank of Farmersville LOSS PAYABLE CLAUSE Farmersville, Texas 75442-0592 Box 592 Texas Standard Automobile Endorsement Prescribed November 1, 1987 I 1 1 1 -,t, i r ' I ii j r: j G. i I i }, %. I j t 1 I n. [) n I ,-J I L� 1 __ i - - z c -- m Sd/ri��_ ��`�o/ d' T / i 4/ I c/ Ii y/ I _/ "/ I b/ 1 0 C /t-? 7�7I 1 .0 ? Ar 1 S �' 1 < �, it I I G c, �( f.. ____._ L_ ____I___ ___i____ j_. __ 4__ ( ,7-- I j ..1 • I .� ' ' � � � . � | | | | \ i ' �� / / _ -- -�_ _ _�_' __. __ _ ��-' -r _. ! / | � - ` ��- --� -� - --� | } ` ! � | | \ � � | � | � / | � | | i [ ) ! � i . | � / -- ---- | --' -�-' '- --- ---- --- --- --' --� � | | | | ��� ___ ' � / | � i -- (- -- � j | | | f i / � | / . / --- -_-� -- _-_ -__' -_- -_ _ __ _ __ _ __ __ _ _ _ __ __ __ __ __ _ -- �- �_ -- _ / � _- __-/__- __ -_-- _-- __� __ __� __ ____ l-__--�'--__�_-� ��-- " � | | _ . / '�� - i ^ --- --- �--� 1 \ � �_ � ' ' ^'�' ^ /, �� \ , ^f /� �'~ ( / /� // � � ,/ � \ c' y--- \ \ �<�[ ' .) ' J '~. � � ~/ __ ` ` '' _L ��� � � ` � \ / _ __ _ \ -- \ \ '\o -- - �- �- -- -- \ , ` \ \ \ � � � ' ��\ \� , \ � \ ` ' ` \- �____-�-- ` ---- L __ `__ -\ -- -- -� \ \ � L. \ i \ \ \ \ \ � \ / _l_L _�_ _�____ �� ___�_ ___ � �, , ��7 � 7� -- --��'����� / ` /' ( ` ' ` / ` .� ` ' '. / `/ � '` '.~ '} ( �' -/� ( / '' � City of Wylie Fee Schedule Fee for Towing 10,001 lbs.and below $80.00 Fee for Towing 10-26,000 gvw $90.00 Fee for Towing 26,000 and over $150.00hr. Motorcycle Towing $40.00 extra Dollies or Flatbed fee $40.00 extra Mileage fee for outside City $2.00 a mile Labor rate $75.00hr. Storage fee per day $20.00 per day Impound fee $20.00 Hold Vehicles no storage till hold is released Owner notification fee $50.00 Large Vehicle storage fee $20.00 a day Winching fee $3.00 a foot after 50ft. Roll over fee $40.00 Heavy Duty Recovery fee $350.00hr. These rates include wrecked vehicles and all other vehicles towed City of Wylie Vehicles Fee for 10,000 or below No Charge Fee for 10-26,000 gvw $50.00 Fee for 26,000 or over $7.5.00 Outside City of Wylie $2.00 a mile -----.)--I---- , - , - LC+ Z\, . 1 `i. ''. ‘ // ,i &L.----..) V-) \ \t‘ 4 ' \ i i 1 \ \ 1 \ \ , 1 \ 1 1 1 I , \1 \ \ I 1 i ''‘ r---- \ .../ Big Bass Towing Inc. adheres to all applicable laws by being a active member of the Texas Towing and Storage Association and the Towing and Recovery Association of America they keep us informed as to any new laws or ordinances that are changed. Big Bass Towing Inc. has monthly safety meetings with all employees and gets all info from J.J. Keller& Associates thru there Fleet Safety Compliance Manuals and there Safety Training News Letters and Safety reports. Big Bass Towing Inc could start contract immediately and be fully functional. Big Bass Towing has 15 trucks available to the City of Wylie they would include 10 F/B's and 3 W/L trucks and 2 H/D trucks Vehicle list included with bid. All response times will be in the 20 min response required by the City of Wylie all Heavy Duty calls response times will be in 30-40 mins Heavy Dutys require additional time to build Air pressure when started. See attached Vehicle schedule for better description of each vehicle. Big Bass Towing is located at 1109 E Walnut st. Garland,Tx 75040 mailing address is same and we are located exactly 9.6 miles from the Wylie Police Department. Big Bass Towings Storage Lot Capacity is about 100 vehicles it has a 6ft chain link fence with barb wire on top its lighted and has Video surveillance and has attendant 24hrs a day it also has to storage buildings located in the front of lot. Storage lot has 24hr access to storage lot by public or City of Wylie officials. Attendant will be at site 24hr a day 7 days a week. Administrative personnel will be available on site Mon-Friday from 8am-5pm. Big Bass Towing has indoor storage for Wylie only access for processing criminal evidence. We have mini storage building on site with full access. Big Bass Towing has Tracker Management Dispatching and Storage Software and are completely computerized for keeping inventory and record keeping and tracking trucks and will give a computerized inventory statement every month to the city as to what cars are in inventory. Big Bass Towing give City of Wylie access to all books accounts and records anytime. Big Bass Towing will make Wylie police calls have first priority over all other calls. We have a computerized system to segregate Wylie vehicles from all others. Big Bass Towing has no reimbursement fees to City of Wylie. Big Bass Towing will tow and dispose of all junk vehicles and they will be auctioned or crushed whichever city decides. Any disputes with vehicle owners will be resolved in a timely manner with in 72hrs. Driver carry all equipment for clean up at wreck scenes we also have in our fleet a Forklift and backhoe and bob cat tractor for cleanup of heavy-duty wreck scenes. We can handle any scene that arises. Big Bass Towing will only allow City of Wylie access to company database regarding Wylie tows by police personal only. EQUIPMENT LIST—JULY 2005 TRK# YR MAKE VIN GVW TAG# TYPE WINCH CAPACITY 2 2000 , CHEVY-KODIAK 1GBJ6H1C2YJ511732 25950 T8848B JERDANN F/B 8000 3 2002 CHEVY-KODIAK 1GBJ6H1C62J514981 25950 73660E CENTURY F/B 8000 7 1998 GMC 6500 1GDJ6H1C8WJ521539 ' 25950 T3542D JERDANN F/B 8000 9 2000 GMC 1GDJ6H1C2YJ522723 25950 T2897A VULCAN F/B 8000 10 2001 KODIAK 1GBJ6H1C41J511348 25950 T28975 JERDANN F/B 8000 11 2001 KODIAK 1GBJ6H1C41J510926 25950 T0188C JERDANN F/B 8000 i 12 2001 KODIAK 1GBJ6H1C21J521156 25950 T9945B JERDANN F/B 8000 13 1996 KENWORTH 1XKAD69X8TS660764 52000 T9892B JERDANN H/D 2-80,000 i-t/1i 14 1994 FREIGHTLINER 1FUYDCYBORH570814 52000 T9926B VULCAN H/D 2-80,000 i-ifP 15 2000 FORD—F550 1FDAF56FA4EC75812 18000 T1683C JERDANN W/L 2-10,000 16 2004 CHEVY-3500 1GBJC39124E195461 12000 T3481D VULCAN W/L 8000 17 2005 FORD F-650 3FRWF65FX5V178475 25950 R7MZ89 VULCAN F/B 8000 1 18 2006 FORD F-650 3FRWF65F56V240334 25950 R7RC80 VULCAN F/B 8000 s 19 2006 FORD F-650 3FRWF66F36V240333 25950 ' R7RC81 VULCAN F/B 8000 20 2006 FORD F-650 3FRWF65F16V240332 25950 R7RC82 VULCAN F/B 8000 21 2002 FORD F-550 1FDAF56F12EA69177 18000 T3671E JERDANN W/L 2-10,000 1 Big Bass Towing Inc. Big Bass Towing was started in 1999 with one truck and now has grew to 15 trucks although we started in 99 we have been in the towing business for 21 years.We tow for several city's including City of Sachse and Garland and Dallas as well as many new car dealerships. We are completely computerized in dispatch and have tracking systems on all trucks all drivers are uniformed and very well trained in police towing we have drivers that are certified through the Towing and Recovery Association of America Level 1 and Level 2 and are working on there Level 3 certification to be a Master Tower.We have 30 employees employed by Big Bass including drivers and dispatchers. We are also in the process of becoming a state certified minority owed business should be completed in the next few weeks. We run the impounds for City of Sachse and Garland and are well trained in pound operations.We also have drivers that live in Wylie so making response times wont be a problem. Big Bass Towing References City of Garland Purchasing Department Doug Townsend 972-205-2426 dtownsen@ci.garland.tx.us City of Sachse Chief Benedict 972-495-2271 Toyota of Richardson Mike Greenway 972-238-4450 LII_I-t`_l-tULI51, IIJt) L1: 5i:I IS1l r 1N5Uk'HNLL /D1p 114L .0 11A} ILDUUJ,Ji _ _.... , DATC(MMlparrr n AG-0Ra CERTIFICATE OF LIABILITY INSURANCE 10/26/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND RSTHE SERVICE INSURANCE GROUP HOLDER THIS CONFE CERTI ICNATERDOHETS S NOTON AMEND,CERTIFICATEEXTEND OR PO BOX 395 ALTER THE COVERAGE AFFORDED BY THE_POLIC1ES BELOW. LEWISVILLE, TEXAS 75067 972-906-5969 INSURERS AFFORDING COVERAGE NAIC# T- INSURED BIG BASS TOWING INC. INSURER A: WESTPORT INSURANCE CO 'M>ANY . .. INSURER B: - 110 9 EAST WALNUT ST. INSURER C: GARLAND, TX 75040 INSURER D: .�._.... I INSURER E �— . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE roI'THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4? �a0a1o1 rfProritiz1rlANZ POUCYNUMBER FP MM MOAYCMpNQ ! � LlMEf& � .CKN!RAI.LIAMILITY EACH OCCURRtNCC s 500,000., —1 uAMxL.t r JrtkNi tu— TI COMML'RCIALGL'NE:MALLLuDILI1Y fftC[;� Cra,mnm 1 100(000 7�CLAIMSMADE 7C L E OCCUR MEMEXP(kw nnwadroanl S 5,000 A I_ WCP102003816500 03/01/0$ 03/01/06 rEHSONALtADVINJURY s 500,000 G NeRAL AGOE4EOATE $ 500,000 OE 'I.AQCkt:OATe LIMIT AI PLIes PeI PRopucTs-cOmPIOP ACO s 500,000 POLICY 7 ppr, r X I LOG AUTOMODILE LIAIILITY CQM9INED SINGLE LIMIT s 500,000 _.._ (l sacamanil ANYAUTO — ALL AU DQDILYINJURY S (Per person) X SCHEDULED AUTOS A X Hato Amos WCP102003816500 03/01/05 03/01/06 RODILYINJURY $ (ParacCidortq X NON•OWNCDAUTOS ritDreH1Y DAMAGE s !Peraccldrnq GARAGCLIADILITY AUTO ONLY.GAACCiDCNT IS 500,000 X ANY AUTO CP102003816500 03/01/05 03/01/06 OTHER THAN eAACC!I 500!000 A X GAGE REEFERS P102003816500 03/01/05 03/01/06 ALUOONLY` ADO t 1,000,000 I exCCsSlUMURCLLA LIADILITY EACH OCGURRCNCC s OCCUR 7 CLAIMSMADE AGGREGATE $ 5 I DEDUCTIBLE $ S RETENTION s wcsT7Aru• iSl WORKCR•COMPGNCiATIONAND ___.7SIDT.I.1hlO _ R CMPLQYCRs'Liman' eL EACH ACCIDENT G ANY I'NDI'NIt'I I/UUtatCutII t C.L.DIsr.Ase•MJ1_eMPLOYEN t OMPIKt!HfMCMUm tit:ICLUUL•r71 Ityoadoartibmx. C.)„DS�te•rimIOYLIMI? $ Ri+F�1AL 1'k0Vt810NB bolaM OTHER CP10200381ESDO 03/01/05 03/01/06 120,000 GKLL A CARGO P102003816500 03/01/05 03/01/06 50,000 ON THE ROOK _PRY'SICAL DAMAGE CP102003816500 03/01/05 03/01/06 DED 1000 OeSCRIPTIDN OF OPERATIONS!LOCATIONS!VEHICLES;EXCLUSIONS ADDED DY ENDORSEMENT SPECIAL PROVISION:, THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY ON THE ABOVE DESCRIBED POLICICS PC CANCeI4. D If!PORE THE E7[NIHATIOn CITY OF WYLIE DATE THEREON,THE ISSUING INSURER WILL CNOCAVQR TO MAIL.O DAYS WRITTEN 200 HWy 78 N NOT1C1:TQ INC CCRrtrIOATe HOLDER NAMED TO THE LEFT,DUT FAILURE TO DO SO SHALL WYLIE TX 75098 impost:NO OULIGATION OR LIABILITY ON ANY KIND UPON THE INSURER,ITS AGCNTw OR FAX:972-485-5968 RCPRCr,DNNAs1Vt:S. AUTMORR RCP SI:NTATIV A ek �'if ACORD25(2001/06) IDAGORD CORPORATION 19BB CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17. 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No.#: Date Prepared: October 24. 2005 Budgeted Amount: Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the City Manager to enter into a Landscape Installation/Maintenance Agreement with TxDOT for the installation of landscaping and welcome signs on State Highway 78, FM 544, and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78, and designating a point-of-contact to coordinate with TxDOT. RECOMMENDED ACTION: Approval. SUMMARY: The Park Division staff has worked with representatives of the Texas Department of Transportation (TxDOT) concerning the location and installation of landscaping and welcome signs on State Highway 78, FM 544, and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. Stone monument signs have been selected, a purchase order has been obtained, and the contractor is prepared to begin the work. TxDOT requires the City to execute a Landscape Installation/Maintenance Agreement for the beautification project and to designate a point-of-contact to coordinate aspects of the project with TxDOT. The Landscape Installation/Maintenance Agreement is applicable to all three "Welcome" signs and associated landscaping. APPROVED BY: Initial Date Department Director: MS \ 10/25/05 City Manager: /041Ye \ //-//-i 1 Air Texas Department of Transportation P.O. BOX 3067•DALLAS, TEXAS 75221-3067•(214) 320-6100 October 6, 2005 Mr. Bill Nelson Parks & Recreation Superintendent City of Wylie 2000 Highway 78 North Wylie TX 75098 Dear Mr. Nelson: Enclosed for execution (signature) by the authorized City representative are two original counterparts to the Landscape Installation/Maintenance Agreement for the entryway landscape and signs on SH 78 and FM 544 as shown on the attached plans. Please have these counterparts signed and dated, and return both to Mr. Patrick Haigh. Once they are executed by our District Engineer, we will return a copy for your files. Prior to beginning any work on this project, please contact Mr. Paul Williams at our Northeast Dallas Area Office, (214) 320-6240 to ensure the contractor/City follows the proper signage and traffic control procedures. If you have any other questions regarding the project, please feel free to call Mr. Haigh at (214) 320-6205. Sincerely,} Charlton,. Gar D. P.E. Director of Maintenance c: Williams An Equal Opportunity Employer Landscape Installation/Maintenance Agreement Terms and Conditions The Dallas District of the Texas Department of Transportation, hereinafter called the "District", and the City of Wylie, hereinafter called the "City", who recognize the desirability of highway beautification through landscape projects, are entering this Agreement to permit the City to contribute toward the beautification effort and allow them recognition through the inclusion of approved signage on SH 78 & FM 544. By signature below, the City, both jointly and severally, acknowledges the hazardous nature of this work and agrees, both jointly and severally, to the terms and conditions: • Participants for the City agree to obey and abide by all laws and regulations relating to safety and such terms and conditions as may be required by the Dallas District Engineer for special conditions on a particular section of roadway. • Each site must be considered individually and approved as such. • Each site must meet safety and clearance requirements. • No signs will be allowed on Interstate Highway right-of-way. • Signs shall display the City's name only and no other nomenclature (i.e. mascots, etc.) shall be included. A greeting (i.e. Welcome to ...) may be included. • No civic emblems, advertising, donation credits, etc. will be allowed on the sign. • Sign must be supplementary to a landscape project (the landscape planting is the primary object, not the sign) as detailed on the attached plans for the site. • Landscape plans must be in keeping with the District's standards as far as size and shape, and shall be approved by the District. • Sign can not be part of a Landscape Cost Sharing project. • Maintenance of the landscape planting and sign shall be the responsibility of the City. • The planting and signage must not create a maintenance problem. • The sign shall comply with the size requirements of the District and the Texas Litter Abatement Act. • The City shall not subcontract of assign its duties or responsibilities to any other group, organization, or enterprise. • The City shall appoint or select a spokesperson that is authorized to enter in to this agreement. This spokesperson shall designate a point-of-contact that the District can notify (on a day-to-day basis) in the event there are discrepancies which need correcting. If in the sole judgment of the District, it is found that the City is not meeting the terms and conditions of this agreement, upon 30 days notice, the District may terminate the agreement and remove the sign. This agreement may be modified in scope or altered in any other manner at the sole discretion of the District. The District reserves the right to modify or cancel the program at any time, and for any reason at the sole discretion of the District. The District and the City both recognize and agree that in no event, shall the District have the right to control the City in performing the actual details of installing and maintaining the project selected by the City, and, in installing and maintaining this project, the City acts as an independent contractor. 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CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM November 17, 2005 Council Meeting Of: Originating Department: Public Services Prepared By: Michael Sferra Account Code No.#: Date Prepared: November 2, 2005 Budgeted Amount: Exhibits: Interlocal Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County for improvements to 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. On June 28, 2005, Council approved Resolution 2005-20(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of improving Joel Scott Park. In a letter from Collin County dated October 26, 2005, the City received notification that it would receive County funding in the amount of $118,800. The original amount requested was $225,000. The grant will be used for the improvement of 9.2236 acres consisting of Joel Scott Park located on the northwest corner of Westgate Way and West Brown Street and of the TXU easement located to the north of the existing parkland. The TXU easement was dedicated to the City as parkland as part of the Birmingham Farm development. 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 also 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 the land value of the undeveloped open space. There is sufficient funding in the 4B Reserve Fund and/or anticipated parkland dedication revenues for expenditures. These sources would be reimbursed as funds are received from the County. Because the grant award is less than what was originally APPROVED BY: Initial Date Department Director: MS \ 10/25/05 City Manager: MfX \ ////-t 1 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County for improvements to Joel Scott Park SUMMARY: (Continued) requested, staff will commence work on adjusting the various line items in the original project budget in order to stay within the available funding limits. Project implementation is not anticipated to commence until early 2006, and staff anticipates the need to request a budget amendment to the FY 2005-06 budget at a future date, prior to any construction activity. The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. The attached Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. 2 U Special Projects October 26, 2005 City of Wylie Mark Roath, City Manager 2000 Highway 78 North Wylie, Texas 75098 RE: Interlocal Agreement for Collin County Project Funding Assistance Program Joel Scott Park, $118,800.00 Enclosed are five (5) originals of the Interlocal Agreement for execution. Please return all the signed originals to my attention. Upon approval by the Collin County Commissioners Court an original will be returned for your file. Should you have any questions please contact me at (972) 548-3744. Best regards, Teresa Nelson Administrative Secretary Enclosure 825 N. McDonald St., Suite 145 McKinney, Texas 75069•(972) 548-3744 • (972) 424-1460 ext.3744(Metro) • FAX (972) 548-5555 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an agreement concerning construction improvements to Joel Scott Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement; and WHEREAS, the City and the County find that this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS. this agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for construction improvements to Joel Scott Park, hereinafter called the "Project". The Project shall consist of the installation or construction of items described in Exhibit"A". ARTICLE II. The City shall prepare plans and specifications for improvements, accept bids, award a construction contract and administer the construction contract in accordance with all state statutory requirements. The City shall provide the county with a copy of executed construction contract(s) for the Project. All improvements shall be in accordance with the plans and specifications approved by the City. Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. 1 ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the project to be $466,823.00. The County agrees to fund a portion of the total cost to construct improvements described in Exhibit "A" in an amount not to exceed $118,800.00. The County shall reimburse the City for invoices paid by the City for cost related to the Project. Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $118,800.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2003 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2003 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of 200 , by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Site Grading and Dirt Hauling ❑ Concrete sidewalk 8' wide, 2100 LF Total funding $118,800.00 Contact Information The request for reimbursement should include copies of the invoice(s), check confirming payment, and any other supporting documentation submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnelson a collincountvtexas..rov Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No.#: 611-5715-56040 Date Prepared: September 22, 2005 Budgeted Amount: Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply Corporation and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. RECOMMENDED ACTION: It is recommended that the City Council approve this agreement SUMMARY: The City of Wylie has not had the ability to collect its sewer and trash fees with the threat of water service cut-offs in those areas where the City provides the sewer and trash service and Wylie Northeast provides water. Wylie Northeast has been reluctant to cut off City of Wylie sewer customers unless a written agreement was in effect with the City. In addition, Wylie Northeast reads the meters of our sewer customers so that we can bill our sewer customers based on their water usage, the same as other city residents. For these services Wylie Northeast has established fees and charges to offset their costs as outlined in the agreement. In some instances these fees are higher then those paid by other city sewer customers outside the Wylie Northeast service area. APPROVED BY: Initial Date Department Director: LW \ 8/30/05 City Manager: �1�',� \ 1 AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE and METER READING THIS AGREEMENT is made by and entered into by and between the CITY OF WYLIE, TEXAS, acting herein by and through its governing body (hereinafter called "City") and WYLIE NORTHEAST WATER SUPPLY DISTRICT acting herein by and through its duly authorized representatives (hereinafter called "WSD"). WHEREAS, WSD is a Texas nonprofit water supply district organized pursuant to TEX. REV. CIV. STAT. art. 1434a (now Chapter 67 of the Texas Water Code), which has been granted Certificate of Convenience and Necessity No. 10192 by the Texas Commission on Environmental Quality ("TCEQ") to provide retail water utility service to persons located within a defined service area in Collin County, Texas; and WHEREAS, City is a home rule municipality located partially in Collin County, Texas which provides sanitary sewer service to City customers, some of whom receive water utility service from the WSC; and WHEREAS, City is in need of water meter reading in order to bill City sewer customers who are being provided water service by WSD; and WHEREAS, Title 30, Texas Administrative Code, Section 291.88(e) authorizes the disconnection of water service for the nonpayment of sewer charges upon agreement between the utility providers. NOW THEREFORE, City and WSD enter into this Agreement and agree as follows: 1. Disconnection of Water Service for Failure to pay Sewer Service Charges. WSD agrees that it will disconnect WSD's water service to City's sewer customers for failure to pay undisputed sewer charges in accordance with the following procedures: a. City must send notice of water service termination to the customer("Notice") and WSD in conformity with Title 30, Texas Administrative Code, Section 291.88(a), as it exists or may be amended. b. If the customer to whom a Notice is sent fails to take the action required to avoid disconnection, such as paying past due service charges, or fails to establish that disconnection is prohibited under Title 30, Texas Administrative Code, Section 291.88(c) or (0, as it exists or may be amended, then City shall notify WSD that the customer has failed to take action to avoid disconnection and that WSD should proceed with the disconnection("Termination Request"). c. After receiving the Termination Request from the City, WSD shall disconnect water service on the date set forth in the Notice. If the Termination Request is received by WSD after the date of termination set forth in the Notice, then WSD shall disconnect the customer's water service no later than the next business day following receipt of the Termination Request. The Termination Request will state total amount owed plus $100.00 disconnect/reconnect fee. AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 1 335305.v1 d. Following disconnection of the customer's water service, WSD shall notify City of the date on which the water service was terminated. e. The City agrees that WSD will collect the past due sewer charges for the City and retain the Disconnect Fee of$50.00 and a Reconnect Fee of$50.00 if and when appropriate. This collection function is being delegated by the City so that its sewer customers do not have to make two trips to have their water turned back on. WSD will forward a check for cutoffs on the 1st of the month for total amount collected minus disconnect/reconnect fee. 2. Meter Reading. The WSD will make available on the first business day following the 21st of each month or as soon as possible thereafter, a listing of the monthly meter readings for all water customers who are being provided sewer service by the City. The City will pay WSD $.75 per account per month for meter reading services and $5.00 for each new account set up with City sewer service. The City will bring a check for invoiced services perform by WSD when picking up readings at WSD office. 3. Affect On Water Service. This Agreement shall not affect, or in any way impair, the WSD's rights and obligations to abide by and enforce the water service rules and regulations set forth in its tariff. 4. Term and Termination. The initial term of the Agreement shall be for one (1) year from the date of final execution by the parties. Thereafter, this Agreement shall automatically renew for two (2) additional one (1) year terms. Either party may terminate this Agreement by giving the other party sixty (60) days written notice to the other party. 5. Miscellaneous Provisions. a) Assignment. WSD shall have the right to assign or transfer this Agreement, together with all right, title and interest in this Agreement, to any successor entity of WSD at any time during the term of this Agreement, and any such assignee shall acquire all of the rights and assume all of the obligations of WSD 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. Save and except for matters over which the TCEQ has primary or exclusive jurisdiction, 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. AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 2 335305.v1 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 are for the convenience of the parties and are not intended to be used in construing this document. j) Parties not an Agent. The 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 party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. 1) No Third Party Beneficiaries. This Agreement is not executed for the benefit of any third party and its terms shall not be enforceable by, or construed in favor of, any person or entity other than the express parties to this Agreement. m) Amendment. This Agreement may be amended upon mutual written agreement of the parties. n) 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 AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 3 335305.v1 service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof, except that notices required under paragraphs 1., above, shall be made via facsimile. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee or confirmation of the facsimile. For purposes of notice, the addresses and facsimile numbers of the parties shall be as follows: If to Wylie, to: City of Wylie Attn: City Manager 2000 N. Highway 78 Wylie, TX 75098 (FAX) (972) 442-4302 If to WSC, to: Wylie Northeast WSD Attn.: General Manager P.O. Box 1029 Wylie, Texas 75098 (FAX) (972) 429-9413 SIGNED on this day of November, 2005. CITY OF WYLIE,TEXAS By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE NORTHEAST WSC By: Jimmy Beach, President ATTEST: Mike Bailey, Secretary/Treasurer AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 4 335305.v1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-59 adopting the 2003 edition of the International Property Maintenance Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: /778A \ //"J/-o.0 1 ORDINANCE NO. 2005-59 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-10; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2001-10; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Property Maintenance Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-10 Repealed. Wylie Ordinance No. 2001-10 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. 2001-10 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. 2001-10 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Property Maintenance Code. The International Property Maintenance Code, 2003 Edition, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Property Maintenance code for Wylie, prescribing regulations applicable to all existing residential and nonresidential structures and all existing premises and constitutes minimum requirements and standards for premises, structures, equipment and facilities for safe and sanitary maintenance (the "2003 International Property Maintenance Code"). The 2003 International Property Maintenance Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Property Maintenance Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Property Maintenance Code. Ordinance No.2005-59 Repealing Ordinance No.2001-10; Adopting the 2003 Edition of the International Property Maintenance Code Page 1 410002-1 SECTION 4: Amendment to the 2003 International Property Maintenance Code. The 2003 International Property Maintenance Code is hereby amended for the City of Wylie as set forth below: (1) Housing advisory and board of appeal. All references to housing advisory and board of appeal used in the International Property Maintenance Code shall mean the board appointed by the City Council for such purposes and designated as the board of appeal, currently established by the City of Wylie as the Construction Code Board. (2) Chapter 1, Administration. Section 102.3. Amend by deleting the section in its entirety and adding a new Section 102.3 to read as follows: Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the procedures and provisions of the International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code and the National Electrical Code. Section 110.4.1. Amend by adding a new Section 110.4.1 to read as follows: Recovery of costs incurred by the City of Wylie. Recovery of costs incurred by the City in vacating, securing,removing or demolishing a building pursuant to this code shall be in accordance with the provisions of Chapter 214, Subchapter A of the Texas Local Government Code. Section 111.1. Amend by deleting the first sentence in the section and adding a new first sentence to Section 111.1 to read as follows: Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Construction Code Board provided that a written application for appeal is filed within thirty (30) days after the day the decision notice or order was served. Section 111.2. Amend by deleting the section in its entirety and adding a new Section 111.2 to read as follows: Construction Code Board creation ordinance 84-11. Section 111.7. Amend by deleting the section in its entirety and adding a new Section 111.7 to read as follows: Ordinance No.2005-59 Repealing Ordinance No.2001-10; Adopting the 2003 Edition of the International Property Maintenance Code Page 2 410002-1 Court review. Once the decision of the Board becomes final under this section, the person effected by an order may appeal the decision to the State district court. Appeal to the district court must be filed within thirty (30) days from the date that notice of final board findings is personally delivered or mailed to the affected person(s) by first class mail certified return receipt requested. Appeal in the district court shall be limited to a hearing under the substantial evidence. (3) Chapter 6, Mechanical and Electrical Requirements. Section 601.1. Amend by deleting the section in its entirety and adding a new Section 601.1 to read as follows: Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. Whenever reference is made to electrical code standards, all requirements shall be in accordance with the National Electrical Code as adopted by the City of Wylie. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a property maintenance code is hereby amended to refer to the 2003 International Property Maintenance Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Ordinance No.2005-59 Repealing Ordinance No.2001-10; Adopting the 2003 Edition of the International Property Maintenance Code Page 3 410002-1 SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on thisl7th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-59 Repealing Ordinance No.2001-10; Adopting the 2003 Edition of the International Property Maintenance Code Page 4 410002-1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-60 adopting the 2003 edition of the International Mechanical Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems,promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs,North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: /Mate \ f1//-mod'^ 1 ORDINANCE NO. 2005-60 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-04; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2001-04; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Mechanical Code,with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-04 Repealed. Wylie Ordinance No. 2001-04 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. 2001-04 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. 2001-04 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Mechanical Code. The International Mechanical Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Mechanical code for Wylie, prescribing regulations applicable to all existing residential and nonresidential structures and all existing premises and constitutes minimum requirements and standards for mechanical applications (the "2003 International Mechanical Code"). The 2003 International Mechanical Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Mechanical Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Mechanical Code. Ordinance No.2005-60 Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 1 409998-v2 SECTION 4: Amendment to the 2003 International Mechanical Code. The 2003 International Mechanical Code is hereby amended for the City of Wylie as set forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. A reference in any ordinance to an earlier or different version of a mechanical code is hereby amended to refer to the 2003 International Mechanical Code as it is adopted herein or may be subsequently amended. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-60 Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 2 409998-v2 EXHIBIT "A" City of Wylie Amendments to the 2003 International Mechanical Code Ordinance No.2005-60 Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 3 409998-v2 Exhibit"A" Amendments to the 2003 International Mechanical Code The following sections, paragraphs, and sentences of the 2003 International Mechanical Code are hereby amended as follows: Standard type is text from the IMC. Underlined type is text inserted. Lin gh A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 edition of the code. **Section 102.8;change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 302.3;change to read as follows: 302.3 Cutting, notching and boring in wood framing. When permitted by the International Building Code, the The cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.4. **Section 304.6;delete. **Section 304.9;change to read as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm)or shall be suspended a minimum of 6 inches (152 mm)above adjoining grade. **Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . (bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24-30 inches (64Q 762 mm)wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm)wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 4 409998-v2 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. **Section 306.5;change to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access e-extent-e€ Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm)to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall . . . (bulk of section to read the same). . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. **Add Section 306.6.1 to read as follows: 306.6.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. 'Add Section 306.7 to read as follows: 306.7 Water heaters above around or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the around or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 306.7.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. • **Section 307.2.1;modify second sentence to read as follows: 307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. ***Section 307.2.2;change to read as follows: Repealing Ordinance 2001-04-Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 5 409998-v2 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure,_and temperature, and exposure rating of the installation. {Remainder unchanged) **Section 307.2.3;add item#4 to read as follows: 4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. **Section 401.5;add a second exception to read as follows: Exceptions: 1_ (existing exception unchanged) 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. **Section 403.2;add an exception to read as follows: Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design. **Section 403.2.1;add an item#4 to read as follows: 4. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Table 403.3, footnote g:change to read as follows: g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Section 501.2;add a third exception to read as follows: Exceptions: 1. (existing exception unchanged) 2. (existing exception unchanged) 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 6 409998-v2 **Section 504.6;add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. **Section 504.6.1;change to read as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm)from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the transition duct. {Exception is unchanged) "Section 506.3.10;change to read as follows: 506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed ...{bulk of paragraph unchanged)... through the use of weather-protected openings. Clearance from the duct to the interior surface of enclosures of combustible construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior surface of enclosures of noncombustible construction or gypsum wallboard attached to noncombustible structures shall be not less than 6-inches-0 3 inches (76 mm) or more than 12 inches (305 mm). The duct enclosure shall serve a single grease exhaust duct system and shall not contain any other ducts, piping, wiring or systems. Delete second exception. **Section 607.2.2;change to read as follows: 607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend into or through ducts and plenums. Penetration of structural elements shall conform to this section and the International Building Code except that fire Fife dampers are not required at penetration of fire-resistance-rated assemblie "Section 607.5.1;change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls. END Repealing Ordinance 2001-04—Adopting the 2003 Edition of the International Mechanical Code Ordinance Page 7 409998-v2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-61 adopting the 2003 edition of the International Plumbing Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: (OA' \ 1 ORDINANCE NO. 2005-61 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-05; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PLUMBING CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2001-05; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Plumbing Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-05 Repealed. Wylie Ordinance No. 2001-05 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. 2001-05 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. 2001-05 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Plumbing Code. The International Plumbing Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Plumbing code for Wylie, prescribing regulations applicable to all existing residential and nonresidential structures and all existing premises and constitutes minimum requirements and standards for plumbing applications (the "2003 International Plumbing Code"). The 2003 International Plumbing Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Plumbing Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Plumbing Code. Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 1 409997-v2 SECTION 4: Amendment to the 2003 International Plumbing Code. The 2003 International Plumbing Code is hereby amended for the City of Wylie as set forth in Exhibit"A", which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a plumbing code is hereby amended to refer to the 2003 International Plumbing Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 2 409997-v2 EXHIBIT "A" Amendments to the 2003 International Plumbing Code The following sections, paragraphs, and sentences of the 2003 International Plumbing Code are hereby amended as follows: Standard type is text from the IPC. Underlined type is text inserted.LiReil414FG643.14 A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 edition of the code. **Table of Contents, Chapter 7, Section 714;change to read as follows: Section 714 Engineered Cempatepized Drainage Design . . . . 62 ***Section 101.2;change exceptions 1 and 2 as follows: 101.2 Scope (Paragraph unchanged) Exceptions: 1. Detached one and two-family dwellings . . . (unchanged) . . . International Residential Code as adopted. 2. Plumbing systems in existing buildings . . . (unchanged) . . . International Existing Building Code or the provisions for existing buildings in the International Building Code as adopted. **Section 102.8;change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards,each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. ***Sections 106.6.2 and 106.6.3; change to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be as ' adopted by resolution of the governing body of the iurisdiction. 106.6.3 Fee Refunds.The code official shall establish a policy for authorize-authorizing the refunding of fees. as-follows.(De/ete balance of section) Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 3 409997-v2 ***Section 109;Delete entire section and insert the following: SECTION 109 MEANS OF APPEAL 109.1 Application for appeal.Any person shall have the right to appeal a decision of the code official to the board of appeals established by ordinance. The board shall be governed by the enabling ordinance. **Section 305.6.1;change to read as follows: 305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm)below grade. **Section 305.9;change to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. **Section 310.4;delete. **Sections 312.9.1 and 312.9.2; change to read as follows: 312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. In the absence of local provisions, the owner is responsible to ensure that testing is performed. 312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spill-proof vacuum breakers shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards: (list of standards unchanged) **Section 314.2.1;modify second sentence to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 4 409997-v2 ***Section 314.2.2;change to read as follows: 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressureaad temperature, and exposure rating of the installation. {Remainder unchanged) **Section 401.1;add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between the two chapters,the Code Official shall determine which provision applies. **Section 403.1;change to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildinqs or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. **Add Section 403.1.2 to read as follows: 403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International Building Code. **Section 405.6;delete. **Section 409.2;change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 5 409997-v2 **Section 410.1; change to read as follows: 410.1 Approval. Drinking fountains shall conform to ASME Al 12.19.1 M, ASME Al 12.19.2M or ASME Al 12.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. , Exception: A drinking fountain need not be provided in a drinking or dining establishment. **Section 412.4;change to read as follows: 412.4 Required location . Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. mm)in-teeter. 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks.) **Section 413.4;change to read as follows: 413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608. **Section 417.5;change to read as follows: 417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches (51 mm)and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm)door. Exception: Showers designed to comply with ICC/ANSI A117.1. **Section 417.5.2;change to read as follows: 417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 2 3 inches (54-76 mm)above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing . . . (remainder of section Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 6 409997-v2 unchanged) . . . . **Add Section 417.7 to read as follows: 417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. **Section 419.3;change to read as follows: 419.3 Surrounding material.Wall and floor space to a point 2 feet(610 mm)in front of a urinal lip and 4 feet(1219 mm)above the floor and at least 2 feet(610 mm)to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. **Section 502.3;change to read as follows: 502.3 Water heaters installed in attics. Attics containing a water heater shall be provided . . . (bulk of paragraph unchanged} . . . side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the water heater. **Add Section 502.5 to read as follows: 502.5 Water heaters above around or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight(8)feet(2438 mm)above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 502.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.3.1. **Section 504.6.1;change to read as follows: 504.6.1 Discharge. The relief valve shall discharge through full size piping to a safe place of disposal such as a the floor drain, outside the building, or an indirect waste receptor. The discharge pipe shall not have any trapped sections. When the drain pipe run is exposed, in an area outside of the room where the water heater is located, in a manner that would make it subject to damage,the drain and shall have a visible air gap or air gap fitting located in the same room as the water heater. The outlet end of the discharge pipe shall not be threaded and such discharge pipe shall not have a valve or tee installed. Relief valve piping shall be piped independent of other equipment drains or relief valve discharge piping to the disposal point. Such pipe shall be installed in a manner that does not cause personal injury to occupants in the immediate area or structural damage to the building. The discharge pipe shall not discharge into the pan required in Section 504.7. Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 7 409997-v2 When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two(2)feet(610 mm)nor less than six(6) inches (152 mm)above the ground or the floor level of the area receiving the discharge and pointing downward. **Add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. **Tables 605.3 and 605.4; delete "Polybutylene(PB)plastic pipe and tubing' **Section 606.1;delete items#4 and#5. **Section 606.2;items#1 and 2 change to read as follows: 1. On the fixture supply to each plumbing fixture. Exception: Tub and shower valves. 2. On the water supply pipe to each sillcock when subject to freezing. **Section 608.1;change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1,except and as specifically stated in Sections 608.2 through 608.16.9. ***Section 608.16.5;change to read as follows: 608.16.5 Connections to lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected lay against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer . . . {remainder of section unchanged). Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 8 409997-v2 **Section 608.17;change to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through 608.17.8. **Add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any"public use" occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or eiectors arranged to function independently in case of overload or mechanical failure. For storm drainage SUMPS and pumping systems, see Section 1113. **Section 714, 714.1;change to read as follows: SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be permitted to be designed by approved cuter design methods. **Section 802.4;add a sentence to read as follows: No standpipe shall be installed below the ground. **Section 904.1; changed to read as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches(152 mm)above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet(2134 mm)above the roof. **Section 912.1;change to read as follows: 912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor drains, standpipes. and indirect waste receptors. Combination drain and vent systems shall not receive the discharge from a food waste grinder or clinical sink. **Section 912.2;change to read as follows: 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet(2438 mm). Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 9 409997-v2 **Section 1002.10;delete. **Section 1003 (Until the Health and Water Departments of the area can coordinate a uniform grease trap section, each city will have to modify this section individually.) ***Section 1101.8; change to read as follows: 1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage system...(remainder of section unchanged)... **Section 1106.1;change to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six(6)inches per hour the 100 year-hom rainfall rate ' **Section 1107.3; change to read as follows: 1107.3 Sizing of secondary drains. Secondary(emergency)roof drain systems shall be sized in accordance with Section 1106 . Scuppers shall be sized to prevent the depth of ponding water . . . (remainder of section unchanged) . . . . ***Section 1202.1;delete Exception 2. END Ordinance No.2005-61 Repealing Ordinance No.2001-05;Adopting the 2003 Edition of the International Plumbing Code Page 10 409997-v2 CITY OF WYLIE Item No. V City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-62 adopting the 2003 edition of the International Energy Conservation Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems,promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs,North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: 42.14) \ //-//-o.( 1 ORDINANCE NO. 2005-62 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2002-23; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2002-23; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Energy Conservation Code,with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2002-23 Repealed. Wylie Ordinance No. 2002-23 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. 2002-23 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. 2002-23 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Energy Conservation Code. The International Energy Conservation Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Energy Conservation code for Wylie, prescribing regulations applicable to all existing residential and nonresidential structures and all existing premises and constitutes minimum requirements and standards for energy conservation (the "2003 International Energy Conservation Code"). The 2003 International Energy Conservation Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Energy Conservation Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Energy Conservation Code. SECTION 4: Amendment to the 2003 International Energy Conservation Code. The 2003 International Energy Conservation Code is hereby amended for the City of Wylie as set Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 1 410000-v2 forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of an energy conservation code is hereby amended to refer to the 2003 International Energy Conservation Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich,City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 2 410000-v2 EXHIBIT "A" Amendments to the 2003 International Energy Conservation Code The following sections, paragraphs, and sentences of the 2003 International Energy Conservation Code are hereby amended as follows: Standard type is text from the IECC. Underlined type is text inserted. A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 edition of the code. **Add the following section: 101.4.1.3 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may. at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. **Section 302.1;Replace blank Table 302.1 Exterior Design Conditions with the following: CONDITION VALUE Winter a,design dry-bulb(°F2 (99.6%) 17 Summer a, design dry-bulb ( F) (0.4%) 100 Summer a, design wet-bulb (°F) (0.4%) 78 Degree days heating ° 2407 Degree days cooling D 2603 Climate zone° 5B **Delete note "a"and replace with the following: a.These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft.Worth International Airport 99.6% Winter DB,0.4%Summer DB,and 0.4%Summer WB;and from Local Climatological Data for Dallas-Ft.Worth published by the National Climatic Data Center,National Oceanic and Atmospheric Administration. These values are for the purpose of providing a uniform basis of requirements for North Central Texas. This will not preclude licensed professionals from submitting design analyses based on site measurements or published data more specific to the building site. Adjustments shall be permitted to reflect local climates which differ from the tabulated values, or local weather experience determined by the code official. **Section 502.1.1;delete exception#2 and substitute the following: 2. Buildings located in Climate Zones 5b. **Section 502.1.5;add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 3 410000-v2 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with permanently attached screens where the screens have a rated shading coefficient of.6 or less. **Section 502.2;Replace blank Table 502.2 Heating& Cooling Criteria with the following: Table 502.2a,g HEATING AND COOLING CRITERIA Element Mode Buildings Detached Buildings Detached One-Family Dwellings Two-Family Dwellings Uo Uo Walls Heating or cooling 0.15 0.22 Roof/ceiling Heating or cooling 0.03 0.03 Floors over unheated Heating or cooling 0.05 0.05 spaces Heated slab on grade Heating R-value = 6 R-value =6 Unheated slab on Heating R-value = 0 R-value =0 grade Basement wall Heating or cooling U-factor=0.15 U-factor=0.15 Crawl space wall Heating or cooling U-factor=0.15 U-factor=0.15 **Delete Note "a"and replace with the following: a. The above values have been determined for all counties in the North Central Texas Council of Governments region. **Add Note "g": a. These requirements apply only to the boundaries of conditioned space. Air conditioning equipment and ductwork is recommended, but not required, to be located within the conditioned space in North Central Texas zones. **Delete Figures 502.2(1-6) **Section 502.2;Add note to Fig 502.2(7): All counties within the North Central Texas Council of Governments region are designated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement. Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 4 410000-v2 ***Section 502.2.2;add a second paragraph as follows: A building demonstrating envelope compliance at least 10%better than code may utilize R6 duct insulation in both supply and return air ducts in lieu of the insulation required by Table 503.3.3.3. **Section 502.2.4;Delete prescriptive Tables 502.2.4(1-9) and substitute the following: **Replace Tables 502.2.4(1-6) with: Table 502.2.4(1) Prescriptive Building Envelope Requirements, Detached One-Family Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area % Maximum Minimum Glazing Glazing Ceiling Exterior Floor Basement Slab Crawl U-factor R-value wall R-value wall perimeter space R-value R-value R-value wall and R-value depth <8% 0.70 R-26 R-11 R-11 R-5 R-0 R-6 <12% 0.65 R-26 R-13 R-11 R-5 R-0 R-5 <15% 0.60 R-30 R-13 R-19 R-6 R-0 R-7 <18% 0.52 R-30 R-13 R-19 R-6 R-0 R-7 <20% 0.50 R-38 R-13 R-19 R-6 R-0 R-7 <25% 0.46 R-38 R-16 R-19 R-6 R-0 R-7 **Replace Tables 502.2.4(7-9) with: Table 502.2.4(2) Prescriptive Building Envelope Requirements, Detached Two-Family Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area % Maximum Minimum Glazing Glazing Ceiling Exterior Floor Basement Slab Crawl U-factor R-value wall R-value wall perimeter space R-value R-value R-value wall and R-value depth <20% 0.55 R-30 R-13 R-11 R-5 R-0 R-5 <25% 0.55 R-30 R-13 R-11 R-5 R-0 R-5 <30% 0.47 R-38 R-13 R-19 R-7 R-0 R-8 Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 5 410000-v2 ***Table 503.3.3.1 MINIMUM PIPE INSULATION. Amend footnote "a"to read as follows: a. For piping lengths in excess of five(5)feet exposed to outdoor air, increase the insulation thickness by 0.5 inch. ***Table 503.3.3.3;add footnote "e"as follows: e. See Section 502.2.2 ***Section 503.3.3.4.3;change first sentence to read as follows: 503.3.3.4.3 Sealing required. All joints, longitudinal and transverse seams, and connections in ductwork, shall be made substantially airtight by means of welds, gaskets, mastics (adhesives), mastic- plus-embedded-fabric systems or tapes or other approved closure systems. (Remainder to remain unchanged) ***Section 602.1.6;delete last sentence of exception. ***Section 602.2 Maximum solar heat gain coefficient for fenestration products. Add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with attached screens where the screens have a rated shading coefficient of.6 or less. **Section 802.2;Replace blank tables 802.2(1-4) with the completed tables provided on the following four pages. Delete tables 802.2(5-37). TABLE 802.2(1) Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 6 410000-v2 BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE-GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights(U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF <0.25 Any Any 0.25< PF <0.50 Any Any PF >0.50 Any Any Roof assemblies(R-value) Insulation between Continuous insulation framing All-wood joist/truss R-19 R-16 Metal joist/truss R-25 R-17 Concrete slab or deck NA R-16 Metal purlin with thermal block R-25 R-17 Metal purlin without thermal block X R-17 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls(R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, >8 in., with integral insulation R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 Other masonry walls R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 7 410000-v2 TABLE 802.2(2) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights(U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF <0.25 0.6 Any 0.25 < PF <0.50 0.7 Any PF >0.50 Any Any Roof assemblies(R-value) Insulation between Continuous insulation framing All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space(R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls(R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, >8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 8 410000-v2 TABLE 802.2(3) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights(U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF <0.25 0.4 0.7 0.25 < PF <0.50 0.5 0.7 PF >0.50 0.6 0.7 Roof assemblies(R-value) Insulation between Continuous insulation framing All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space(R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, >8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 9 410000-v2 TABLE 802.2(4) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights(U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF <0.25 0.4 0.7 0.25< PF <0.50 0.5 0.7 PF >0.50 0.6 0.7 Roof assemblies(R-value) Insulation between Continuous insulation framing All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block R-38 R-20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls(R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-13 R-11 R-value continuous NA R-3 R-0 CMU, >8 in.,with integral insulation R-value cavity NA, NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 ***Add footnote "f'to SHGC column heading in Tables 802.2(2), 802.2(3) and 802.2(4) to read as follows: f. Minimum SHGC requirements do not apply to glazing as follows: 1. Any glazing facing within 45 degrees of true north. 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.30 or greater. 3. Any glazing with permanent attached screens where the screens have a rated shading coefficient of 0.60 or less. **Section 805.2.1 Interior Lighting Controls;add a third sentence to read: Large spaces shall have a separate switch or control for each 2500 square feet of floor area. Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 10 410000-v2 **Delete Figures 902.1 (1-43,45-51). "Chapter 10;Replace referenced standard as follows: ASHRAE 90.1--2001 Energy Standard for Buildings Except Low-Rise Residential Buildings ASHRAE/IES--99 Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings -- 1999 Edition Chapter 10—Referenced Standards: Under the heading ASHRAE and IESNA, change the Standard Reference Number from 90.1-2001 to 90.1-1999. END Ordinance No.2005-62 Repealing Ordinance No.2002-23; Adopting the 2003 Edition of the International Energy Conservation Code Ordinance Page 11 410000-v2 CITY OF WYLIE Item No. W City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-63 adopting the 2003 edition of the International Building Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: n ue \ 1 ORDINANCE NO. 2005-63 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-07; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE FOR COMMERCIAL BUILDINGS AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2001-07; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Building Code for commercial buildings, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-07 Repealed. Wylie Ordinance No. 2001-07 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. 2001-07 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. 2001-07 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Building Code. The International Building Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Building code for Wylie, prescribing regulations applicable to all commercial or nonresidential structures and constitutes minimum requirements and standards for commercial construction applications (the "2003 International Building Code"). The 2003 International Building Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Building Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Building Code. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 1 410001-v2 SECTION 4: Amendment to the 2003 International Building Code. The 2003 International Building Code is hereby amended for the City of Wylie as set forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a building code is hereby amended to refer to the 2003 Building Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 2 410001-v2 EXHIBIT "A" Amendments to the 2003 International Building Code The following sections, paragraphs, and sentences of the 2003 International Building Code are hereby amended as follows: Standard type is text from the IBC. Underlined type is text inserted. ugh A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 code. ***Section 101.2, exception No. 2;change to read as follows: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code with prior approval of the Building Official. Otherwise see chapter 34. **Section 101.4;change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. 101.4.1 Electrical. The provisions of the National Electrical Code as adopted shall apply to all electrical installations. Sections 105.1.1,105.1.2,105.2. Amend by deleting Sections 105.1.1, 105.1.2,and 105.2 in their entirety. Sections 105.8. Amend by adding a new section 105.8 to read as follows: Permit fee refunds. The Code Official may authorize refunding of any fee paid hereafter which was erroneously paid or collected.The Code Official may authorize not more than 80 percent of the permit fee be refunded when no work was performed under a permit issued in accordance with the code. The Code Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days of fee payment. **Section 109.3.5;delete. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 3 410001-v2 _.I.0 **Section 202;add a new definition to read as follows: HIGH-RISE BUILDING. A building having any floor used for human occupancy located more than 55 feet (16 764 mm)above the lowest level of fire department vehicle access. N ***Section 302.1.1, change to read as follows: 302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302.1.1 Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is located. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this section. ***Section 302.2.1;change to read as follows: 302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square feet(69.7 m2). Assembly areas that are accessory to Group E occupancies are exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the application of Table 503. {Last sentence to remain unchanged) ***Table 302.3.2; change the footnote reference in row R-3, R-4, column U, from "d"to "t"and add foot note "P'to read as follows: f. See Section 406.1.4. ***Section 303.1;change to read as follows: 303.1 Assembly Group A. (1st four sentences to remain unchanged). Assembly essupansies-areas which are accessory to Group E occupancies are exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the application of Table 503. {Last sentence to remain unchanged) ***Section 304.1;add the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 4 410001-v2 **Section 403.1;change to read as follows: 403.1 Applicability. The provisions of this section shall apply to buildings having gay occupied floors located more than 7-5 55 feet (22-860 16 764 mm) above the lowest level of fire department vehicle access. **Section 403.1, exception#3;change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. **Section 403.2, exception#2;delete. ***Section 404.1.1;change definition of"Atrium"as follows: ATRIUM. An opening connecting twe three or more stories . . . (Balance remains unchanged) ***Section 406.1.4;add item#4 to read as follows: 4. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). **Section 406.6.1;add a second paragraph to read as follows: This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes. inspections, windshield repair or replacement, shocks, minor part replacement and other such non-major repair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. **Section 506.2.2;add a sentence to read as follows: In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10- foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code Section 503.1.1 for hose lay measurement pathway requirements.) "**Table 602;amend footnote b by the addition of the following sentence: b. Group R-3 and Group U when used as accessory to Group R-3, as applicable in 101.2 shall be required to have a fire-resistance rating where fire separation distance is 3 feet or more. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 5 410001-v2 Group R-2 and Group U carport, as applicable in 406.1.4, exception 4 shall be required to have a fire-resistance rating where fire separation distance is 10 feet or less. **Section 705.11;change the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of. . . (remainder of exception unchanged). ***Section 707.2;change exception number 7 as follows: {7, 7.1, 7.2 and 7.3 are unchanged) 7.4 Is separated from floor openings...(remainder of exception unchanged) **Section 716.5.2;add exception#4 to read as follows: 4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 406.1.4,exception#2. **Section 902.1; under "Standpipe, Types of"definition amend "Manual dry"by adding a sentence to read as follows: The system must be supervised as specified in Section 905.9. ***Section 903.2;delete exception. **Add Section 903.2.8.3 to read as follows: 903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one- hour fire barrier separation wall installed between every storage compartment. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 6 410001-v2 **Section 903.2.10;amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: 903.2.10.3 Buildings more than 56 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located 55 35 feet (16 764 10 668mm)or more above the lowest level of fire department vehicle access. Exception: 2,-Open parking structures in compliance with Section 406.3 of the International Building Code. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.10.6 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. 110. **Section 903.3.1.1.1;change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic Automatic sprinklers shall not be required in the following rooms or areas where such . . . (bulk of section unchanged) . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. **Section 903.3.5;add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards: however, every fire protection system shall be designed with a 10 psi safety factor. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 7 410001-v2 **Section 903.4;add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Add Section 903.6.2 to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with IFC Section 1504. Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psiq and a maximum of 40 psiq air pressure with a high/low alarm. **Section 905.3.2;delete exceptions#1 and 2. **Section 905.4, item#5;change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either . . . {remainder of paragraph unchanged} . . . **Section 905.9;add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Ordinance No.2005-63 Repealing Ordinance No.2001-07; Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 8 410001-v2 **Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. **Section 907.2.3;change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building. will be considered one building for alarm occupant load consideration and interconnection of alarm systems. **Section 907.2.3;change exception#1 and add exception#1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age. see Section 907.2.6.) **Section 907.2.12;change to read as follows: 907.2.12 High-rise buildings. Buildings having any floor used for human occupancy located more than 76 55 feet(22 869 16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. **Section 907.2.12, exception#3;change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1, when used for open air seating: however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 9 410001-v2 **Section 907.3; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. **Add Section 907.5.1 to read as follows: 907.5.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class"A"wired with a minimum of six feet separation between supply and return loops. IDC—Class"A"style—D—SLC Class"A"Style 6—notification Class"B"Style Y. **Section 907.8.2; change to read as follows: 907.8.2 High-rise buildings. In buildings that have a_y floor located more than 75 55 feet (22 8660 16 764 mm)above the . . . {remainder of section unchanged). ***Section 1008.1.3.4;add criteria#7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having iurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. **Section 1016.1;add an exception#5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke- detection system shall be connected to the building's fire alarm system where such a system is provided. **Section 1019.1.8; change to read as follows: 1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where the any floor surface is located more than 75 55 feet (22 860 16 764 mm)above the lowest level of fire . . . {remainder of section unchanged). Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 10 410001-v2 **Section 1101.2;add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. **Section 1109.2.1; change to read as follows: 1109.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male awl or female water closets is%Wired provided. In buildings of mixed occupancy, only those water closets . . . (remainder of section unchanged). **Section 1210.2, exception#2;change to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. **Section 1403.3;change to read as follows: 1403.3 Vapor retarder. . In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96. (delete all exceptions) **Table 1505.1;replace footnotes b and c with the following: b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. c. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft of projected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. **Section 1505.7;delete. Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 11 410001-v2 **Add Section 2308.2.3 to read as follows: 2308.2.3 Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded; and 3. The portions of this section which will apply are identified by an engineer in the construction documents. **Section 2901.1;add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. **Section 2902.1, 2902.1.1 and 2902.1.2;change to read as follows and add sub sections: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the building code official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. 2902.2 Finish material. Finish materials shall comply with Section 1210. END Ordinance No.2005-63 Repealing Ordinance No.2001-07;Adopting the 2003 Edition of the International Building Code for Commercial Buildings Page 12 410001-v2 CITY OF WYLIE Item No. x City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-64 adopting the 2003 edition of the International Residential Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: ,1Z \ //-//-1.)f- 1 ORDINANCE NO. 2005-64 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2002-24; ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2002-24; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the International Residential Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2002-24 Repealed. Wylie Ordinance No. 2002-24 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. 2002-24 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. 2002-24 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2003 International Residential Code. The International Residential Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Residential code for Wylie, prescribing regulations applicable to residential structures and constitutes minimum requirements and standards for residential construction applications (the "2003 International Residential Code"). The 2003 International Residential Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Residential Code, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Residential Code. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 1 410016-v2 SECTION 4: Amendment to the 2003 International Residential Code. The 2003 International Residential Code is hereby amended for the City of Wylie as set forth in Exhibit "A",which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a residential code is hereby amended to refer to the 2003 International Residential Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 2 410016-v2 EXHIBIT "A" Amendments to the 2003 International Residential Code The following sections, paragraphs, and sentences of the 2003 International Residential Code are hereby amended as follows: Standard type is text from the IRC. Underlined type is text inserted. Lined-threes A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 code. **Section R102.4;change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Exception: Where enforcement . . .{remainder of exception unchanged) **Section RI05.2; delete. **Section R109.1.3; change to read as follows: R109.1.3 Floodplain inspections. For construction permitted in areas prone to flooding as established by Table R301.2(1), upon . . . {bulk of section unchanged) . . . construction, the building official may shall require submission . . . {remainder of section unchanged). **Section R110(R110.1 through R110.4);delete. **Section R112.1; change to read as follows: R112.1 General. The Construction Code Board of the City of Wylie created by ordinance shall hear all appeals made regarding the application and interpretation of this code in accordance with the procedures, policies and ordinances governing the Construction Code Board. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 3 410016-v2 **Section R112.2.1 & R1112.2.2& R112.3; delete. **Section R202;change definition of"Townhouse"to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two sides. ***Section R202;add definition of"Naturally durable wood"as follows: NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that an occasional piece with corner sapwood is permitted if 90 percent or more of the width of each side on which it occurs is heartwood. Decay resistant. Redwood, cedars, black locust and black walnut. Termite resistant. Redwood and Eastern red cedar. **Table R301.2(1);fill in as follows: GROUND SNOW LOAD WIND SPEED(mph) SEISMIC DESIGN CATEGORY912 5 Ib/ft` 90(3-sec-gust)/75 fastest mile A SUBJECT TO DAMAGE FROM Weatheringa Frost line depth° Termite° Decay° moderate 6" very heavy WINTER DESIGN ICE SHIELD UNDER- FLOOD AIR FREEZING MEAN ANNUAL TEMPT LAYMENT REQUIRED`Li HAZARDS INDEX' TEMP'S 22°F No local code 69°F 64.9°F For SI: 1 pound per square foot=0.0479 kN/m.02, 1 mile per hour= 1.609 km/h. a. No revisions. b. No revisions. c. No revisions. „ OF e d. No further revisions. #e. No further revisions. g f. No further revisions. g,No further revisions. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 4 410016-v2 i h. No further revisions. }i_No further revisions. k L No further revisions. ***Figure R301.2(7);delete and renumber figures as needed. **Section R302.1;add a second exception as follows: Exceptions: 1. Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 2. Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required by other adopted ordinances. **Section R303.3, exception;change to read as follows: Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1. The minimum ventilation rates shall be 50 cfm (23.6 Us) for intermittent ventilation or 20 cfm (9.4 Us) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Section R303.8;change to read as follows: R303.8 Required heating. °€ { °C), every Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C)at a point 3 feet(914 mm)above the floor and 2 feet(610 mm) from exterior walls in all habitable rooms at the design temperature. (Remainder of section unchanged) **Section R311.2.2; change to read as follows: R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.8 mm) fire-rated 1/2 inch (12.7 Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 5 410016-v2 }gypsum board or one-hour fire-resistive construction. **Section R317.1;add a second exception to read as follows: Exceptions: 1. (existing exception unchanged) 2. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. ***Section R318;delete. **Sections R319 and R320;change to read as follows: Revise Section R319.1 to read as follows: R319.1 Location required. i 3001-2{7}Protection from decay shall be provided in the following locations shall-require l the use of naturally durable wood or ,wood that is pressure preservatively treated in accordance with AWPA C1, C2, C3, C4, C9, C15, C18, C22, C23, C24, C28, C31, C33, P1, P2, and P3, or , 1. No revision. 2. No revision. 3. No revision. 4. No revision. 5. No revision. 6. No revision. 7. No revision. R319.1.1 Field treatment. Field cut ends, notches and drilled holes of pressure preservatively treated wood shall be retreated in the field in accordance with AWPA M4. Renumber existing sections R319.1.1 (Ground contact) through R319.1.4(Wood columns). Delete Section R320.1 and substitute the following: R320.1 Subterranean termite control. In areas favorable to termite damage as established by Table R 301.2 (1), methods of protection shall be by one of the following: , shields),or any combination of these methods. R 320.1.1 Pressure preservatively treated or naturally durable wood shall be provided as Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 6 410016-v2 per HUD standards. Pressure perservatively treated wood shall be treated in accordance with the standards cited in R 319.1. R 320.1.1.1 R320.1.1 Quality Mark. Lumber and plywood required to be pressure preservatively treated in accordance with R324.1 shall bear the quality mark of an approved inspection agency which maintains continuing supervision, testing, and inspection over the quality of the product and which has been approved by an accreditation body which complies with the requirements of the American Lumber Standards Committee treated wood program. R320.1.1.2 Field treatment. Field cut ends, notches and drilled holes of pressure preservatively treated wood shall be retreated in the field in accordance with AWPA M4. Revise sections R320.2 through R320.4 as follows: R320.2 R320.1.2 Chemical—sail Pesticide treatment. The concentrations, rate of application and treatment methods of the termiticide shall be consistent with and-sever less--than--the termiticide label. Pesticide treatment shall be provided using methods approved by the Environmental Protection Agency and the Texas Structural Pest Control Board. R320.1.3 Physical Barriers. Physical barriers shall be installed as recognized by Texas Structural Pest Control Board. joints-ef arrier. R.320.3 , R320.4 R320.2 Foam plastic protection. {Remainder of section unchanged.} **Section R323.1;change to read as follows: R323.1 General. Buildings and structures, when permitted to be constructed in flood hazard areas . . . (bulk of section unchanged} . . . shall be designed and constructed as required in accordance with the provisions contained in this section or by other local provisions as applicable. ***Section R602.10.5;add the following exception and figure: Exception: Vertical wall segments in the first of one- or first of two-story buildings next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate)when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch-minimum-thickness (9.5 mm) wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 7 410016-v2 R602.10.5(2). The wood structural panel sheathing shall extend up over the solid sawn or glued- laminated header and shall be nailed in accordance with Figure R602.10.5(2). The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inch (51 mm by 51 mm by 4.88 mm)thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C. Figure R602.10.5(2) GARAGE DOOR BRACED WALL PANEL FOR USE WITH CONTINUOUSLY SHEATHED WALLS I. EXTENT OF HEADER 1 1. • I MIN.3'X11.25' NET HEADER i. 1 .. r:--_•--s:: a' @ TO 18 A .i : FASTEN TOP PLATE TO HEADER WITH TWO !; ROWS OF 16D SINKER NAILS AT3"O.C.TYP. 3+8"MIN.THICKNESS WOOD i is STRUCTURAL PANEL SHEATHING .i. •! 1000 LB STRAP OPPOSITE SHEATHING .I: I .ii 1.1 '.!. J MN.(2)2x4 —'--i! 'j FASTEN SHEATHING TO HEADER WITH 8D .q" •i COMMON OR GALVANIZED BOX NAILS IN 3'GRID !: •i MAX i "! PATTERN ASSHDWNAND3"O.C.INALL MN. ac4 HEIGHTI FRAMING(STUDS,BUJCWNG.ANDSILLS)TYP. FRAMING •i": . . •i .4 '`: TYP. i; .t ,. j WIDTH BASED ON 6:1 HEIGHT-TO-WIDTH RATIO: f"* FOR 120'HEIGHT,MIN.WIDTH ' =20',FOR 96 1.1 HEIGHT,MIN.WIDTH=16',ETC. .i: I b. FOR APANELSPUCE(IF NEEDED),PANEL �� MIN.(2j 2 4 EDGES SHALLBE BLOCKED,AND OCCUR .j •j WITHIN 24"OF MD-HEIGHT.ONE ROW OF .i. •' i ! 111 TYPICALFIGURER5CORNER DETAIL TYP.SHEATHING-TO-FRAMING NAJUNG IS '!" 'I PER R602.10.5 REQUIRED. �� IF 2X4 BLOCMNG IS USED,THE 2X4'S •j .I, MUST BE NAILED TOGETHER WITH 3 16D .1. . :• ����' SEE SECTION R403.1.5 SINKERS _ I I I I I 1 I I i **Section R703.7.4.1;add a second paragraph to read as follows: 2. The maximum height of masonry veneer supported by wood or cold-formed steel shall not exceed (twenty-five) 25 feet. A licensed professional engineer's design with a detail is required on all brick on wood/steel installations exceeding (five)5 square feet, to verify the requirements of this section. **Section R703.7.4.1;add a second paragraph to read as follows: For 3%square feet(0.302 m2)of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16 in (407 mm) o.c., they shall be spaced no further apart than 29 in (737 mm)vertically starting approximately 15 in (381 mm)from the foundation. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 8 410016-v2 2. When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no further apart than 19 in (483 mm)vertically starting approximately 10 in (254 mm)from the foundation. **Add Section R902.3 to read as follows: R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft. of projected roof area, buildings of U occupancies may use non-rated non-combustible coverings. **Subsection R905.1, Roof covering applications; is amended by the addition of the following paragraphs: Roof systems in place prior to January 18, 1988, may be repaired with roof coverings of the same type as the original roof when all the following conditions are met: 1. The repair does not exceed twenty-five (25)percent of the roof. 2. The repair does not result in an increase in the total surface area of the roof. 3. Repairs shall not exceed (twenty-five) (25) percent of the roof surface area within any twelve month period unless Class C or better roof covering is provided. Shingles and shakes shall be applied to roofs with solid sheathing. Existing roofs may be replaced over spaced sheathing. When spaced sheathing is used, sheathing boards shall not be less than 1-inch by 4- inches (25 mm by 102 mm) nominal dimensions and shall be spaced on centers equal to the weather exposure to coincide with the placement of fasteners. When 1-inch by 4-inch (25 mm by 102 mm) spaced sheathing is installed at 10 inches (254 mm)on center, additional 1-inch by 4-inch (25 mm by 102 mm)boards must be installed between the sheathing boards. **Subsection R905.7.1 Deck Requirements;is changed to read as follows: Wood shingles shall only be installed on solid sheathing except as allowed for existing roofs in subsection R905.1. **Subsection R905.8.1 Deck Requirements; is changed to read as follows: Wood shakes shall only be installed on solid sheathing except as allowed for existing roofs in subsection R905.1. **Section R907.1;add a sentence to read as follows: All individual replacement shingles or shakes shall comply with Section R902.3. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 9 410016-v2 **Subsection R1005.2, Exterior air intake;is changed to read as follows: The exterior air intake shall be capable of providing all combustion air from the exterior of the dwelling or from spaces within the dwelling ventilated with outside air such as attic spaces. The exterior air intake shall not be located within the garage or basement of the dwelling nor shall the air intake be located at an elevation higher than the firebox. The exterior air intake shall be covered with a corrosion-resistant screen of%-inch (6.4 mm)mesh. **Section N1101.2;amend as follows: N1101.2.1 Compliance. Compliance with this chapter shall be demonstrated by meeting the either one of the following: 1. Meeting the requirements of this chapter for buildings with a glazing area that does not exceed 15 percent of the gross area of exterior walls; or 2. Meeting the requirements of this chapter for buildings with a glazing area that is greater than 15 percent but not exceeding 20 percent of the gross area of exterior walls and air conditioning equipment rated 12 SEER or higher; 3. Meeting the requirements of this chapter for buildings with a glazing area that is greater than 20 percent but not exceeding 25 percent of the gross area of exterior walls and air conditioning equipment rated 14 SEER or higher; or 4. Meeting the requirements of the International Energy Conservation Code for residential buildings, detached one-and two-family dwellings. (Remainder of section unchanged) **Add Section N1101.3.4 to read as follows: N1101.3.4 Exterior basement or slab insulation. When susceptibility to termite damage is classified as "very heavy" according to Table R301.2(1), designs employing basement or slab exterior insulation capable of harboring termites shall not be utilized. **Section NI102.1;amend as follows: N1102.1 Thermal performance criteria. The minimum required insulation R-value or the area-weighted average maximum required fenestration U-factor (other than opaque doors which are governed by Section N1102.1.3) for each element in the building thermal envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table N1102.1. Detached one-and-two family dwellings with greater than 4-5-25-percent glazing area; townhouses with greater than 25-percent glazing area; ; shall determine compliance using the building envelope requirements of Chapters 4 or 5 of the International Energy Conservation Code. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 10 410016-v2 "Replace Table NI102.1 with: TABLE N1102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE(U-FACTOR AND R-VALUE) MINIMUM INSULATION R-VALUE [(hrftL•°F)/Btu] MAXIMUM Ceilings Ceiling GLAZING open to Joist/Roof Walls Floors Basement Slab Crawl U-FACTOR Attic Rafter Walls perimeter space [Btu/(hr•ft2•°F)] Space Assembly walls 0.65 R-38 R-22 R-13 R-19 R-0 R-0 R-78 a. Crawl space insulation is only required for structures with uninsulated floors. Use of this table is limited to projects where the cathedral ceiling area is limited to one third or less of the total ceiling area. ***Section N1102.1.6;delete last sentence of exception. **Section N1102.2;amend as follows: N1102.2 Maximum solar heat gain coefficient for fenestration products. The area-weighted-average solar heat gain coefficient (SHGC) for glazed fenestration installed in locations with 3,500 or fewer heating degree days shall not exceed 0.40. Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a proiection factor of 0.3 or greater. 3. Any fenestration with permanently attached screens where the screens have a rated shading coefficient of.6 or less. ***Table N1103.5;amend as follows: Cooling Systems FLUID TEMP RANGE(°F) INSULATION THICKNESS inchesb Chilled water, refrigerant or brine 40-555 .5 Below 40 1.25 (Remainder of table unchanged.) Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 11 410016-v2 Amend footnote `b"to read as follows: b. For piping lengths in excess of five (5) feet (1,524 mm) exposed to outdoor air, increase thickness by 0.5 inch (13 mm). **Section M1305.1.3;change to read as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . (bulk of paragraph unchanged) . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 24-30 inches (648 762 mm)wide. A level service space at least 30 inches (762 mm)deep and 30 inches (762 mm)wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. **Section M1305.1.3.1;add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section M1305.1.4.1; change to read as follows: M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending above the adjoining ground a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm)above the ground. **Section M1305.1.4.3;add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section M1307.3.1;delete. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 12 410016-v2 **Section M1501.2;delete and replace with the following: M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be as recommended by the manufacturer, shall be at least the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length nor at the point of termination. **Section M1501.3;change to read as follows: M1501.3 Length limitation. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm)for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the transition duct. (Exception is unchanged) **Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device. Direct-vent water heaters are not required to be installed within an enclosure. **Section G2408.3;delete. **Section G2412.5;add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating pas pressure with an approved tag. The taps are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tap: 'WARNING 1/2 to 5 psi pas pressure Do Not Remove" Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 13 410016-v2 **Section G2413.3;add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST)shall be a minimum of 1/2". **Section G2415.6;change to read as follows: G2415.6 (404.6) Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner what will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section G2415.11 (404.11) , **Section G2415.9;change to read as follows: G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 42 18 inches (305 458 mm) below grad . **Section G2415.9.1;delete. **Section G2417.1;change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.7.4 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. **Section G2417.4.Amend by deleting the section in its entirety and adding a new Section G2417.4 to read as follows: Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 14 410016-v2 Test pressure measurements. Test pressure shall be measured with a manometer or with a pressure measuring device designed and calibrated to read, record or indicate a pressure loss due to leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. The equipment used shall be of an appropriate scale such that pressure loss can be easily determined. **Section G2417.4.1.Amend by deleting the section in its entirety and adding a new Section G2417.4.1 to read as follows: Test pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 10 psiq (68.9 kPa gauge)or at the discretion of the Code Official. The piping and valves may be tested at a pressure of at least 6 inches (152 mm)of mercury measured with a manometer or slope gauge. For welded piping and for piping carrying gas at pressures in excess of 14 inches water column pressure(3.48 kPa), the test pressure shall not be less than 60 pounds per square inch (413.4 kPa). **Section G2417.4.2;change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Code Official, but in no case for beget less than fifteen (15) minutes. For welded piping, and for piping carrying pas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty(30)minutes. **Add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. **Section G2421.1;add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. **Section G2439.5;add a sentence to read as follows: Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 15 410016-v2 The size of duct shall not be reduced along its developed length nor at the point of termination. **Section G2439.5.1; change to read as follows: G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2 1/2 feet(762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. (Exception is unchanged) **Section G2445.2;change to read as follows: G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7. **Section G2448.1.1;change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access. sizing, relief valves, drain pans and scald protection shall be in accordance with this code. **Section P2503.5.1, item 1;add a second paragraph to read as follows: Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subiected to the test at the point where it is clamped to the drain. **Section P2503.7.2;change to read as follows: P2503.7.2 Testing. Reduced pressure principle . . . (bulk of section unchanged) . . . at the time of installation, immediately after repairs or relocation and at regular intervals as required by applicable state or local provisions leactannually. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 16 410016-v2 ***Section P2603.2.1; change to read as follows: P2603.2.1 Protection against physical damage. In concealed locations...{bulk of section unchanged}...Protective shield plates shall be a minimum of .062-inch-thick (1.6 mm) steel; and shall cover the area of the pipe where the member is notched or bored **Section P2603.6.1;delete and replace with the following: P2603.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm)below grade. **Section P2709.1;add an exception to read as follows: Exception: Showers designed to comply with ICC/ANSI A117.1. **Section P2801.6;add an exception as follows: Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation. **Section P2803.6.1. Amend by deleting the section in its entirety and adding a new Section P2803.6.1 to read as follows: Requirements for discharge. The outlet of a pressure relief valve, temperature relief valve or combination thereof shall not be directly connected to the drainage system. The discharge from the relief valve shall be piped full size separately to the outside of the building or to an indirect waste receptor located inside the building. In areas subject to freezing, the relief valve shall discharge through an air gap into an indirect waste receptor located within a heated space or by other approved means. The discharge pipe shall not discharge into the pan required in Section P2801.5. The discharge shall be installed in a manner that does not cause personal injury or property damage and that is readily observable by the building occupants. The discharge from a relief valve shall be trapped. The diameter of the discharge piping shall not be less than the diameter of the relief valve outlet. The discharge pipe shall be installed so as to drain by gravity flow and shall terminate atmospherically.When discharging outside the building, the point of discharge shall be with the end of the pipe not more than 2 feet(610 mm)nor less than 6 inches (152 mm)above the ground or the floor level of the area receiving the discharge and pointing downward. The end of the discharge pipe shall not be threaded. Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 17 410016-v2 ***Section P2902.4.3;changed to read as follows: P2902.4.3 Lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer . . . {remainder of section unchanged). **Table P2904.4.1 & P2904.5;delete "Polybutylene(PB)plastic pipe and tubing". **Sections P2904.5.1 and P2904.14;delete reference to "PB"plastic pipe. **Section P3005.2.6;changed to read as follows: P3005.2.6 Upper terminal . Each horizontal drain shall be provided with a cleanout at its upper terminal Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. **Section P3103.1;change to read as follows: P3103.1 Roof extension. All open vent pipes which extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof , except that . . . (remainder of section unchanged). ***Sections P3105.2; change to read as follows: P3105.2 Fixture drains. The total fall in a fixture drain due to pipe slope shall not exceed one pipe diameter, nor shall the vent pipe connection to a fixture drain, except for water closets, be below the weir of the trap . **Section 3105.3 and Figure P3105.3;delete. ***Section P3111;delete. ***Section P3112.2;delete and replace with the following: Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 18 410016-v2 P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. ***Chapters 33 through 42;delete. Replace with the electrical code as adopted. END Ordinance No.2005-64 Repealing Ordinance No.2002-04;Adopting the 2003 Edition of the International Residential Code Ordinance Page 19 410016-v2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-65 adopting the 2005 edition of the National Electrical Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: f) : \ 1 ORDINANCE NO. 2005- 65 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-06; ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADOPTING AMENDMENTS THERETO; 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 repeal Wylie Ordinance No. 2001-06; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2005 Edition of the National Electrical Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-06 Repealed. Wylie Ordinance No. 2001-06 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. 2001-06 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. 2001-06 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2005 National Electrical Code. The 2005 National Electrical Code, copyrighted by the National Fire Protection Association, save and except the amendments set forth below, is hereby adopted as the electrical code for Wylie, prescribing regulations constituting minimum requirements and standards in Wylie (the "2005 National Electrical Code"). The 2005 National Electrical Code, save and except the amendments set forth herein, is made a part this Ordinance as if fully set forth herein. One (1) copy of the 2005 National Electrical Code, copyrighted by the National Fire Protection Association is on file in the office of the City Secretary of Wylie being marked and designated as the 2005 National Electrical Code. SECTION 4: Amendment to the 2005 National Electrical Code. The 2005 National Electrical Code is hereby amended for the City of Wylie as set forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. Ordinance No.2005-65 Repealing Ordinance No.2001-06 and Adopting 2005 National Electrical Code Page 1 428854-1 SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a property maintenance code is hereby amended to refer to the 2005 National Electrical Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-65 Repealing Ordinance No.2001-06 and Adopting 2005 National Electrical Code Page 2 428854-1 EXHIBIT "A" City of Wylie Amendments to the 2005 National Electrical Code The following sections, paragraphs, and sentences of the 2005 National Electric Code are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined-th **Section 230.71(A)add an exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service-entrance conductors permitted by 230.40, Exception Nos. 1, 3,4, or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects per service grouped in any one location. For the purpose...{text unchanged}...shall not be considered a service disconnecting means. Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. �kak`eaaW n.+r`Nw#k:.:iP&hia*FWmdSwC# 'i.Y.axs.:ear 9.c:,xaa -.-,35 :.�,' ':,,,• ., :..:_:: ,. .. .;, ^',�., ::..y; .kaav^An;+t`,sC�u-:,Fh"-sar l:% §#*i,n.;mng+i+. 4�+µF.^.u*`.5.rt58�:i.:' **Section 300.11 add an exception. 300.11 Securing and Supporting. (A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place. Support wires that do not provide secure support shall not be permitted as the sole support. Support wires and associated fittings that provide secure support and that are installed in addition to the ceiling grid support wires shall be permitted as the sole support. Where independent support wires are used,they shall be secured at both ends. Cables and raceways shall not be supported by ceiling grids. Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a maximum nominal metric designation 16(trade size %"). Ordinance No.2005-65 Repealing Ordinance No.2001-06 and Adopting 2005 National Electrical Code Page 3 428854-1 'Section 310.15(B)(6)change to read as follows: 310.15 Ampacities for Conductors Rated 0-2000 Volts. (B)Tables. (6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(6), shall be...{text unchanged}...provided the requirements of 215.2,220.61,and 230.42 are met. This Section shall not be used in conjunction with 220.82. "Section 500.8(A)(1)change to read as follows: 500.8 Equipment. (A)Approval for Class and Properties. (1) Equipment shall be identified...{text unchanged}...the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat-producing apparatus...{text unchanged}...see Exception No.3 to 500.8(B). .'A'td x k , ;'L kkYPr n eny <amr^=:A'wm ei.::TBa.414. M�Jkssd.�#`.X .. M-awa,e sf%;'i Ordinance No.2005-65 Repealing Ordinance No.2001-06 and Adopting 2005 National Electrical Code Page 4 428854-1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Building Department Prepared By: Johnny Bray Account Code No. #: Date Prepared: 11/2/05 Budgeted Amount: Exhibits: Copy of new ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-66 adopting the 2003 edition of the International Fuel Gas Code and repealing all conflicting ordinances. RECOMMENDED ACTION: Approval SUMMARY: In the interest of simplifying the construction process, advancing the safety of building systems, promoting common code interpretation, facilitating the mobility of contractors, and reducing construction costs, North Central Texas Council of Governments encourages all jurisdictions to adopt the recommended code and the regional amendments. APPROVED BY: Initial Date Department Director: JB \ 11/2/05 City Manager: /0414 1 ORDINANCE NO. 2005-66 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FUEL GAS CODE AND ADOPTING AMENDMENTS THERETO; 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 adopt the 2003 Edition of the International Fuel Gas Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2003 International Fuel Gas Code. The International Fuel Gas Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the Fuel Gas code for Wylie, prescribing regulations governing conditions hazardous to life and property from fuel gas applications and prescribing regulations applicable to all existing residential and nonresidential structures and all existing premises and constitutes minimum requirements and standards for fuel gas applications (the "2003 International Fuel Gas Code"). The 2003 International Fuel Gas Code, save and except the amendments set forth herein, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2003 International Fuel Gas Code, copyrighted by the International Code Council, Inc. are on file in the office of the City Secretary of Wylie being marked and designated as the 2003 International Fuel Gas Code. SECTION 3: Amendment to the 2003 International Fuel Gas Code. The 2003 International Fuel Gas Code is hereby amended for the City of Wylie as set forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 1 409999.v2 subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 2 409999.v2 EXHIBIT "A" Amendments to the 2003 International Fuel Gas Code The following sections, paragraphs, and sentences of the 2003 International Fuel Gas Code are hereby amended as follows: Standard type is text from the IFGC. Underlined type is text inserted. Lined-th A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 code. **Section 101.2 (Local amendments to Section 101.2 maybe necessary to correspond with the State Plumbing Licensing Law.) **Section 102.2;add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. **Section 102.8;change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. ***Section 304.10;change to read as follows: 304.10 Louvers and grilles. The required size of openings...{bulk of paragraph unchanged}...to provide the free area specified. Where the design and free area are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 75 50-percent free area. {Remainder of section unchanged.} ***Section 304.11;change Exception 8 to read as follows: 304.11 Combustion air ducts. {Bulk of section unchanged.} Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 3 409999.v2 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level or the manufacturer's recommendation, whichever is more stringent. **Section 305.5;delete. **Section 305.7;change to read as follows: 305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending a minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm)above adjoining grade. **Section 306.3;change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . (bulk of paragraph unchanged) . . . from the opening to the equipment. The passageway shall have continuous unobstructed solid flooring not less than 24-30 inches (644 762 mm)wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the equipment. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exceptions: 4 The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (Delete Exception#2.) **Section 306.5;change to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access_ #e-extent of Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm)to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall . . . (bulk of section to read the same). . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 4 409999.v2 **Add Section 306.5.1.1 to read as follows: 306.5.1.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. **Add Section 306.7 to read as follows: 306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 306.7.1. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. **Section 401.5;add a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: 'WARNING 1/2 to 5 psi gas pressure Do Not Remove" **Section 402.3;add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST)shall be a minimum of 1/2". **Section 404.6;change to read as follows: 404.6 Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner that will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section 404.11 , Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 5 409999.v2 **Section 404.9;change to read as follows: 404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 42 18 inches RN 458 mm) below grade, . **Section 406.4.1 Section 406.4.1. Amend by deleting the section in its entirety and adding a new Section 406.4.1 to read as follows: Test pressure. The test pressure to be used shall be not less than 10 psig (68.9 kPa gauge), the piping and valves may be tested at a pressure of at least six inches(152 mm)of mercury, measured with a manometer or slope gauge. For welded piping and piping carrying gas at pressures in excess of 14 inches water column pressure (3.48 kPa), the test pressure shall not be less than 60 pounds per square inch (413.4 kPa). ***Section 406.4.2;change to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for get less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa). the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section.) **Add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. **Section 410.1;add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 6 409999.v2 **Section 614.6;add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. **Section 614.6.1;change to read as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm)from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. (Exception is unchanged) **Section 621.2;change to read as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. **Section 624.1.1;change to read as follows: 624.1.1 Installation requirements. The requirements for water heaters relative to access sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code. END Ordinance No.2005-66 Adopting the 2003 Edition of the International Fuel Gas Code Ordinance Page 7 409999.v2 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17. 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 2, 2005 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT: Consider and act upon the withdrawal by the applicant concerning the issuance of a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-20 RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 18, 2005, 4—2 to recommend approval. SUMMARY: The legal owner of the property has decided not to move forward with the development, and request that 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 comment, and then accept the applicant's request for withdrawal. APPROVED BY: Initial Date Department Director: MM \ 11/2/05 City Manager: /Y>�, \ 11-1/-t 1 Our Mission.. ...to be responsible stewards of the public trust, to strive for excellence in public service,and to enhance the quality of life for all. C Of Wylie October 27, 2005 Mr. Cantral L. Eargle 2933 Glendale Drive Wylie, Texas 75098 Mr. Eargle: You had made application for a Specific Use Permit (SUP) to allow an amateur radio tower on 2933 Glendale Drive. The SUP is an action of the zoning authority. That request was to be heard by the City Council on Thursday, November 17, 2005. We have received a written notice from the legal owner of the property (attached) stating opposition to the requested tower. As the City of Wylie does not act to zone property against the will of the owner, your request is considered WITHDRAWN and will not be considered further by the City staff or Council. It will not be heard on November 17 as previously announced, and no tower or antenna is allowed without an approved SUP. faude Thompson, PI ning Director PLANNING AND ZONING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax (972)442-8115 • www.wylietexas.gov PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case / #2005-20. �, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-20. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 18,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Thursday,November 17,2005,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: f1 n k y (please print) Address: c(3 7 Q( nrt..tti Signature: 62 i m) Led, Date: � SAr) COMMENTS: h Pr LC i t"f S 1 L 1)1 t ` et '7 61. ' / CITY OF WYLIE Item No. 2. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 8, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider and act upon Resolution No. 2005-31 establishing a policy on Employee Use of E-mail and Internet; repealing all policies in conflict herewith to the extent of such conflict; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: The Internet and e-mail have come to local government offices bringing with them all the great benefits of increased efficiency, greater access to information, and improved communications within the office and with the public. This proposed policy; however, addresses some of the risks that may arise from this new technology. This proposed policy sets forth provisions outlining the purpose; statement of policy; use of the Internet; Uses of E-mail System; Security and Virus Protection; Enforcement and a Consent Agreement. APPROVED BY: Initial Date Department Director: \ City Manager: /4134 \ />/i- ' RESOLUTION NO. 2005-31(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A POLICY ON EMPLOYEE USE OF E-MAIL AND INTERNET; REPEALING ALL POLICIES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie has developed computer and other electronic systems to provide effective and efficient communications and to improve the work environment; and WHEREAS, the City of Wylie has made the computer and other electronic systems available to City employees, volunteers, and contractors in the performance of their duties; and WHEREAS, the City of Wylie has developed an e-mail and Internet policy to provide City employees, volunteers, and contractors with notice of its expectations about the use of the City's computer and other electronic systems. WHEREAS, the City Council is desirous of adopting this Resolution, which is entitled: "Employee Use of e-mail and Internet." NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE THAT: SECTION 1. Purposes. The purposes of the City of Wylie's computer and other electronic systems, including, but not limited to, electronic mail ['e-mail'] and the Internet, are to provide efficient communications, and to improve work product. This policy addresses access to and the disclosure of information from such electronic systems. Among other things, this policy is intended to guide City employees, volunteers, and contractors in the performance of their duties. This policy serves as notice to the employees, volunteers, and contractors of the City of Wylie that all data, including any that is stored or printed as a document, is subject to audit and review. There is no expectation of personal privacy in the use of the Internet and e-mail systems when using computers or services provided by the City of Wylie. Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 1 Finally, this policy serves to delineate acceptable uses of the Internet and e-mail systems by City employees, volunteers, and contractors [collectively also referred to as "users" or "employees"] while using government-owned/leased equipment, facilities, Internet addresses, domain names, and/or e-mail services registered to or provided by the City of Wylie. It seeks to ensure that the use of the Internet and e-mail systems by City employees, volunteers, or contractors while conducting work for the City and/or while using City provided systems is consistent with the City of Wylie's policies, all applicable laws, and the individual user's job responsibilities. SECTION 2. Statement of Policy. The City of Wylie promotes Internet and e-mail use that enables employees, volunteers and contractors to perform City missions and encourages its employees, volunteers, and contractor personnel to develop Internet and e- mail skills and knowledge. It is expected that employees will use the Internet and e-mail to improve their job knowledge; to access scientific, technical, and other information on topics which have relevance to the City of Wylie; and to communicate with their peers in other government agencies, academia and industry on matters of relevance to their work for the City. (a) Responsible Use: Users are advised not to use the Internet or e- mail systems for any purpose, which would reflect negatively on the City or its employees. (b) Property of the City of Wylie: The City of Wylie's electronic mail and Internet systems are business tools. These systems shall be used in a professional manner for legitimate business purposes only and, at all times, remain the property of the City of Wylie. (c) Scope: This policy applies to: (1) All technical resources that are owned or leased by the City of Wylie that are used on or accessed from City premises, or that are used for City business. This policy also applies to all activities using any City paid accounts, subscriptions, or other technical services, such as Internet access and e-mail, whether or not the activities are conducted from City premises; and (2) All full or part-time employees of the City of Wylie, and volunteers and contractors who are authorized Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 2 by their supervisors to use City resources to access the Internet or e-mail systems. (d) Information is Not Private The City computers and the data stored on them are, and remain at all times, the property of the City of Wylie. As such, all messages created, sent, or retrieved over the Internet or the City's electronic mail systems are the property of the City of Wylie, and should not be considered private information. Employees have no right to privacy as to any information or file transmitted through or stored in the City's computer systems, electronic mail, or other technical resources. (e) Use With Respect for Others Access to the Internet via City resources and use of City provided e-mail is only for City purposes. To that end, the use shall not disrupt or interfere with the work of other network users, adversely affect the operation of the Internet or the City's own internal network, or misrepresent the interests of the City. (f) Monitoring and Disclosure: The City reserves the rights to access, retrieve, read and disclose any data, messages or files stored on City funded systems for any purpose. Employees should be aware that, even when a message is erased or a visit to a web site is closed; it is still possible to recreate the message or locate the web site. The City reserves the right to monitor use of these systems to prevent abuse, enforce other policies, and access information. Access may occur in, but is not limited to, situations indicating: (1) impropriety, (2) violation of City policy, (3) legal requirements, (4) suspected criminal activities, (5) breach of system security, or (6) to locate substantive information or monitor employee's performance and conduct. The contents of these systems may be disclosed by the City Management within or outside the City without employee permission. Furthermore, all communications including text and images may be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. The City has unlimited access to protect the security of these systems or the City's property rights. (g) Consent All City employees, who are provided with access to the City's e-mail system and/or the Internet, are required to abide by the City's policy contained here and in other relevant documents. Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 3 SECTION 3. Use of the Internet. The City provides Internet access to employees for their use in performing their duties for the City. All employees of the City are responsible for using Internet resources in an effective, ethical, and lawful manner. It is the City policy that the Internet resources, like other City assets, be used for the benefit of the City. All Internet use should be congruent with the City's overall government policies. The City reserves the right to monitor and/or log all network activity with or without notice, including all web site communications, and therefore, users should have no expectations of privacy in the use of these resources. Use of the system in violation of this or other City policies is prohibited and may lead to disciplinary action, up to and including termination. (a) Uses that are acceptable and encouraged. (1) Communications and information exchanges directly relating to the mission, Charter and work tasks of the City; (2) Announcements of City procedures, meetings, policies, services, or activities; (3) Use for advisory, standards, research, analysis, and professional society or development activities related to the user's City job-related duties; and (4) Use in applying for and administering grants or contracts for City research programs. (b) Uses that are unacceptable: It is unacceptable for a user to access, use, submit, publish, display, download, save, or transmit on the network, or on any computer system, any information which: (1) Violates or infringes on the rights of any other person, including the right to privacy; (2) Contains defamatory, false, inaccurate, abusive, obscene, pornographic, profane, sexually oriented, threatening, racially offensive, or otherwise biased, discriminatory, or illegal material; (3) Violates City regulations prohibiting sexual harassment; Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 4 (4) Restricts or inhibits other users from using the system, or the efficiency of the computer system; (5) Encourages the use of controlled substances or uses the system for the purpose of criminal intent; or (6) Uses the system for any other illegal purpose. (c) It is also unacceptable for a user to use the facilities and capabilities of the system to: (1) Conduct any non-approved business; (2) Solicit the performance of any activity that is prohibited by law; (3) Transmit material, information or software in violation of any local, state or federal law; (4) Conduct any political activity; (5) Conduct any non-City-related fund raising or public relations activities; (6) Engage in any activity for personal gain or personal business transactions; or (7) Make any unauthorized purchases. (d) Copyrighted Material Users may download copyrighted material, but its use must be strictly within the agreement as posted by the author or current copyright law. The federal Copyright Act at 17 U.S.C. 101 et seq. (1988) protects and prohibits misuse of all original works of authorship in any tangible medium of expression. This includes a prohibition on plagiarism (using someone else's ideas or writing and passing it on as one's own). (e) E-Mai/`. Internet e-mail is considered network activity, thus, it is subject to all policies regarding acceptable/unacceptable uses of the Internet as well as City's e-mail policy. Users should not consider Internet e-mail to be either private or secure. Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 5 (f) Passwords Access to the Internet may require a password and authorized employees are prohibited from giving their password to any other person. SECTION 4. Uses of E-mail System. The City provides an e-mail system to employees for their use in performing their duties for the City. All employees of the City are responsible for using the e-mail system in an effective, ethical, and lawful manner. It is the City policy that the e-mail system, like other City assets, be used for the benefit of the City. All e-mail use should be congruent with the City's overall government policies. The City reserves the right to monitor and/or log all network activity with or without notice, including all web site communications, and therefore, users should have no expectations of privacy in the use of these resources. Use of the system in violation of this or other City policies is prohibited and may lead to disciplinary action, up to and including termination. (a) The City's e-mail system is for official City business and it shall be unacceptable to use the system for unrelated purposes, including but not limited to, the following: (1) To send or receive "chain" or similar type "letters." (2) To send or receive documents in violation of copyright or other laws. (3) To knowingly open e-mail not directed to you. (4) To send messages in violation of City security policies. (5) To forward electronic messages without a legitimate business purpose under circumstances likely to lead to embarrassment of the sender or to violate the clearly expressed desire of the sender to restrict additional dissemination. (6) To send messages that are false or misleading, inaccurate, abusive, obscene, pornographic, profane, sexually oriented, threatening, offensive, discriminatory, or illegal, including but not limited to sending messages under an assumed name or with the intent to obscure the origin of the message. Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 6 (7) To solicit or proselytize for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations. (b) Avoid "carbon copying" individuals who have no direct involvement or "need-to-know." Likewise, e-mail to all users should only be used on very rare occasions when every person on the system has a direct need to know. (c) Avoid "forwarding" e-mail to a third party unless necessary. (d) When sending an e-mail requiring "action," be sure to indicate which "TO" addressee(s) is/are to take the action. (e) Do not "say" anything in an e-mail message that could prove embarrassing or compromising to you or others. Each employee is responsible for the content of all text, audio, or images they transmit. (f) Avoid potentially contentious exchanges through e-mail. (g) Confidential and sensitive information, such as attorney-client privileged information; health or medical information should not be communicated via e-mail. (h) Communications that would be inappropriate under City policies are equally unacceptable if delivered via electronic communication. These communications may include, but are not limited to, harassing or discriminatory comments and insubordinate statements. (i) Use your common sense in determining when to use e-mail, in what is said, and to whom. SECTION 5. Security and Virus Protection. (a) E-mail and/or Internet access may utilize passwords for security; however employees should be aware that the reliability of such tools for maintaining confidentiality cannot be guaranteed. (b) To prevent computer viruses from being transmitted through the system, employees are not permitted to download any software onto their computer or any drive in that computer. When downloading a file or opening an e-mail attachment, users must Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 7 scan all materials with City provided virus protection software. Additional consideration of policies established by the IT Division should be used in determining how to handle potentially damaging e-mail or files. (c) At the discretion of the City Manager, systems may be checked for software not approved for official business use. SECTION 6. Enforcement. This policy is intended to be illustrative of the range of acceptable and unacceptable uses of the Internet and e-mail systems provided by the City of Wylie and are not necessarily exhaustive. Questions about specific uses should be directed to the user's supervisor. Immediately upon implementation of this policy, supervisors will be responsible to provide a copy of this policy to, and collect signed consent forms from, all employees who currently have access to the City's Internet or e-mail systems. Prior to authorizing new access, the supervisor is responsible to provide a copy of this policy to, and collect signed consent forms from all employees who will have access to the City's Internet or e-mail systems. The supervisor will review alleged or suspected violations of the policy and clear violations may result in disciplinary actions. Any user violating these provisions or applicable local, state or federal laws is subject to immediate loss or restriction of Internet/e-mail privileges, additional disciplinary actions, up to and including termination of employment, and/or criminal prosecution. SECTION 7. Consent Agreement. As a condition of employment, all City employees must acknowledge that all computer and electronic systems, including but not limited to, electronic mail and Internet network activity are the property of the City, and therefore, they should not consider any activity to be private. Current users of the City's Internet or e-mail systems must sign the consent form provided, within thirty (30) days of receiving a copy of this policy. Prior to obtaining new access to Internet or e-mail systems provided by the City, employees must sign the consent form provided. By signing the consent form, users acknowledge that they have received a copy of the policy, read it, and understand the City's Policy and the potential penalties for non-compliance. Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 8 PASSED AND DULY ADOPTED by the City Council of the City of Wylie, Texas, this 17th day of November, 2005. CITY OF WYLIE JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH City Secretary Resolution No. 2005-31(R) Establishing Internet/E-Mail Usage Policy 9 CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: n/a Date Prepared: October 25, 2005 Budgeted Amount: n/a Exhibits: Investment Policy AGENDA SUBJECT:Consider and act upon Resolution No. 2005-32(R) amending the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. RECOMMENDED ACTION: The Finance Department recommends that the City Council adopt the amended Investment Policy. SUMMARY: The Investment Policy is being amended in the following ways: (1) Commercial paper has been eliminated from authorized investments. This is due to the risk factors inherent in commercial paper and which the finance department has no mechanism in place to assess. (2) The maturities of cetain investments has been extended to 5 years for those funds that are not needed for liquity. (3) Broker/Dealers are now required to have an office in Texas. (4) Various changes to procedures in reporting, cash management practices and investment strategies have been updated to reflect the City's new cash management system and investment program. APPROVED BY: Initial Date Department Director: LW \ 11-04-05 City Manager: n1.14 \ //-//-A( 1 RESOLUTION NO. 2005-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING THE CURRENT INVESTMENT POLICY, PROVDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENTS STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFIATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt an investment policy by rule, order, ordinance or resolution; and WHEREAS, the Investment Policy has not be updated or amended since March 14, 2000; and WHEREAS, the Investment Policy and any incorporated revisions complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B — Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. WHEREAS, the City Council desires to update its Investment Policy periodically to reflect current practices and procedures in its Investment and Cash Management Program NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, as amended and attached hereto, is adopted as the investment policy of the City effective November 17, 2005. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 17'h day of November 2005. John Mondy, Mayor ATTESTED BY: Carol Ehrlich, City Secretary Resolution No. 2005-32(R) Amendment of Investment Policy City of Wylie, 'Texas INVESTMENT POLICY Adopted May 1995 Revised October 2005 CUT OF 'YL E, TEXAS INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 X1V. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A-BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER . \ OF WYLIE, TEXAS INVESTMENT POLICY I. INTRODUCTION Safety. The primary objective of the City's investment Chapter 2256 of Title 10 of the Local Government Code activity is the preservation of principal (capital) in the (herein after referred to as the"Public Funds Investment overall portfolio. Each investment transaction shall seek Act")prescribes that each city is to adopt written rules first to ensure that capital losses are avoided, whether governing its investment practices and to define the the loss occurs from the default of a security or from authority of the investment officer. The following erosion of market value. Investment Policy addresses the methods, procedures, and practices which must be exercised to ensure Liquidity. The City's investment portfolio will remain effective and judicious fiscal management of the City's sufficiently liquid to enable the City to meet operating funds. This Policy shall not apply to the selection, requirements that might be reasonably anticipated. retention or other issues concerning the depositories of Liquidity shall be achieved by matching investment the City's funds in demand deposits as provided under maturities with forecasted cash flow requirements, by Chapter 105 of the Local Government Code. investing in securities with active secondary markets, and by using state or local investment pools. II. SCOPE Diversification.The governing body recognizes that in This Policy shall apply to the investment and a diversified portfolio, occasional measured losses due management of all funds of the City under its control, to market volatility are inevitable, and must be other than those expressly excluded herein or by considered within the context of the overall portfolio's applicable law or valid agreement. This Policy shall not return, provided that adequate diversification has been supersede the restrictions on investment and use implemented. Therefore, assets held in the common applicable to any specific fund and, in the event of any investment portfolio shall be diversified to eliminate the conflict between this Policy and the requirements of any risk of loss resulting from one concentration of assets in fund subject hereto,the specific requirement applicable a specific maturity,a specific issuer or a specific class of to such fund shall be followed as well as all other securities. provisions of this Policy other than those in conflict. The Employees Deferred Compensation Agency Fund is Yield. The investment portfolio goal (benchmark) excluded from coverage under this Policy. against which the yield is compared will be established from time to time by the Finance Director. In order to make effective use of the City's resources,all Recommendations by the Investment Committee will be monies shall be pooled into one bank account, except considered when the performance measure is being for those monies required to be accounted for in other established. Efforts to seek higher than the above goal bank accounts as stipulated by applicable laws, bond must be consistent with risk limitations identified in this covenants or contracts. The bank account will be policy and prudent investment principles. The City's maintained by pooled fund group for purposes of investment portfolio shall be designed with the implementing pooled fund strategies and reporting. objective of attaining a rate of return which is consistent The income derived from this pooled investment with the risk limitations and cash flow characteristics of account shall be distributed by fund in accordance with the City's investments. the City's internal procedures. IV. INVESTMENT COMMITTEE III. OBJECTIVES An investment committee consisting of the City The City's principal investment objectives, in order of Attorney, City Manager and Director of Finance will priority, are listed below. meet on a quarterly basis. The Investment Committee C -Y OF L.I E, TEXAS INVESTMENT POLICY shall be authorized to invite advisors to the meetings as management program to members of the City staff. needed. Such approval shall state specifically the functions such person is authorized to perform or that the person is The investment officer will present a brief report of authorized to perform all activities of the Director under investment activities to the Investment Committee. The this Policy. The Director shall obtain and maintain, at primary objectives of the committee will be to the City's expense, fidelity bonds for himself and each of his designees in amounts determined adequate by the (1) make recommendations regarding investment Director(which shall not be less than five percent of the strategies amounts subject to this Policy) for each fiscal year as (2) approve a list of authorized brokers, dealers, shown by the approved budget. No person may engage banks, savings and loans, credit unions, and in an investment transaction except as provided under pools the terms of this Policy and the internal procedures (3) recommend a list of authorized training sources established by the Director. A current list of persons for the state mandated investment training and authorized to transact investment business and wire (4) monitor program results. funds on behalf of the City shall be maintained by the Director. The committee shall include in its deliberations such topics as performance reports, economic outlook, At the discretion of either the City Manager or the portfolio diversification, maturity structure, potential Director and in any event upon the termination or risk to the city's funds, and the target rate of return on reassignment of any member of the Director's staff the investment portfolio. The Investment Committee authorized to conduct transactions for the City pursuant shall provide for minutes of its meetings. to this Policy, the authority of such person shall be revoked and such revocation of authority shall be V. DELEGATION OF AUTHORITY immediately communicated by the Director orally and in writing to each and every depository, broker/dealer, Management responsibility for the investment program investment advisor,custodian and other agency or entity is delegated by the City Council to the City Manager with whom the City has any existing or continuing who will designate the Finance Director as Investment relationship in the management of its investments. Officer(hereinafter referred to as the "Director"). The Director's authority will at all times be limited by VI. INVESTMENT STRATEGY conformance with all Federal regulations,State of Texas statutes and other legal requirements including the City The City of Wylie maintains a pooled investment Charter and City Ordinances, including this Policy. portfolio. The pooled portfolio utilizes specific investment strategies designed to address the unique The Director shall develop and maintain written characteristics of the pooled investment portfolio. The administrative procedures for the operation of the pooled investment portfolio includes Operating Funds, investment program consistent with this Policy. The Debt Service Funds, Debt Service Reserve Funds, controls shall be designed to prevent, identify and Capital Projects and Special Purpose Funds. Investment control losses of public funds arising from deviation strategies for these different groups are detailed below. from this Policy, fraud, employee error, and misrepresentation by third parties,or imprudent actions (1) Investment strategies for operating, debt by employees and officers of the City. service,capital project,and special purpose funds have as their primary objective to assure that anticipated cash With written approval from the City Manager, the outflows are matched with adequate investment Director may delegate any phase of the investment liquidity. The secondary objective is to create a `-IT OF WYLIE' ITXAS INVESTMENT POLICY portfolio structure which will experience minimal The Director and his staff shall recognize that the volatility during economic cycles. investment activities of the City are a matter of public record. Therefore, all participants in the investment (2) The investment strategy for the debt service process shall seek to act responsibly as custodians of the reserve funds shall have as the primary objective the public trust. Investment officials shall avoid any ability to generate a dependable revenue stream from transactions that might impair public confidence in the securities with a low degree of volatility. Securities City's ability to govern effectively. should be of high quality, with short to intermediate term maturities. Except as may be required by a bond VIII. INVESTMENTS AUTHORIZED BY THE ordinance, securities should be of high quality with CITY OF WYLIE short to intermediate-term maturities. Authorized investments for municipal governments in VII. STANDARD OF CARE the State of Texas are set forth in the Public Funds Investment Act, as amended (Section 2256.009- Investments shall be made with judgment and care, 2256.019, Government Code). However, suitable under prevailing circumstances, that a person of investments for the City of Wylie are limited to the prudence,discretion,and intelligence would exercise in following. the management of the person's own affairs, not for speculation, but for investment, considering the (1) Direct obligations of the United States or its probable safety of capital and the probable income to be agents and instrumentalities with a stated maturity of derived. Investment of funds shall be governed by the 5 years or less. following investment objectives, in order of priority: (2) Certificates of deposit issued in the State of (1) preservation and safety of principal; Texas with a maximum maturity of 18 months or less and insured by the Federal Deposit Insurance (2) liquidity; and Corporation. (3) diversification; and (3) Fully collateralized direct repurchase agreements with a defined termination date of 180 days (4) yield. or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged In determining whether an investment officer has with a third party in the City's name. The agreement exercised prudence with respect to an investment must be placed through a primary government securities decision, the determination shall be made taking into dealer, as defined by the Federal Reserve, or by a consideration: financial institution doing business in the State of Texas. Each issuer of repurchase agreements shall be (1) the investment of all funds, or funds under the required to sign a master repurchase agreement. City's control, over which the officer had responsibility rather than a consideration as to (4) Approved investment pools as described in the prudence of a single investment; and Section 2256.016 which are continuously rated no lower than AAA, AAA-m or an equivalent rating by at least (2) whether the investment decision was consistent one nationally recognized rating agency and have a with the written investment policy of the City. weighted average maturity no greater than 90 days. IX. OTHER INVESTMENT GUIDELINES __ ITN OF WYLIE, TEXAS INVESTMENT POLICY should, however, be flexible depending upon the The City seeks active management of its portfolio outlook for the economy and the securities markets. assets. In order to meet the objectives of this Policy,the City may from time to time sell securities that it owns in The City will not exceed the following maximum limits order to better position its portfolio assets. Sales of as a percentage of the total portfolio for each of the securities prior to maturity shall be documented and categories listed below: approved by the Director before such a transaction is % consummated. Sales of securities yielding net proceeds Max. less than 92% of the book value of the securities must of Max. be approved in advance and in writing by the City Investment Category Portfolio Maturity Manager. Three examples of situations involving the Obligations of the United 100% 5 years sale of securities prior to maturity are States or its agencies and instrumentalities. (1) swap - to sell an investment to realize a capital gain, Certificates of Deposit 15% 18 mon. (2) To better position selected investments due to a change in market conditions, Repurchase Agreements 100% 180 days NOT Reverse Repurchase (3) To react to emergency liquidity demands. Agreements Each investment transaction must be based upon The Director shall evaluate how each security purchased competitive quotations received from at least three fits into the City's overall investment strategy. broker/dealers who have been approved by the City in accordance with Texas law. At all times the City shall maintain 10 percent of its total investment portfolio in instruments maturing in 90 The purchase and sale of all securities shall be on a days or less. The weighted average maturity of all delivery versus payment or payment versus delivery securities and certificates of deposit in the City's total basis (i.e., for securities purchases, monies will not be investment portfolio at any given time (not including released by the City's safekeeping bank until securities cash or demand deposits) shall not exceed 2 years. are received at the Federal Reserve Bank for further credit to the City's safekeeping bank. In the case of XI. SELECTION OF BROKERS/DEALERS securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the The City shall maintain a list of broker/dealers and securities are simultaneously released to the purchaser). financial institutions which have been approved for In this manner the City will always have possession of investment purposes by the investment committee. (For either its securities or its monies. the purpose of this investment policy,Broker/dealer will be used to refer to any brokerage firm,bank,investment X.DIVERSIFICATION AND MATURITY LIMITS pool, or financial institution with which the City does investment business). Securities may only be purchased It is the policy of the City to avoid concentration of from those authorized institutions and firms. The assets in a specific maturity, a specific issue, or a authorized broker/dealers will be reviewed at least specific class of securities, with the exception of U.S. annually. To be eligible, a broker/dealer must meet at Treasury issues. The asset allocation in the portfolio least one of the following criteria: 1)be recognized as a Primary Dealer as defined by the New York Federal CITY OF WYLIE, TEXAS INVESTMENT POLICY Reserve Market Reports Division; or 2) complies with Securities and Exchange Commission Rule 15C3-1,the The Director shall review the quality of service and Uniform Net Capital Requirement Rule. If the City's financial stability of each broker/dealer and financial depository bank also provides custodial and safekeeping institution approved under this Section at least annually. services for the City,the bank may not be included as an Any approved broker/dealer or financial institution may authorized broker/dealer for the City, however (Non- be removed from the list of approved broker/dealers negotiable Certificate of Deposits are exempt from this with the approval of the Director,if in the opinion of the policy. Director, the firm has not performed adequately or its financial position is considered inadequate. Broker/dealers will be selected and recommended to the investment committee by the Director on the basis of their financial stability, expertise in cash management XII. SAFEKEEPING AND CUSTODY and their ability to service the City's account. Each broker/dealer that has been authorized by the City shall Investment securities purchased for the City will be be required to submit and annually update a delivered by either book entry or physical delivery and Broker/Dealer Information Request form which includes shall be held in third-party safekeeping by a Federal the firm's most recent financial statements. The Reserve Member financial institution designated as the Director shall maintain a file which includes the most City's safekeeping and custodian bank. The City may recent Broker/Dealer Information Request forms designate more than one custodian bank. The City shall submitted by each firm approved for investment execute a Safekeeping Agreement with each bank prior purposes. A copy of the submitted Broker/Dealer to utilizing the custodian's safekeeping services. Only a Information Request forms as well as a list of those state or national bank located within the State of Texas broker/dealers approved by the City shall be maintained may be utilized as a custodian of securities pledged to by the Director(See Appendix A). secure certificates of deposit. The safekeeping agreement must provide that the safekeeping bank will The City of Wylie will provide all approved securities immediately record and promptly issue and deliver a dealers with a copy of the City's Investment Policy. A signed safekeeping receipt showing the receipt and the principal in the firm must execute a written statement identification of the security, as well as the City's acknowledging receipt and review of the policy and a interest. statement acknowledging that reasonable procedures and controls have been implemented to preclude The Director shall maintain a list of designated imprudent investment activities being conducted custodian banks and a copy of the Safekeeping between the entity and the securities firm (See Agreement executed with each custodian bank. Appendix B). The City must approve release of securities in writing All approved broker/dealer firms must have a completed prior to their removal from the custodial account. A City of Wylie broker/dealer questionnaire, investment telephone facsimile of a written authorization shall be policy, written acknowledgment per above guidelines, sufficient if the custodian orally confirms receipt of the executed master repurchase agreement, if applicable, transmission and an exact copy of the document is and current financial information on file. Certification retained in the City's files. In no event shall the language should be mutually acceptable to both parties. custodial bank be an authorized depository bank,issuer An investment officer of the City may not buy any of repurchase agreements in which the City invests or securities from a person who has not delivered to the broker/dealer of securities on behalf of the City. City an instrument substantially in the form provided by this policy. INVESTMENT POLICY All securities shall be confirmed in the name of the City audit of management controls on investments and and delivered to an approved custodial bank or carried adherence to the City's established investment policies. at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit purchased or Each depository of the City's funds shall maintain pledged securities. All book entry securities owned by separate, accurate and complete records relating to all the City shall be evidenced by a safekeeping receipt deposits of the City's funds, the securities pledged to issued to the City and signed by the appropriate officer secure such deposits and all transactions relating to the at the custodian bank stating that the securities are held pledged securities. Each approved custodian shall in the Federal Reserve System in a CUSTOMER maintain separate, accurate and complete records ACCOUNT naming the City as the "customer." In relating to all securities received on behalf of the City, addition, the custodian bank will, when requested, whether pledged, purchased or subject to repurchase furnish a copy of the delivery advice received by the agreement, as well as all transactions related to such custodian bank from the Federal Reserve Bank. securities. In addition, each depository shall file all reports required by the Texas State Depository Board. All certificated securities(those transferred by physical Each depository and custodian shall agree to make all delivery) shall: 1) be held by an approved custodian the records described in this paragraph available to the bank or any correspondent bank in New York City Director or designee and the City's auditors at any approved by the Director; and 2) the correspondent reasonable time. bank or the City's safekeeping bank shall issue a safekeeping receipt to the City evidencing that the All broker/dealers, custodians, depositories and securities are held by the correspondent bank for the investment advisors shall maintain complete records of City. all transactions that they conducted on behalf ofthe City and shall make those records available for inspection by The original safekeeping receipt for each transaction the Director or other representatives designated by the including purchased securities under a repurchase City Council or City Manager. agreement and collateral securing deposits will be forwarded to the Director or his designee and held in a All sales of securities for less than the book value of the secured file by the City. security shall be approved by the Director. Sales of securities for less than 92 percent of the book value of XIII. RECORD KEEPING AND REPORTING the securities must be approved by both the City Manager and the Director. A record shall be maintained of all bids and offerings for securities transactions in order to ensure that the City An investment report shall be prepared by the Director receives competitive pricing. All transactions shall be and signed by each officer and employee of the City documented by the person authorizing the transaction in authorized to conduct any of the City's investment a form that shows that person's name, the party activity, on a annual basis listing all of the investments instructed to execute the transaction, the date, a held by the City,beginning and ending market value for description of the transaction and a brief statement of period,the current market valuation of the investments the reason(s)for the transaction. and transaction summaries, including a detailed list of the gains and losses recognized. The market value will At least annually, the Director shall verify that all be determined by: (1) written reports such as the Wall securities purchased by or pledged to the City are on Street Journal;(2)on-line services such as Bloomberg; hand in appropriate form. The City,in conjunction with or(3)through a primary dealer or national bank that is its annual financial audit, shall perform a compliance independent of the specific security being valued. The report must state the pooled fund group for each CITY OF Voi, YLIE, TEXAS INVESTMENT POLICY asset/security. The report shall explain the total investment advice concerning specific securities or investment return during the previous quarter and classes of securities obtained in the transaction of the compare the portfolio's performance to other City's business for personal investment decisions,shall benchmarks of performance. If invested in securities, in all respects subordinate their personal investment the City's audit firm must review the quarterly reports transactions to those of the City,particularly with regard annually and the result of the review shall be reported to to the timing of purchases and sales and shall keep all the City Council by that auditor. investment advice obtained on behalf of the City and all transactions contemplated and completed by the City Within 90 days after the end of the City's fiscal year,the confidential,except when disclosure is required by law. Director shall prepare, sign and deliver to the City Manager and the City Council an annual report on the An investment officer of the City who has a personal City's investment program and investment activity business relationship with an organization seeking to which has also been signed by each officer and sell an investment to the City shall file a statement employee of the City authorized to conduct any of the disclosing that personal business interest. An City's investment activity. The annual report shall investment officer who is related within the second include full year investment returns. Such annual report degree by affinity or consanguinity to an individual shall include an analysis of the compliance with this seeking to sell an investment to the City shall file a Policy as well as changes in the applicable laws and statement disclosing that relationship. A statement regulations during the previous year and may include required under this subsection must be filed with the any other items of significance related to the investment Texas Ethics Commission and the governing body of program. The annual investment report will be the City. reviewed as a part of the annual audit. XV. POLICY REVISIONS X1V. ETHICS AND CONFLICTS OF INTEREST This Investment Policy will be reviewed at least Officers and employees of the City involved in the annually by the City Attorney, City Manager and investment process shall refrain from personal business Director of Finance and revised when necessary. All activity that involves any of the City's approved revisions shall be approved by the City Council. custodians, depositories, broker/dealers or investment advisors. Employees and officers shall not utilize CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Finance Department Prepared By: Larry Williamson Account Code No. #: n/a Date Prepared: 10/27/05 Budgeted Amount: n/a Exhibits: Policy Manual/Resolution AGENDA SUBJECT:Consider and act upon Resolution No. 2005-33(R) adopting Financial Management Policies for the City of Wylie, Texas. RECOMMENDED ACTION: The Finance Department recommends that the City Council adopt the Financial Policies as presented. SUMMARY: The purpose of the Financial Management Policies is to formalize financial guidelines for the City. The Financial Policy Manual will assist city staff in planning and directing the city's financial affairs and create a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The basis for the city's financial management policies include integrity,prudent stewardship,planning, accountability, and full disclosure. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, cash management, expenditure control and debt management. APPROVED BY: Initial Date Department Director: LW \ 10/27/05 City Manager: /17 '/Z 1 RESOLUTION NO. 2005-33(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING FINANCIAL MANAGEMENT POLICY, PROVDING FOR PURPOSE OF THIS POLICY, PROVIDING FOR ACCOUNTING, AUDITING AND FINANCIAL REPORTING, PROVIDING FOR INTERNAL CONTROLS, PROVIDING FOR OPERATING BUDGET, PROVIDING CAPITAL BUDGET AND PROGRAM; PROVIDING FOR REVENUE MANGEMENT, PROVIDING FOR EXPENDITURE CONTROL, PROVIDING FOR ASSET MANAGEMENT, PROVIDING FOR FINANCIAL CONDITION AND RESERVES, PROVIDING FOR DEBT MANAGEMENT, PROVIDING FOR STAFFING AND TRAINING, PROVIDING FOR GRANTS FINANCIAL MANAGEMENT, PROVIDING FOR ANNUAL REVIEW AND REPORTING. WHEREAS, the goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter; and WHEREAS, the purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day to day financial affairs; and WHEREAS, the City Council desires to adopt the City of Wylie Financial Management Policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, that the Financial Management Policie attached hereto, is adopted as the Financial Management Policies of the City effective November 17, 2005. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 17th day of November 2005. John Mondy, Mayor ATTESTED BY: Carol Ehrlich, City Secretary Resolution No.2005-33(R) Amendment of Investment Policy City of Wylie Financial Management Policies Adopted by the City Council Prepared by the Finance Department TABLE OF CONTENTS I. PURPOSE STATEMENT II. ACCOUNTING, AUDITING AND FINANCIAL REPORTING A. Accounting B. Funds C. External Auditing D. External Auditors Responsible to City Council E. External Auditors Rotation F. External Financial Reporting III. INTERNAL CONTROLS A. Written Procedures B. Internal Audit C. Department Managers Responsible IV. OPERATING BUDGET A. Preparation B. Balanced Budgets C. Planning D. Reporting E. Control F. Performance Measures and Productivity Indicators V. CAPITAL BUDGET AND PROGRAM A. Preparation B. Control C. Program Planning D. Alternate Resources E. Debt Financing F. Street Maintenance G. Water/Wastewater Main Rehabilitation and Replacement H. General Government Capital Reserve I. Water/Wastewater Capital Reserve J. Reporting VI. REVENUE MANANGEMENT A. Simplicity B. Certainty C. Equity D. Administration 2 E. Revenue Adequacy F. Cost/Benefit of Abatement G. Diversification and Stability H. Non-Recurring Revenues I. Property Tax Revenues J. Parks and Recreation 4B Sales Tax Revenues K. User-Based Fees L. Impact Fees M.General and Administrative charges N. Utility Rates O. Parks and Recreation 4B Fund Balance P. Utility Fund Balance Q. Interest Income R. Revenue Monitoring VII. EXPENDITURE CONTROL A. Appropriations B. Vacancy Savings and Contingency Account C. Contingency Account Expenditures D. Central Control E. Purchasing F. Professional Services G. Prompt Payment H. Information Technology VIII. ASSET MANAGEMENT A. Investments B. Cash Management C. Investment Performance D. Fixed Assets and Inventory IV. FINANCIAL CONDITON AND RESERVES A. No Operating Deficits B. Interfund Loans C. Operating Reserves D. Risk Management Program E. Loss Financing F. Enterprise Fund Self-Sufficiency X. DEBT MANAGEMENT A. General B. Self-Supporting Debt C. Analysis of Financing Alternatives D. Voter Authorization XI. STAFFING AND TRAINING 3 A. Adequate Staffing B. Training XII. GRANTS FINANCIAL MANAGEMENT A. Grant Solicitation B. Responsibility XIII. ANNUAL REVIEW AND REPORTING A. Annual Review B. Reporting 4 I. PURPOSE STATEMENT The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The watchwords of the city's financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting internal controls, operating and capital budgeting, revenue management, cash management, expenditure control and debt management. II. ACCOUNTING,AUDITING, AND FINANCIAL REPORTING A. ACCOUNTING — The city's Accounting Manager is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS— Self-balancing groups of accounts are used to account for city financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council C. EXTERNAL AUDITING — The city will be audited annually by outside independent auditors. The auditors must be a CPA firm of national reputation, and must demonstrate that they have the breadth and depth of staff to conduct the city's audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. The auditors' report on the city's financial statements including any federal grant single audits will be completed within 120 days of the city's fiscal year end, and the auditors' management letter will be presented to the city staff within 150 days after the city's fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The city staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. 5 D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL - The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the city staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. E. EXTERNAL AUDITOR ROTATION — The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. F. EXTERNAL FINANCIAL REPORTING — The city will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and possibly awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES — The Finance Director is responsible for developing city-wide written guidelines on accounting, cash handling, and other financial matters which will be approved by the City Manager. The Finance Department will assist department managers as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. INTERNAL AUDIT — The Finance Department may conduct reviews of the departments to determine if the departments are following the written guidelines as they apply to the departments. Finance will also review the written guidelines on accounting, cash handling and other financial matters. Based on these reviews Finance will recommend internal control improvements as needed. C. DEPARTMENT MANAGERS RESPONSIBLE —Each department manager is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent and internal auditor internal control recommendations are addressed. IV.OPERATING BUDGET 6 A. PREPARATION — The city's "operating budget" is the city's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation Debt Service Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the assistance of the Finance Department and cooperation of all city departments. The City Manager transmits the document to the City Council. The budget should be presented to the City Council no later than August 5, and should be enacted by the City Council prior to fiscal year end. The operating budget may be submitted to the GFOA annually for evaluation and possible awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGETS —An Operating budget will be balanced, with current revenues, exclusive of beginning resources, greater than or equal to current expenditures/expenses. C. PLANNING — The budget process will be coordinated so as to identify major policy issues for City Council D. REPORTING — Periodic financial reports will be prepared to enable the department managers to manage their budgets and to enable the Budget Manager to monitor and control the budget as approved by the City Council. Summary financial reports will be presented to the City Council within 45 days after the end of each quarter. Such reports will include current year revenue and expenditure projections. E. CONTROL — Operating Expenditure Control is addressed in another section of the Policies. F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process and reported to the City Council at least quarterly. V. CAPITAL BUDGET AND PROGRAM A. PREPARATION — The city's capital budget will include all capital projects funds and all capital resources. The budget will be prepared annually on a fiscal year basis and adopted by ordinance. The capital budget will be prepared by the City Manager with assistance from the Finance Department and involvement of all required city departments. 7 B. CONTROL —All capital project expenditures must be appropriated in the capital budget. Finance must certify the availability of resources so an appropriation can be made before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING - The capital budget will include capital improvements program for future years. The planning time frame should normally be five years. The replacement and maintenance for capital items should also be projected for the next five years at a minimum. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. D. ALTERNATE RESOURCES — Where applicable, assessments, impact fees, or other user-based fees should be used to fund capital projects which have a primary benefit to certain property owners. E. DEBT FINANCING — Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives that equal or exceed the average life of the debt issue. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE — The city recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, the City's goal is to allocate a portion of the General Fund budget each year to maintain the quality of streets. The amount will be established annually so that repairs will be made amounting to a designated percentage of the value of the streets. G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACE- MENT — The city recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City's goal will be to dedicate an amount equal to at least 1% of the undepreciated value of infrastructure annually to provide for a water and wastewater main repair and replacement program H. GENERAL GOVERNMENT CAPITAL RESERVE — A reserve will be maintained for general governmental capital projects. The reserve will be funded with operating surpluses, interest earnings, and payment-in-lieu-of- taxes. The reserve will be used for temporary loans to other capital loans, for major capital outlay and for unplanned projects. As soon as practicable after 8 each fiscal year end when annual operating results are known, any General Fund operating surplus in excess of budget which is not required to meet ending resources requirements may be transferred to the reserve with the approval of the City Council. The reserve will be used for temporary loans to other capital funds, for street maintenance, for major capital outlay and for unplanned projects. I. WATER AND WASTEWATER CAPITAL RESERVE —A reserve will be maintained for water and wastewater capital projects. The reserve will be funded with operating surpluses, interest earnings and transfers in from water and wastewater operations equal to at least 1% of the undepreciated value of infrastructure. As soon as practicable after each fiscal year end when annual operating results are known, any Water/Wastewater Fund operating surplus in excess of budget which is not required to meeting ending resources requirements may be transferred to the reserve with the approval of the City Council. The reserve will be used for temporary loans to other capital funds, for water/wastewater main rehabilitation and replacement, for major capital outlay and for unplanned projects. J. REPORTING — Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the finance department to monitor the capital budget as authorized by the City Manager. Summary capital projects status reports will be presented to the City Council quarterly beginning in April 2006. VI. REVENUE MANAGEMENT A. SIMPLICITY— The city will strive to keep the revenue system simple which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The city will avoid nuisance taxes, fees, or charges as revenue sources. B. CERTAINTY — An understanding of the revenue source increases the reliability of the revenue system. The city will try to understand its revenue sources, and enact consistent collection policies so that assurances can be provided that the revenue base will materialize according to budgets and plans. 9 C. EQUITY — The city will strive to maintain equity in the revenue system structure. That is, the city will seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities and customers. However, it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D.ADMINISTRATION — The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost, and cost of services analysis. E. REVENUE ADEQUACY—The city will require that there be a balance in the revenue system. That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. F. COSTBENEFIT OF ABATEMENT — The city will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. A cost/benefit (fiscal impact) analysis will be performed as a part of such analysis and presented to the appropriate entity considering using such incentive. G.DIVERSIFICATION AND STABILITY — In order to protect the government from fluctuations in revenue source due to fluctuations in the economy, and variations in weather (in the case of water and wastewater), a diversified revenue system will be maintained. H.NON-RECURRING REVENUES — One-time revenues will not be used for ongoing operations. Non-recurring revenues will be used only for non- recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES — Property shall be assessed at 100% of the fair market value as appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. A 97% collection rate will serve as a minimum for tax collection, with the delinquency rate of 3% or less. The 97% rate is calculated by dividing total current year tax collections for a fiscal year by the total tax levy for the fiscal year. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by State law, and in accordance with the attorney's contract. Annual performance criteria will be developed for the attorney regarding the collection of delinquent taxes.. 10 J. PARKS AND RECREATION 4B SALES TAX REVENUE — Parks and Recreation 4B sales tax revenue shall supplement but not supplant the funding for the Parks and Recreation System in the General Fund. No more than 40% of Parks and Recreation 4B sales tax revenue may be used for operations. At least 60% of the revenue will be dedicated to capital expenditures and debt service for Parks and Recreation System improvements and for associated reserves. K.USER-BASED FEES — For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be an annual review of fees and charges to ensure that fees provide adequate coverage of costs and services. User charges may be classed as "full cost recover," "partial costs recover," and "minimal cost recovery," based upon City Council policy. L. IMPACT FEES — Impact fees will be imposed for water, wastewater, and transportation in accordance with the requirements of State law. The staff working with the particular impact fee shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the impact fees will be re-evaluated at least every three years as required by law. M. GENERAL AND ADMINISTRATIVE CHARGES — A method will be maintained whereby the General Fund can impose a charge to the enterprise funds for general and administrative services (indirect costs) performed on the enterprise funds' behalf. The details will be documented and said information will be maintained in the Finance Department for review. N. UTILITY RATES — The city will review utility rates annually and, if necessary, adopt new rates to generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs. This policy does not prelude drawing down cash balances to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. O.PARKS AND RECREATION 4B FUND BALANCE — The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25% of the annual Parks and Recreation 4B sales tax budgeted revenue. P. UTILITY FUND BALANCE — The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It may not be used for any other purpose. It will be funded with surplus revenues of the 11 Utility Fund. The City's goal will be to maintain the Utility Fund Balance at 36 days of budgeted operating expenditures. Q.INTEREST INCOME—Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the operating and capital budgets which, wherever possible, will be in accordance with the equity balance of the fund from which monies were provided to be invested. R. REVENUE MONITORING — Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS — The level of budgetary control is the department level budget in the General Fund, and the fund level in all other funds. When budget adjustments (i.e., amendments), among departments and/or funds are necessary these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. VACANCY SAVINGS AND CONTINGENCY ACCOUNT — The General Fund Contingency Account will be budgeted at a minimal amount ($50,000). The contingency account balance for expenditures will be increased quarterly by the amount of available vacancy savings. C. CONTINGENCY ACCOUNT EXPENDITURES — The City Council must approve all contingency account expenditures over $25,000. The City Manager must approve all other contingency account expenditures. The City Council will be informed of all contingency account expenditures of$10,000 or more by memorandum from the City Manager. The Finance Department is responsible for submitting this memorandum to the City Manager based on information submitted by the spending department. D. CENTRAL CONTROL — Significant vacancy (salary) and capital budgetary savings in any department will be centrally controlled by the City Manager. E. PURCHASING — All purchases shall be made in accordance with the city's purchasing policies as defined in the Purchasing Manual. Authorization levels for appropriations previously approved by the City Council in the Operating Budget are as follows: Below Directors $500.00, for Directors up to $1,000, for Finance Director up to $2,500 and for the City Manager up to $25,000 with any purchases exceeding $25,000 to be approved by the City Council. 12 F. PROFESSIONAL SERVICES — Professional services will generally be processed through a request for proposals process, except for smaller contracts. The City Manager may execute any professional services contract except for insurance less than $25,000 provided there is an appropriation for such contract. While City Council approval of other contracts less than $25,000 is not required, the Finance Department will inform the City Manager who will then inform the City Council by memorandum, whenever a professional services contract of$10,000 or more is approved. G.PROMPT PAYMENT—All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the city's investable cash, where such delay does not violate the agreed upon terms. H.INFORMATION TECHNOLOGY — Certain information technology acquisitions will be centrally funded from the Information Technology Division. Acquisitions from this division may include all related professional services costs for researching and/or implementing an information technology project. Annual funding for replacements and for new technology will be provided through transfers from the major operating funds (General Fund, Utility Fund, and Parks and Recreation 4B Fund), based on the relative amount of their budgeted ending resources. Additional funding above the base amount may be provided for major projects with available one-time sources including debt proceeds. VIII. ASSET MANAGEMENT A. INVESTMENTS — The city's investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT—The city's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE — A quarterly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY—These assets will be reasonably safeguarded and properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS - Current expenditures will be paid with current revenues. Deferrals, short-term loans, or one-time sources will be 13 avoided as budget balancing techniques. Reserves will be used only for emergencies on non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTERFUND LOANS — Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council. At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend for the next 365 days. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Loans will not be made from the city's enterprise funds (Water/Wastewater, etc.), except for projects related to the purpose of the fund. Total interfund loans outstanding from a fund shall not exceed 15% of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. OPERATING RESERVES — Failure to meet these standards will be disclosed to the City Council as soon as the situation is recognized and a plan to replenish the ending resources over a reasonable time frame shall be adopted. 1. The General Fund ending fund balance will be maintained at a level 15% of budgeted expenditures. 2. The Utility Fund ending fund balance will be maintained at a level 25% of budgeted expenditures. 3. The Parks and Recreation 4B Fund ending fund balance will be maintained at a level 25% of budgeted 4B revenues. D.RISK MANAGEMENT PROGRAM — The city will aggressively pursue every opportunity to provide for the public's and city employees' safety and to manage its risks. E. LOSS FINANCING — All reasonable options will be investigated to finance losses. Such options may include risk transfer, insurance and risk retention. Where risk is retained, reserves will be established based on a calculation of incurred but not reported claims, and actuarial determinations. Such reserves will not be used for any purpose other than for financing losses. F. ENTEPRISE FUND SELF-SUFFICIENCY — The city's enterprise funds' resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses, in-lieu-of-property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses, then the City 14 Council may waive general and administrative expenses, in-lieu-of-property taxes and/or franchise fees until the fund is able to pay them. The City Council may pay out-of-pocket expenses that a fund is temporarily unable to pay with interfund loans, to be repaid at a future date. X. DEBT MANAGEMENT A. GENERAL — The city's borrowing practices will be conducted in accordance with the City Manager approved Debt Management Policies. B. SELF-SUPPORTING DEBT — When appropriate, self-supporting revenues will pay debt service in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES — The city will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees, and use of reserves or current monies. D. VOTER AUTHORIZATION — The city shall obtain voter authorization before issuing General Obligation Bonds as required by law. Voter authorization is not required for the issuance of Revenue Bonds. However, the city may elect to obtain voter authorization for Revenue Bonds. XI. STAFFING AND TRAINING A.ADEQUATE STAFFING — Staffing levels will be adequate for the fiscal functions of the city to function effectively. Overtime shall be used only to address temporary or seasonal demands that require excessive hours. Workload scheduling alternatives will be explored before adding staff. B. TRAINING — The city will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. • XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION — The City Manager will be informed about available grants by the departments and will have final approval over which grants are applied for. The grants should be cost beneficial and meet the city's objectives. 15 B. RESPONSIBILITY — Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep the Finance Department informed of significant grant-related plans and activities. Departments will also report re-estimated annual revenues and expenses to the Finance Department after the second quarter of each year. Finance Department staff members will serve as liaisons with grantor financial management personnel, will prepare invoices, and will keep the books of account for all grants. Finance Department staff will also prepare and distribute quarterly grant status reports. XIII. ANNUAL REVIEW AND REPORTING A. These Policies will be reviewed administratively by the City Manager at least annually, prior to preparation of the operating budget and will be presented to the City Council for confirmation of any significant changes. B. The Finance Director will report annually to the City Manager on compliance with these policies. 16 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 8, 2005 Budgeted Amount: Exhibits: Five AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-67 amending Chapter 114, Section 114-68 (Utilities, Meter Deposits) of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. RECOMMENDED ACTION: Approve. SUMMARY: Section 114-68 of the current Code reads as follows: "Each water consumer shall put up a meter deposit in an amount established by resolution which may be applied to the payment of any unpaid bills, and, when so used, the deposits shall be restored to the original amount. Any unused portion of the deposit shall be refunded at any time the account or service is discontinued." This proposed ordinance amends the above section by allowing new residential customers to submit a verifiable letter of reference, from a public or private utility, in lieu of a meter deposit under certain conditions. In addition, this proposed ordinance also amends the above section by allowing a refund to residential customers with "a good payment record" as defined therein. APPROVED BY: Initial Date Department Director: \ City Manager: 47Be \ /I-/I-c r ORDINANCE NO. 2005-67 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 114, SECTION 114-68 (UTILITIES, METER DEPOSITS) OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has determined that Chapter 114, Section 114-68 (Utilities, Meter Deposits) of the City of Wylie, Texas ("Wylie") Code of Ordinances should be amended as set forth below; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the Wylie utility customers to amend Chapter 114, Section 114-68 (Utilities, Meter Deposits) Wylie's Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment of Chapter 114, Section 114-68 (Utilities, Meter Deposits) of Wylie's Code of Ordinances. Chapter 114, Section 114-68 is hereby amended and replaced as follows: Sec. 114-68. Meter Deposits. (a) Each utility customer, residential, commercial or industrial, shall put up a meter deposit in an amount established by resolution which may be applied to the payment of any unpaid bills. (b) New residential customers, in lieu of a meter deposit, may submit a verifiable letter of reference, subject to the approval in form and content by the Finance Director. A letter of reference shall be from a public or private utility and show a good payment history for a period of not less than twelve (12) months. In general, a letter of reference should be received prior to the date when service is requested to begin. Service authorized under a letter of reference may be revoked, at the discretion of the Finance Director, should late payment be received on two or more occasions during any six (6) month period. (c) Meter deposits shall be held without payment of interest as long as utility service is continued; provided, that, for residential customers, with a good payment record for twelve (12) months after service begins, the City shall refund such meter deposit to the residential customer. Good payment record means that the residential customer is current on all utility bills owed the Ordinance No.2005-67 Amending Chapter 114, Section 114-68 Code of Ordinance City, has not paid a bill more than twice past the penalty date in the last twelve (12) months, has not issued a NSF (non-sufficient funds) check to the City, or has not been disconnected for non-payment of a bill during that same period. Such refund shall be effected only by applying such deposit in partial payment of the city utilities bill or bills then next becoming due. In the event that a residential customer's account should become delinquent after such refund, the Finance Director may require a new deposit to be made prior to reconnection or continuing of the utility service to such customer. (d) Any unused portion of the deposit shall be refunded at any time the account or service is discontinued. 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. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17`" day of November, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30, 2005 Ordinance No. 2005-67 Amending Chapter 114,Section 114-68 Code of Ordinance CITY OF WYLIE Item No. 6 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17. 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No.#: Date Prepared: October 27. 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a real estate sales contract for the purchase of real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas. RECOMMENDED ACTION: Approval. SUMMARY: The Public Services Department is in the process of acquiring a parcel of land located at 105 South Jackson Avenue. The 6,142 square foot parcel is currently surrounded on three sides by Olde City Park. If successfully acquired, the parcel will become incorporated into Olde City Park, and a 1,500 square foot pavilion will be erected on the site as part of a current Collin County parks and open space grant project. Execution of the sales contract will allow the City 30 days to complete a Phase 1 environmental assessment of the property. If contaminants are found on the property, the City may terminate the contract and not purchase the parcel. If no contaminants are found, it is anticipated that a closing will be scheduled to occur before December 31, 2005. Funds for costs associated with the acquisition were originally included in the FY 2004-05 Park Acquisition and Improvement Fund line items 121-5622-58110 and 121-5622-58150. A subsequent agenda item will be submitted for Council consideration to amend the FY 2005-06 budget for the environmental assessment and purchase price and to allocate said funds into the current fiscal year. Staff has negotiated with the seller and arrived at a total purchase price of $60,582.58 ($60,000 purchase plus 'hof closing costs in the amount of $582.58. The seller is responsible for the payment of property taxes in the amount of $700.54). Upon successful completion of the sale, the County will reimburse the City in the amount of$21,000.00 as part of the parks and open space grant project. APPROVED BY: Initial Date Department Director: MS \ 10/27/05 City Manager: ifl fg \ 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS § COUNTY OF COLLIN § THIS REAL ESTATE SALES CONTRACT (this "Contract") is made by and between ANTHONY D. BOYD ("Seller") and the CITY OF WYLIE, TEXAS ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I 1.01. Seller hereby agrees to sell and convey by Warranty Deed (the "Deed"), and Purchaser agrees to purchase and pay for, that certain real estate, and any improvements located thereon, being Lot 10, Block 4 containing approximately 6,142 square feet, more or less, located in the Keller's First Addition, an addition to the City of Wylie, Collin County, Texas, as generally described in Exhibit A, attached hereto and incorporated herein for all purposes,which property shall include any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way, and including all of Seller's rights to all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property (all of such real property described above and the rights and appurtenances described herein being herein collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth. All of the Property will be conveyed to Purchaser at the closing free and clear of all liens and claims. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 1 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price (therein called the "Purchase Price") for said Property shall be the sum of SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in all cash at closing. ARTICLE III CONDITIONS TO CLOSING Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Seller has obtained a Commitment for Title Insurance (the "Title Commitment") from Commonwealth Land Title Co. in Wylie, Texas (the "Title Company"), accompanied by legible copies of all recorded documents relating to easements, rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller(the"Title Documents"). Review Period 3.03. Purchaser shall have thirty (30) days (the "Review Period") after Purchaser's receipt of the later of the Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 2 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARB7-#412401-v2- Real_Estate_SalesContract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser, but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances, the lien for current taxes, restrictive covenants affecting the Property, the existing cross and mutual access easements and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions and Purchaser shall not be entitled to object to the status of title, the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten (10) days after receipt of same, Purchaser may, by written notice delivered within five (5) days thereafter, terminate this Contract. Feasibility Period 3.04 Purchaser shall have a period of thirty (30) days following the effective date of this Contract, within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the "Feasibility Period"). Within five (5) days following the effective date of this Contract, Seller shall furnish Purchaser with copies of any geophysical, environmental, grading and road plans, site plans, plats, soils, or other studies or tests relating to the Property which are in Seller's possession or subject to Seller's control. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period, that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 3 C:\Old Drive MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- RealEstate Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC to enter upon the Property and conduct such tests as Purchaser deems necessary; provided that Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property. Contingent Upon Environmental Assessment 3.05 The payment of the Purchase Price is contingent upon a Phase I Environmental Site Assessment by Alpha Testing, Inc. indicating that the property does not contain any contaminants objectionable to Purchaser. Purchaser may terminate this Contract if there is any contamination. It is not possible to determine whether there is contamination without conducting the Phase I Environmental Site Assessment of the Property. If contaminants are found on the Property, and Purchaser elects to terminate this Contract, State and Federal laws and regulations may require that any contamination actually found to exist must be taken care of by the Seller or subsequent property owner, in accordance with such laws and regulations. ARTICLE IV CLOSING 4.01. The Closing shall be at Commonwealth Land Title Company, 108B West Marble, Wylie, Texas 75098, on or before December 31, 2005 (the"Closing Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 4 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC (1) General real estate taxes for the year after the date of closing and subsequent years not yet due and payable; (2) Any exceptions approved by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, the cost and expense of said policy to be shared evenly by Purchaser and Seller. (c) Deliver to Purchaser one-half of all other costs associated with the sale of the Property and identified on the settlement statement at Closing. (d) Deliver to Purchaser possession of the Property. 4.03. At the closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. 4.04. All state, county, and municipal taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. There are no rollback taxes owing on the Property. 4.05. Each party shall pay any attomey's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract,or if this Contract is silent, they shall be shared equally by Purchaser and Seller. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 5 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real Estate_Sales_Contract_(Anthony_D_boyd_and the_City_of Wylie)3.DOC ARTICLE V REAL ESTATE COMMISSIONS 5.01. It is expressly understood and agreed that no broker was involved in the negotiation and consummation of this Contract. ARTICLE VI CASUALTY 6.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. ARTICLE VII REPRESENTATIONS 7.01. As a material inducement to the Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of execution of this Contract and through the date of the Closing as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation) pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations, or sales in lieu thereof, contracts of sale, options to Purchase or rights of first refusal with respect to any aspect of the Property, nor have any such actions, suits, proceedings, claims or other such other matters been threatened or asserted Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 6 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real Estate_Sa1es_Contract (Anthony_D_boyd_and_the_City_of Wy1ie)3.DOC (e) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract, the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any court having jurisdiction over Seller or the Property. (f) Seller is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (g) To Seller's current actual knowledge there are not any materials defects or any environmental hazards that affect the Property. ARTICLE VIII MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 7 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City of Wylie)3.DOC Notice (b) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed to be delivered when actually received or, regardless of whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, overnight mail, or fax with verbal confirmation of receipt of same, as the case may be, addressed to the addressee as follows: If to Seller: City of Wylie ATTN: Mark B. Roath 2000 Highway 78N Wylie, Texas 75098 Telephone: (972)442-8121 Facsimile: (982)442-4302 If to Purchaser: Anthony D. Boyd 103 South Ballard Street Wylie, Texas 75098 Telephone: 972-442-5 53 0 Facsimile: N/A Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (e) In case any one or more of the provisions contained in this Contract shall for any Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 8 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony D_boyd_and_the_City_of Wylie)3.DOC reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (f) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (g) Time is of the essence of this Contract. Attorney's Fees (h) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (i) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 9 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC Compliance (j) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance. Effective Date of Contract (k) The term "effective date of this Contract" as used herein shall mean the later of the two (2) dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of fmal execution and agreement by the parties. Counterparts/Facsimile (1) This Contract may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. Expiration of Offer (m) The offer contained in this Contract shall automatically expire within fifteen (15) days from the date of execution by the first party if the other party has not executed and delivered the same to the first party. EXECUTED on the dates set forth at the signatures of the parties hereto. SELLER: By: 67-e, Anthony . oyd Date of Execution: as- Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 10 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC PURCHASER: CITY OF WYLIE John Mondy, Mayor Date of Execution: Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 11 C:\O1d Drive\MIKES\Gen\Parks\Boyd Proper y\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC A. Settlement Statement U.S.Department of Housing OMB No.2502-0265 and Urban Development B.Type of Loan 1. 0 FHA 2. 0 Fnd1A 3. 0 Cony Unins 6.File Number 7.Loan Number 8.Mortgage Ins Case Number 4. ❑VA 5. 0 Cony Ins. 6. 0 Seller Finance 2232000421 C.Note: This form is fimiished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D.Name&Address of Borrower E.Name&Address of Seller F.Name&Address of Lender City of Wylie Anthony D.Boyd 2000 Highway 78 North 103 S.Ballard Wylie,TX 75098 Wylie,TX 75098 G.Property Location IL Settlement Agent Name LandAmerka Commonwealth Title of Dallas,Inc TELLERS FIRST ADDITION,Block 4,Lot 10,COLLIN County 15150 Preston Rd.,Ste.220 105 S.Jackson Ave S. Dallas,TX 75148 Tax ID:751368427 Wylie,TX 75098 Place of Settlement I.Settlement Date LandAmerlca Commonwealth Title;of Dallas,Inc 17/29/2005 108B West Marble Fund Wylie,TX 75098 J.Summary of Borrower's Transaction K.Summary of Seller's Transaction 100.Gross Amount Due from Borrower 400.Grass Amount Due to Seiler 101. Contract Sales Price S60,000.110 401. Contract Sales Price S60,000.00 102.Personal Property 402. Personal Property 103. Settlement Charges to borrower S582.58 403. 104. 404. 105. 405. Adjustments for items paid by seller In advance Adjustments for items paid by seller in advance 106.City property taxes 406.City property taxes 107.County property taxes 407. Comity property taxes 108.Annual assessments 408.Annual assessments 109. School property taxes 409. School property taxes 110. MUD taxes 410. MUD taxes 111. Other 411. Other 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120.Gross Amount Due From Borrower S60,582.58 420.Gross Amount Due to Seller S60,000.00 200.Amounts Paid By Or in Behalf Of Borrower 500.Reductions t Amount Due to Seller 201.Deposit or earnest money 501. Excess Deposit 202.Principal amount of new loan(s) 502. Settlement Charges to Seller(line 1400) S582.79 203. Existing loan(s)taken subject to 503.Existing Loan(s)Taken Subject to 204. Loan Amount 2nd Lien 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 2005 Taxes $700.54 207. 507. 208. 508. 209. 509. Adjustments for Items unpaid by seller Adjustments for items unpaid by seller 210.City property taxes 510. City property taxes 211. County property taxes 511. Comely property taxes 212.Annual assessments 512.Annual assessments 213. School property taxes 513. School property taxes 214. MUD taxes 514. MUD taxes 215. Other 515. Other 216. 516. 217. 517. 218. 518. 219. 519. 220.Total Paid By/For Borrower S0.00 520.Total Reduction Amount Due Seger $1,283.33 300.Cads At Settlement From/To Borrower 600.Cash At Settlement To/From Seller 301.Gross Amount due from borrower(line 120) S60,582.58 601.Gross Amount due to seller(line 420) S60,000.00 302.Less amounts paid by/for borrower(line 220) S0.00 602.Less reductions in amt.due seller(line 520) $1,283.33 303.Cash From Borrower S60,582.58 603.Cash To Seller S58,716.67 Section 5 of the Real Estate Settlement Procedures Act(RESPA)requires the Section 4(a)of RESPA mandates that HUD develop and prescribe this standard following: •HUD must develop a Special Information Booklet to help persons form to be used at the time of loan settlement to provide full disclosure of all borrowing money to finance the purchase of residential real estate to better charges imposed upon the borrower and seller.These are third party disclosures understand the nacre and costs of real estate settlement services; that are designed to provide the borrower with pertinent information during the •Each lender must provide the booklet to all applicants from whom it receives settlement process in order to be a better shopper. or for whom it prepares a written application to borrow money to finance the The Public Reporting Burden for this collection of information is estimated to purchase of residential real estate; •Lenders must prepare and distribute with average one hour per response,including the time for reviewing instructions the Booklet a Good Faith Estimate of the settlement costs that the borrower is searching existing data sources,gathering and maintaining the data needed,and likely to incur in connection with the settlement. These disclosures are completing and reviewing the collection of information. mandatory. This agency may not collect this information, and you are not required to complete this form,unless it displays a currently valid OMB control number. The information requested does not lend itself to confidentiality. Previous Editions are Obsolete Page 1 form HUD-1(3/86) Handbook 4305.2 File No.2232000421 L.Settlement Charges 700. Total Sales/Broker's Commission based on price S60,000.00 @% = 50.00 Paid From Paid From Division of Commission(line 700)as follows: Borrower's Seller's 701. to Funds at Funds at 702. to Settlement Settlement 703. Commission Paid at Settlement $0.00 $0.00 704.The following persons,firms or to 705.corporations received a portion to 706. of the real estate commission amount to 707. shown above: to 800. Items Payable In Connection with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804.Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application to 807.Assumption Fee to 900. Items Required by Lender To Be Paid in Advance 901. Interest from to @/day 902. Mortgage Ins Prem.for months to 903. Hazard Ins Prey for years to 904.Flood Insurance to 1000.Reserves Deposited With Lender 1001.Hazard insurance months @ per month 1002.Mortgage insurance months @ per month 1003.City property taxes months @ per month 1004.County property taxes months @ per month 1005.Annual assessments months @ per month 1006.School property taxes months @ per month 1007.MUD taxes months @ per month 1008.Other months @ per moth 1009. Flood Insurance 0 months @ 1011.Aggregate Adjustment 1100. Title Charges 1101.Settlement or Closing Fee to 1102.Abstract or Title Search to 1103.Title Examirmfion to 1104.Title Insurance Binder to 1105.Document Preparation to Newsom,Terry&Newsom,L.L.P. S50.00 S50.00 1106.Notary Fees to 1107.Attoney's Fees to (includes above items numbers: ) 1111111.1.111111.1.11 1108.Title Insurance to LandAmertca Commonwealth Title of S295.00 $295.00 (includes above items numbers: immure,sue 1109.Lender's coverage S0.00/$0.00. 1110.Owner's coverage S60,000.00/$590.00 1111.Escrow Fees to Newsom,Terry&Newsom,L.L.P. S200.00 S200.00 1112. State of Texas Policy Guaranty Fee to 7Ae Insurance Guarantyssociation $0.00 SL00 1113. to 1114. to 1115.Tax Certificates to Data Trace $23.58 S22.79 1116. Restrictions to 1117. Messenger/Express Mail to 1118. Copies to 1119. 60%of Title Premium to Newsom,Terry&Newsom,LLP. 1120. to 1200.Government Recording and Transfer Charges 1201. Recording Fees Deed S28.00 ;Mortgage ;Releases S14.00 S14.00 1202. City!County Tax/ Deed ;Mortgage to Stamps 1203. State Tax/Stamps Deed ;Mortgage to 1204. to 1300.Addilbml Settlement Charges 1301. Survey to 1302. Pest inspection to 1400.Total Settlement Charges(enter on lines 103,Suction J and 502,Section K) $582.58 $582.79 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a completed copy of pages 1,2 and 3 of this HUD-1 Settlement Statement. File No.2232000421 City of Wylie By John Mondy,Mayor Anthony D.Boyd SETTLEMENT AGENT CERTIFICATION The HL1D-1 Settlement Statement which I have preparedis a true and accurate account of this transaction. 1 have caused the funds to be disbursed in accordance with this statement. Settlement Agent Date Waning:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see:Title 18 U.S.Code Section 1001 and Section 1010. Previous Editions are Obsolete Page 3 form HUD-1(3186) Handbook 4305.2 Page 1 of 2 WVUE DEED THE STATE OF TEXAS § COUNTY OF COLLIN § NOW, THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That, Anthony D. Boyd of the County of Collin, State of Texas,hereinafter referred to as Grantors,whether one or more, for and in consideration of the sum of Ten Dollars($ 10.00)&other good and valuable consideration to Grantors in hand paid by the City of Wylie, receipt of which is hereby acknowledged, and for which no lien is retained,either expressed or implied,have this day Sold and by these presents do Grant,Bargain, Sell and Convey unto the City of Wylie all that certain tract or parcel of land lying and being situated in the County of Dallas, State of Texas, more particularly described in Exhibit"A,"which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT,HOWEVER,it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A"to wit: NONE TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Wylie and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Wylie and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF,this instrument is executed on this the day of , 2005. Anthony D. Boyd Acknowledgment State of Texas County of Collin This instrument was acknowledged before me on by Anthony D. Boyd Notary Public's Signature Page 2 of 2 EXHIBIT A Lot 10, Block 4, KELLER'S FIRST ADDITION, an addition to the City of Wylie, COLLIN County, Texas, according to the map or plat thereof recorded in Volume 29, Page 349, of the Map Records of Collin County Texas. CITY OF WYLIE Item No. 7 Staff Use only CITY COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No. #: Date Prepared: November 1, 2005 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-68 amending the fees, policies, and procedures of the Bart Peddicord Community Center. RECOMMENDED ACTION: Approval. SUMMARY: The Bart Peddicord Community Center was opened in 1997. The facility's rental fees have been the same since it opened. Staff has been encouraged to review all existing departmental fees and identify those that may need to be updated and/or revised. In August 2005, staff surveyed the cities of Plano, Allen, McKinney, Frisco, Carrollton, Cedar Hill, and the WISD and found that Wylie's Community Center rental fees were the lowest in the area. The hourly rental charge is currently$10 for residents, $15 for non-residents, and free for non-profit groups. Staff's intent in reviewing the fee is to present, for the Park Board and City Council's consideration, the concept of collecting revenue that at least covers the cost of staff time, building maintenance costs, and utility costs incurred during the rental period. At the regularly scheduled July 25, 2005 and October 24, 2005 Park Board meetings, the Park Board discussed the issue of modifying the fees for rental of the Community Center. Also, in a memo through the City Manager to Council, staff solicited Council's input for a revised fee schedule. Staff received comments from one Council member and incorporated those comments into a revised fee schedule for Park Board consideration at the October 24, 2005 meeting. At that meeting, the board took action to recommend the following to Council: • Establish the hourly rental fee schedule as $10 for all non-profit groups, $20 for residents, and $30 for non-residents; • Define non-resident status; • Formalize a policy that a $100 deposit is not required of non-profits except in the case of large events, such as large dinners or fundraising efforts; • Implement a minimum two-hour rental period for all reservations; and • Make January 1, 2006 the effective date for all fee and policy changes. APPROVED BY: Initial Date Department Director: MS \ 11/2/05 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-69 amending the fees,policies, and procedures of the Bart Peddicord Community Center. SUMMARY: (Continued) The board's reasoning for the above recommendations is as follows: • The input from Council suggested that the non-profit groups be divided into three categories. Category one is those non-profit groups that collect little or no money from their membership, i.e., Boy Scouts and Girl Scouts. Category two would be those religious organizations which receive free will offerings from their members. Category three includes local organizations which have a higher dues structure such as the Chamber of Commerce and related organizations. The input suggested that no hourly fee be applied to non-profit groups such as the Boy Scouts and Girl Scouts. The board felt that it would be hard to justify why the rental fee should not be applied equally to all non-profit groups. The board also recommends that all non-profit groups, including the Scouts, should make a$100 deposit when reserving the Community Center for large events. Currently, non-profits are charged a deposit for large events, but this practice has not been formally incorporated into the controlling ordinance. • The board recommends that a definition of a non-resident apply to all individuals that cannot produce a current City of Wylie utility bill and a matching picture identification card such as a driver's license or Texas ID card. • The board recommends a minimum rental period of two hours for all reservations. This is because even though a gathering may last only one hour, City personnel will be on site for approximately two hours. City personnel need to arrive prior to the scheduled event to open the building and make it ready for the patron, and they must remain on site after the event to properly inspect, secure, and close the building. • January 1, 2006 is the date recommended by the board as the date that these changes should become effective. • In addition, the board recommends that standing reservations continue to be allowed for all groups wishing to reserve the Community Center up to one year in advance. As an alternative to renting the Community Center, the City has other locations that can be made available at no charge to the Scouts. For instance, the Bluebonnet Room at the Library or the Staff Conference Room at City Hall can be used by the groups at no charge. Scouting groups often have small turnouts, between 10 and 15 people, for their regular meetings, and they can easily be accommodated at another location. City staff would still be made available at the alternate site to coordinate the event. This would allow the Community Center facility to remain available for revenue-generating reservations made by other entities or for revenue-generating recreational programs. 7 ORDINANCE NO. 2005-68 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, COMBINING AND AMENDING SECTION 20.00 (RENTAL FOR THE BART PEDDICORD COMMUNITY CENTER) OF ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has adopted Ordinance No. 98-16 (Consolidated Fees and Charges Ordinance), including certain fees for rental of the Bart Peddicord Community Center as Section 20.00; and WHEREAS, the City Council has determined it to be advantageous and beneficial to increase said fees due to rising cost of staff, comparability to other facilities and to ensure uniformity in the usage of the center. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16, Section 20.00 (Rental for the Bart Peddicord Community Center). Section 20.00 (Rental for the Bart Peddicord Community Center) of Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) is hereby amended to read as follows: SECTION 20.00 RENTAL FOR THE BART PEDDICORD COMMUNITY CENTER SERVICE RENTAL FEE DEPOSIT REQUIRED Non Profit Groups $10.00 per hour $100.00 (Large events only) Residents $20.00 per hour $100.00 Non Residents $30.00 per hour $100.00 POLICY IMPLEMENTATION Minimum number hours per rental 2 Cancellation Fees $50.00 within 10 days of rental date Standing Reservations Allowed up to one year in advance Resident Status Definition Current City of Wylie utility bill with picture ID Ordinance No.2005-68 Amending Ordinance 98-16 Page 1 401324v.1 Persons residing outside City of Wylie city limits Non Resident Status Definition or those not meeting resident definition Policy Effective Date January 1, 2006 SECTION 3: Savings/Repealing Clause. Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. 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 a sum not exceeding Five Hundred dollars ($500.00). 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 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 17th day of November 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—November 30,2005 Ordinance No.2005-68 Amending Ordinance 98-16 Page 2 401324v.1 Bart Peddicord Community Center Rental Fee Evaluation November 17, 2005 Overview of Issues • Reason for evaluation • Rental fees in other entities • Current Fee Structure • Recent Park Board action and City Council input • Staff options • Park Board recommendation • Alternatives Reason for Evaluation • Fees have not changed since 1997 when facility first opened — Non-profit groups: Free (838 hours) — Residents : $ 10/hour (417 hours) — Non-residents : $ 15/hour ( 116 . 5 hours) • Recapture staff and building costs — Staff cost: $ 10 .47/hour — Building cost: $2 .45/hour • Determine level of service delivery Rental in Other Entities Plano Allen McKinney Frisco Carrollton Cedar Hill WISD Wylie Non- $75 $60 No Policy $20 $75 $90 $ 100 $0 Profit Resident $75 $60 $40 $ 100 $75 $90 $ 100 $ 10 Non Resident $85 $80 $45 $ 120 N/A $90 N/A $ 15 Resident Deposit $0 $ 100 $ 100 $75 $ 100 $200 $500 $ 100 No Minimum 2 2 4 2 3 2 4 Hours Min _ Current Fee Structure Hours Building Total Staff Cost Used Cost Cost Non- 838 $8 , 774 $2 , 053 $ 10 , 827 profits Resident 417 $4 ,366 $ 1 , 022 $5 , 388 Non- 116 . 5 $ 1 , 220 $285 $ 1 , 505 resident Total 1 , 371 . 5 $ 14 , 360 $3 ,360 $ 17 , 720 Recent Park Board Action • July 2005 Recommendation — Non-profit groups : $20/hour (Currently Free) — Residents : $60/hour (Currently $ 10/hour) — Non-residents : $80/hour (Currently $ 15/hour) • Scheduled for August Council meeting , but was withdrawn . • Rescheduled for Park Board review - October 24 , 2005 City Council Input • Received comments from Council — Non-profit groups • Girl/Boy Scouts with low dues: no hourly charge • Religious groups collecting offerings: $ 10-$20/hour • Others with higher dues: $ 10-$20/hour • Non-profit fundraising : $30/hour — Residents : same rate as non-profits — Non-residents : no preference stated — Standing reservations should be allowed • Perhaps 90 — 180 days Staff Options - Hourly Rates One Two Three Four Five Six Non- 0 0 0 0 0 0 Profit A Non- Profit B 1 0 1 0 0 0 1 0 1 0 Non- 1 0 10 10 10 10 15 Profit C Resident 20 20 25 15 20 20 Non-Res. 35 30 40 25 25 25 Total 18,283 17,700 15,995 10,078 17, 118 17,573 Revenue Park Board Recommendation Option Two Staff Option Board Recommendation Non- Profit A 0 1 0 Non-Profit B 10 1 0 Non-Profit C 1 0 1 0 Resident 20 20 Non- Resident 30 30 Total Revenue $ 17 , 700 $20 ,215 Park Board Recommendation • Allow standing reservations • Minimum two-hour rental • Define non-resident status • $ 100 deposit for large non-profit events • January 1 , 2006 effective date • Review the fee policy as needed to address changing Community Center rental patterns Alternatives • Possible Actions — No change to existing fees — Modify Park Board recommendation — Accept Park Board recommendation — Develop alternate fee structure • Alternate free meeting sites for non-profits — Bluebonnet Room at Library — Staff conference room at City Hall — Allow Community Center to be a revenue-generating facility Summary • Fees not modified since 1997 • Lowest fees in area • Attempt to recover personnel and building- related costs — if desired • Recent Park Board action in July and October • Incorporated Council comments • Staff options • Park Board recommendations • Alternate meeting sites available CITY OF WYLIE Item No. 8. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: 10/27/05 Budgeted Amount: Exhibits: Proposed Rate Schedule AGENDA SUBJECT:Consider and act upon Ordinance No. 2005-69 adopting a new fee schedule for water deposits, cut-off fees meter installation and tap fees, provide for fines for meter tampering and repealing all conflicting ordinances. RECOMMENDED ACTION: The finance department recommends that City Council adopt the Ordinance. SUMMARY: Over the last couple months the finance department has been reviewing the fee structure of the utility billing department with a number of goals in mind. (1) Maintain water deposits to coinside with average residential monthly water consumtion (2) To reduce the number of cut-offs that are required each month (3) Review the actual cost of installing new water service (i.e. taps and meters) relative to the fees being charged. (4) Provide fines for tampering with meters or stealing water In response to each of these goals the finance department is recommending: (1)That water deposits be increased to coincide with the average water bill based on meter size. Meter Size Average Monthly Bill Recommended Deposit Additional Irrigation Meter 3/4 inch $71.00 $75.00 $50.00 1 inch $121.00 $125.00 $75.00 2 inch** $1,877.23 $225.00 $115.00 ** The 2 inch meter deposit would be prohibitive using average monthly consumption (2) That cut-off fees be increase to act as a deterrent. The city currently completes on average 300 meter cut-off each month or 3%per month. In City's and Water Supply Districts with higher cut-off fees the number of cut-offs are about .3 %. Our current policy to have cut-off fees based on cost rather than making the fees a APPROVED BY: Initial Date Department Director: LW \ 11/10/05 City Manager: 411.4 \ 1 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-69 adopting a new fee schedule for water deposits, cut-off fees meter installation and tap fees, provide for fines for meter tampering and repealing all conflicting ordinances. SUMMARY: (Continued) deterrent or punitive fee we believe has been a contributing factor in the high number of meter cut-offs experienced by our city. The finance department is recommending increasing the cut-off fee from $30.00 to $50.00. (3) That meter and connection fees be increased to cover current costs. The City's new radio read 3G meters are more expensive that the meters that were used prior to the replacement program ($163.00 for a 3/4 meter with firefly vs. $145.00). It is therefore necessary for the city to increase fees for new water service to coincide with the actual cost of installing the service. In conversations with Jack Jones, he is recommending the tapping fee minimum be raised from $750.00 to $1,550.00 not including the cost of the meter. Meter costs would approximate the City's actual cost of the meter depending on the size of the meter requested by the new customer. These costs are as follows: Reommended Old Price (1) 3/4 meter-$200.00 $163.00 (2) 1 inch meter—$250.00 $203.00 (3) 1 1/2 inch meter- $335.00 N/A (4) 2 inch meter-$430.00 $352.00 (5) 2 inch turbine meter—$525.00 N/A (4) That fees be initiated for tampering with water meters. The city experiences a number of incidents each month by a few customers trying to circumvent there meters by turning water meters on after cut-off, reversing meters, developers whose employees carry their own meter to be hooked up where ever and when ever they need water and other forms of water theft. No penalties are available except criminal charges to deter these practices. The finance department is recommending a$150.00 fine for tapering with a water meter and payment for the water estimated to have been used. 2 ORDINANCE NO. 2005-69 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SECTION 1.00 (WATER AND SEWER RATES AND FEES), SUBSECTION 1.01 (WATER AND SEWER SERVICE DEPOSIT), PARAGRAPH (d) OF SUBSECTION 1.06 (PAST DUE PENALTY; RESTORATION CHARGES), THE HEADING AND PARAGRAPHS (a) AND (b) OF SUBSECTION 1.10 (WATER AND SEWER TAP FEES), SUBSECTION 1.16 (METER TESTING FEE) AND ADDING SUBSECTION 1.17 (METER TAMPERING PENALTY) ESTABLISHING NEW WATER DEPOSIT AMOUNTS, METER AND WATER CONNECTION FEES, TAP FEES AND MAKING IT UNLAWFUL TO TAMPER WITH METERS AND ESTABLISHING A PENALTY THEREFOR; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas ("City") finds it necessary to raise water deposit amounts because of increases in the average monthly water bill, and WHEREAS, as a result of the increase cost of the new radio read meters and installation costs it is necessary for the City to increase the meter and water connection and tap fees, and WHEREAS, due to the of high number of cut-offs performed monthly it is necessary to raise the cut-off fee to act as a deterrent to non-payment, and WHEREAS, the City wishes to impose penalties to aid in reducing meter tampering, and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to adopt the amendments to Section 1.00 (Water and Sewer Rates and Fees) of Ordinance No. 98-16 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 1.01 (Water and sewer service deposit). Wylie Ordinance No. 98- 16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.01 (Water and sewer service deposit) is hereby amended to read as follows: Ordinance No.2005-69 Utility Billing Fee Ordinance Page 1 429438-v3 § 1.01 Water and sewer service deposit. Each water customer shall make a deposit to the City of Wylie for water service and sewerage service base on meter size requested in accordance with the following schedule: Meter Size (1) 3/4 inch meter domestic $75.00 (2) 3/4 meter irrigation with domestic account $50.00 (3) 3/4 inch irrigation meter without domestic account $125.00 (4) 1 inch meter domestic $125.00 (5) 1 meter irrigation with domestic account $75.00 (6) 1 inch irrigation meter without domestic account $200.00 (7) 2 inch meter domestic $225.00 (8) 2 meter irrigation with domestic account $115.00 (9) 2 inch irrigation meter without domestic account $340.00 (10) All sewer service deposits $20.00 SECTION 3: Amendment to Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Paragraph (d) Subsection 1.06 (Past due account penalty; restoration charges). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Paragraph (d) Subsection 1.06 is hereby amended to read as follows: (d) If it is necessary to terminate water service for nonpayment, a charge of$50.00 shall be paid prior to restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m., Central Time, on weekdays. At other times, the restoration charge shall be $65.00. SECTION 4: Amendment to Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Paragraphs (a) and (b) of Subsection 1.10 (Water and sewer tap fees) and the heading of Subsection 1.10. Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), the heading of Subsection 1.10 and paragraphs (a) and (b) of Subsection 1.10 are hereby amended to read as follows: Heading: § 1.10 Water and sewer meter and tap fees. Paragraphs (a) and (b): (a) Water meters prices: (1) 3/4 inch meter $165.00* (2) 1 inch meter $250.00* (3) 1 %2 inch meter $335.00* (3) 2 inch meter $352.00* * Plus $50.00 Installation (b)Water tap fees. (1) 1 inch meter(base fee) $1,550.00 (2) over 1 inch meter, total cost of materials & labor TBD Ordinance No.2005-69 Utility Billing Fee Ordinance Page 2 429438-v3 SECTION 5: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) to add Section 1.17 (Meter tampering fee). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.17 (Meter tampering fee) is hereby amended to read as follows: It shall be unlawful for any person to do, commit or assist in committing any of the following things or acts in the city: Remove any water meter that has been placed by the city, or changing, interfering with or tampering with any water meter in any manner; prevent water, by any means or devices, from passing through any meter connected directly or indirectly with the lines or mains of the city waterworks, whether sewer service customer only or both water and sewer; prevent a meter from registering the amount of water passing through such meter, or prevent or obstruct a meter from accurately registering the quantity of water supplied; or in any way interfere with a water meter's purpose, action or just registration; or whoever, without the consent in writing of the director of the water department diverts any water from any pipes, lines or mains of the waterworks, or otherwise uses or causes to be used any water produced or distributed by the waterworks, or retains possession thereof shall be fined one hundred and fifty dollars ($150.00) and pay for the water estimated by the city to have been used without proper metering. This fine is in addition to any criminal penalties that may be imposed by the city. The presence at any time on or about any meter, water lines or mains of the city, whether such meter, if any, is owned or operated by the city or others, of a pipe or any device or pipes resulting in the diversion of water or the prevention of its free passage and registration by any such meter, or resulting in the diversion from such meter, or resulting in the prevention of water reaching the meter, or resulting in the prevention of just registration of the meter or meters or resulting in the taking of any water except through a lawfully installed meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the room, building, place or premises where such device or pipe is located, of knowledge of the existence thereof and/or knowledge of such existence to the person who would be benefited by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person or persons to defraud and tamper with a meter, and shall bring such person prima facie within the scope, meaning and penalties of this section. This section shall not apply to employees or agents of the city when acting in their official capacity. SECTION 6: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: 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 Ordinance No.2005-69 Utility Billing Fee Ordinance Page 3 429438-v3 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. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 17th day of November, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-69 Utility Billing Fee Ordinance Page 4 429438-v3 CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: Support Services Prepared By: Mindy Manson Account Code No. #: Date Prepared: November 7, 2005 Budgeted Amount: Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-70 to amend the FY 2005-06 Budget to allow payment of invoices related to the construction of Alanis Boulevard within Phase V of the Twin Lakes Subdivision, in the amount of$45,267.82. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Prior to a September 2001 amendment, the Subdivision Regulations contained a provision stating that the City shall reimburse the property owner or developer for 100% of certain costs, one of which was listed as the cost of paving thoroughfares for the portion of the width of pavement exceeding 181/2 feet per side for divided thoroughfares. The regulations identified the procedures to be followed for participation, including the submittal of as-built drawings, the bids for construction, and final payments with quantities and unit costs. In September 2001, the portion of the Subdivision Regulations dealing with City participation and reimbursement was deleted; however, the Preliminary Plat for the Twin Lakes subdivision was processed and approved prior to that date. The request is for the portion of Alanis Boulevard located within Phase V, the final phase of the subdivision. The total cost of construction for the street was $142,003.50, with the City's portion being $45,267.82. Section 6.04. C. of the Subdivision Regulations,prior to amendment, stated: Requests exceeding funds available shall be scheduled for payment as a part of the next year's Capital Improvements Program, subject to available funding. However, all oversize participation shall be refunded no later than five years following the date of final acceptance of the public infrastructure improvements. Phase V of Twin Lakes was accepted by the City in 2004. APPROVED BY: Initial Date Department Director: MM \ 11-7-05 City Manager: Al R1 \ ji -f/—aS ORDINANCE NO. 2005-70 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $45,267.82 FOR THE PURPOSE OF REIMBURSING TWIN LAKE LP FOR THE CITY OF WYLIE'S SHARE OF THE CONSTRUCTION OF ALANIS BOULEVARD IN PHASE V, TWIN LAKES SUBDIVISION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of reimbursing Twin Lake LP for the City of Wylie's share of the construction of Alanis Boulevard in Phase V, Twin Lakes subdivision; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the reimbursement of Twin Lake LP for the City of Wylie's share of the construction of Alanis Boulevard in Phase V, Twin Lakes subdivision; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie and complies with the Subdivision Regulations at the time of approval of the Twin Lakes Subdivision; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That Forty-Five Thousand, Two Hundred and Sixty-Seven dollars and 82/100 ($45,267.82) may be expended during this fiscal year for the purpose of reimbursing Twin Lake LP for the City of Wylie's share of the construction of Alanis Boulevard in Phase V, Twin Lakes subdivision. Ordinance No. 2005-70 Twin Lakes—Alanis Reimbursement 1 SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30, 2005 Ordinance No. 2005-70 Twin Lakes—Alanis Reimbursement 2 CITY OF WYLIE Item No. 10 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17. 2005 Originating Department: Public Services Prepared By: Michael Sferra Account Code No.#: 112-5614-58150 Date Prepared: October 24, 2005 Budgeted Amount: $7.900.00 Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-71 to amend the FY 2005-06 budget in the amount of$7,900.00 for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. RECOMMENDED ACTION: Approval. SUMMARY: In the FY 2004-05 Park Division 4B budget, $7,900.00 in funds were budgeted in the Land Betterments line item (112-5614-58150) for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. However, as staff awaited formal approval for the sign installation from the Texas Department of Transportation (TxDOT), these funds were not carried over into the current FY 2005-06 budget. A purchase order was obtained in FY 2004-05, signs were selected, and a contractor was prepared to do the work. Documentation from TxDOT in the form of a Landscape Installation/Maintenance Agreement which would formally authorize the City to install the signs was not received until mid-October 2005. A separate action item requesting approval of the Landscape Installation/Maintenance Agreement is a subsequent item on the Council agenda. The funding for a similar welcome sign on FM 544 is currently budgeted in FY 2005-06 Park Division budget in line item 100-5511-54250. APPROVED BY: Initial Date Department Director: MS \ 10/25/05 City Manager: 1 ORDINANCE NO. 2005-71 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $7,900.00 FOR THE PURPOSE OF INSTALLING STONE MONUMENT WELCOME SIGNS ON STATE HIGHWAY 78 AND AT THE ENTRANCE TO HISTORIC DOWNTOWN WYLIE ON BALLARD AVENUE NEAR STATE HIGHWAY 78; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of installing stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the purpose of installing stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to Seven Thousand Nine Hundred and no/100 ($7,900.00) from the 4B Revenue Fund balance be allocated to the Land Betterments line item of the 4B Park Budget, and these funds may be expended over the next fiscal year for the purpose of installing stone monument welcome Ordinance No.2005-71 Amendment of FY 2005-2006 Budget(Stone Monument Welcome Signs) Page 1 signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News—November 30,2005 Ordinance No.2005-71 Amendment of FY 2005-2006 Budget(Stone Monument Welcome Signs) Page 2 CITY OF WYLIE Item No. 11 City Secretary's Use Only COUNCIL AGENDA ITEM Engineering Council Meeting Of: November 17. 2005 Originating Department: Prepared By: Chris Hoisted Account Code No.#: Date Prepared: November 3. 2005 Budgeted Amount: N/A Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-72 amending Chapter 42 of the Wylie Code of Ordinances by adding Article V,regulating grading, excavation and earthwork. RECOMMENDED ACTION: Approval SUMMARY: The proposed ordinance amends the Wylie Code to require a permit for performing grading, excavation and earthwork on property located within the City limits. Several property owners have recently placed fill that contained unsuitable fill material such as construction debris, blocked drainage ways and have not installed proper erosion protection. There are no previsions in the current code to regulate these activities. The proposed ordinance requires the property owner to obtain a permit from the City and provide an erosion control plan if the disturbed area is 5 acres or more. APPROVED BY: Initial Date Department Director: CH \ 11/3/05 City Manager: t `E' \ 1 ORDINANCE NO. 2005-72 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE CODE OF ORDINANCES ("CODE") BY ADDING ARTICLE V, REGULATING GRADING, EXCAVATION AND EARTHWORK, TO CHAPTER 42 OF THE CODE; 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 Code of Ordinances by adding Article V to Chapter 42, regulating grading, excavation and earthwork as provided herein; and WHEREAS, the City Council has determined that adoption of the regulations set forth herein is necessary to help control erosion and drainage and help prevent damage to property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENT TO WYLIE CODE OF ORDINANCES TO ADD ARTICLE V, REGULATING GRADING, EXCAVATION AND EARTHWORK, TO CHAPTER 42. The Wylie Code of Ordinances, Chapter 42 (Environment) is hereby amended to add the following Article V: CODE OF THE CITY OF WYLIE CHAPTER 42,ARTICLE V GRADING, EXCAVATION AND EARTHWORK Section 42-91 Applicability of article. The provisions of this article shall apply to all property owners, persons, or their agents filling, grading, excavating or otherwise disturbing the surface of real property within the city, whether they be contractors, subcontractors, supervisors, inspectors, managers, agents, employees or otherwise. Failure to comply with the requirements of this article shall constitute an offense, and each day such failure continues shall constitute a separate offense. Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 1 Section 42-92 Grading permit required for filling, grading, excavating or disturbing the surface of real property. No person shall fill, grade, excavate or otherwise disturb the surface of real property within the city without first having secured a grading permit, in accordance with this article, from the engineering department or other department as designated by the City Manager.No owner of real property shall knowingly permit another person to fill, grade, excavate or otherwise disturb the surface of real property within the city without first having secured a permit from the city engineer. In addition, if the property to be filled, graded, excavated or otherwise disturbed is within a flood hazard area, a development permit must be secured from the engineering department or other department as designated by the City Manager as required in the Code of Ordinances,City of Wylie Texas, Chapter 50, Section 50-53. Section 42-93 Duty of property owner to prevent dirt, mud, and debris from washing onto public streets,alleys,or other public property. It shall be unlawful and an offense and shall constitute a nuisance for any person owning or having control of real property within the city to suffer or permit soil, mud, rock or debris to wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility facilities, rights-of-way or easements. It shall be the duty of each property owner or party in control thereof to prevent soil, mud rock or debris from such real property being deposited or otherwise transported onto the streets, alleys, utility facilities, rights-of-way or easements of the city and to inspect such property and acquaint themselves with the conditions existing and to remedy any conditions likely or calculated to allow soil,mud,rock or debris to wash, slide, erode or otherwise be transported onto the streets, alleys, utility facilities, rights-of-way or easements and failure to do so shall be deemed criminal negligence for the purpose of the offense described herein. Section 42-94 Requirements for filling,grading,excavation,etc. The City Engineer shall prepare a list of allowable fill material. All filling shall only be done using allowable materials listed for fill. All fill placed on a site and visible from a public thoroughfare shall be leveled and have a final cover of topsoil, six(6) inches minimum depth,that will support vigorous plant growth, immediately following completion of filling operations. Intermediate leveling and cover shall be required at intervals not to exceed thirty (30) days for filling operations that will exceed thirty(30) days in duration. In areas where fill is being place to control erosion, the City Engineer may substitute an alternate cover that is resistant to erosion for the requirement to cover fill with topsoil. Section 42-95 Issuance of permits; refunds of deposits; forfeiture of deposits. (a) The engineering department or other department as designated by the City Manager shall issue permits for the grading, filling, excavation or otherwise disturbing the surface of real property upon satisfaction of the following criteria by the applicant: (1) Application provides adequate assurance that city will be reimbursed for any expense of cleaning or removal of dirt,rock, debris or other pollutants from city streets,alleys,utility facilities,rights-of-way and easements or the barricading thereof by the posting of a deposit of cash with the city to guarantee same. (2) The amount of such deposit shall be established by the city council from time to time and is hereby established as follows: Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 2 Area Amount One(1)acre or less $500.00 Minimum For one(1)acre&up $500.00+$100.00 for each additional acre (3) The applicant provides a notarized statement from the property owner giving permission for the applicant to fill,grade,excavate or otherwise disturb the property and acknowledgment by property owner of the responsibilities of the property owner as described in section 42-98 of this code. (4) Submission by the applicant of an erosion control plan for all work disturbing five (5)acres of land or more.This erosion control plan must be approved by the City Engineer prior to issuing the grading permit. (5) Submission by the applicant of a copy of an approved Texas Commission on Environmental Quality (TCEQ) Stormwater permit for all work disturbing five (5) acres of land or more. (b) If removal by the City of soil, rock, mud and debris from its streets, alleys, utility facilities, rights-of-way or easements is required by reason of work performed on property for which a deposit has been made pursuant to subsection (a), reasonable charges shall be billed to the applicant and subtracted from the balance of the applicant's deposit. (c) Upon written request by the applicant to the City Engineer the unused portion of the applicant's deposit shall be refunded if the following criteria is met; (1) The site for which the deposit exists has been stabilized against erosion; (2) No further hazard of erosion is present at the site; (3) All temporary erosion control structures have been removed; (4) Permanent erosion control facilities are in place and functioning properly as designed; and (5) The City Engineer or his designee has given written acceptance of public improvements. (d) An applicant who has submitted a written request for return of their deposit who meets The requirements of subsection(c) shall be refunded all funds not used to reimburse the city for the removal of soil, rock, mud and debris from its streets, alleys, utility facilities,rights-of-way or easements. Should an applicant fail to meet all requirements for a refund, the applicant's request will be rejected until such time as they are met. When the requirements have been met, the funds subject to refund will be sent first class mail to the address on the applicant's grading permit application or if such address had been updated pursuant to application instructions to the applicant's updated address. If the refund mailed to the applicant is returned by the United States Postal Service as undeliverable, the funds shall be forfeited to the City and placed in the general fund. (e) If a written request for return of a deposit is not made within two(2)years of the date the project on the property for which the deposit has been made receives written a acceptance from the City Engineer or his designee of the public improvements,the unused portion of the applicant's deposit shall be forfeited to the City and placed in Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 3 the general fund. (f) The City Engineer, or his/her designee, is hereby authorized to develop all forms, applications, permits, lists of allowable fill materials and other forms and materials necessary to carry out the intent of this Article. Section 42-96 Exceptions to the permit,permit fee and deposit. Construction, grading, filling or excavation undertaken by the City of Wylie, Wylie Independent School District, and churches shall be exempt from the deposit and permit fee as required by this article. Construction, grading, filling or excavation undertaken by franchised utility companies or utility companies that have the right to use city right-of-way pursuant to state law shall be exempt from the deposit and permit fee as required by this article. Section 42-97 Application and Permit Fee. A non-refundable fee of one hundred dollars($100.00) shall be charged for each application for a permit submitted to the City to cover administrative expenses. The refundable deposit established pursuant to Section 42-95(a)(2) shall be deposited with the City of Wylie upon issuance of the permit. Section 42-98 Owner's responsibility. The property owner shall be responsible for all cleanup operations incidental to the grading, filling, excavation, construction or other disturbance of the surface of real property including leveling, establishment of ground cover, erosion control and removal of all trash or other materials not suitable for fill including those deposit on streets, alleys, utility facilities, rights-of- way or easements. If the property owner fails in any respect to fulfill the requirement of this article, and such failure continues for more than seventy-two (72) hours after the City sends written notice of such failure to the address, fax or email address provided on the application,the city may go upon the owner's property and perform such work as may be necessary to fulfill such requirements and may level, establish ground cover, construct erosion control,remove all soil,rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights-of-way or easements, at the property owner's expense and charge same against the deposit of the applicant. If a deposit has not been made with the city, or if the cost incurred by the city exceeds the amount of deposit, the city shall bill the property owner for the unpaid expenses and if the owner fails to pay the city for such expenses within thirty(30) days of being billed for same, the city shall have the right to place a lien on the owner's property which shall be filed with the county clerk for all amounts expended by the city in excess of the deposit plus interest at the current lawful rate. Section 42-99 Penalties. Any person violating the provisions of this article or part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the city Code as set forth in Part II, Code of Ordinances, Chapter 1, General Provisions, Section 1-9 thereof, as the same now exists or is hereafter amended. Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 4 SECTION 3: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance, as it exists or may be amended by this or any other Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation 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 Code of Ordinances 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 17th day of November, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE ERHLICH City Secretary DATE OF PUBLICATION:November 30,2005 in the Wylie News Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 5 Ordinance#2005-72 Section 42.92,Article V,Grading,Excavation and Earthwork 6 Permit No. City of Wylie Application Owner's Statement of Permission and Responsibility I being the Owner of the property, or authorized representative of the entity that owns the property, described in the attached Grading Permit and being fully authorized to complete and execute this application, do hereby give permission to [insert name of person(s)or entity(s)that will perform the work]: to fill, grade, excavate, or otherwise disturb the described property. Further, I acknowledge and understand all of the responsibilities and obligations of the Property Owner as described in the City of Wylie Fill Material Request Form and the Code of Ordinances of the City of Wylie, Texas,and all of the provisions including the right of the City of Wylie to go upon the property to perform any requirements unfulfilled by me, at my sole cost and expense. SIGNED this day of DEPOSIT REQUIRED: When permit issued. By: $ ; 1st Acre $500 + $100 for each Signature Additional Acre(round up) Printed Name $100 APPLICATION FEE (NON- REFUNDABLE WHETHER PERMIT Title IS APPROVED OR DENIED) $ TOTAL AMOUNT DUE Company Projects by the City of Wylie,Wylie Independent School District(WISD)and Churches are Exempt from paying the Deposit and the Permit Fee. Mailing Address Mailing Address Telephone& Fax Numbers State of Texas County of Before me, the undersigned authority, on this day personally appeared the person whose name is subscribed to the forgoing Owner's Statement of Permission and Responsibility and acknowledged to me that he/she has the authority to execute the same for the Company named therein. GIVEN under my hand and official seal the day of Notary in and for the State of Texas City of Wylie: Date: Chris Hoisted, P.E. —City Engineer Permit No. GRADING PERMIT REFUND REQUEST CITY OF WYLIE PROJECT NAME: PLAT NAME: PROPERTY LOCATION: PROPERTY OWNER AMOUNT ON DEPOSIT $ Depending on the project the following requirements may need to be completed before the refund is processed: ❑ Submission by the applicant of a copy of a notice of termination(NOT)from the TCEQ to the City. ❑ All disturbed areas on the site are revegetated with a vigorous stand of grass or other ground cover. ❑ Permanent erosion control devices are no longer required and removed from site. ❑ No further hazard of erosion is present at the site. ❑ The City Engineer or his designee has given written acceptance of the public improvements. Upon determination by the City Engineer that no further hazard of erosion,silting,or debris being deposited on streets,alleys,utility facilities,rights-of-way or easement exists by reason of the condition of land for which a deposit is made,so much of such deposit that is not required to reimburse the City for the expense of removal of soil,mud,rock,and debris from its streets,alleys,utility facilities. rights-of-way or easements by reason of work performed on such land shall be refunded.The reasonable charge of such removal by the City shall be billed to permittee from time to time and subtracted from the balance of the deposit. Deposited By: Name Return Grading Permit Refund Request to: Title Grading Permit Refund Request Company City of Wylie Engineering Department Address Attn:Chris Hoisted,P.E.,City Engineer 2000 Highway 78 North Phone Wylie,TX 75098 In accordance with Ordinance No.XXXX,this is a written request for refund of Grading Permit Deposit for Grading Permit Date of Request: Signature of Requester: Printed Name: Company Name: Mailing Address City,State,Zip Comments: LIST OF ALLOWABLE FILL MATERIALS FILL IN AREAS ZONED FOR COMMERCIAL USE(excluding ROW or Easements): Clean soil, clay, shale gravel or sands. Broken concrete pavement, if the maximum particle size is 4"in diameter and all reinforcing steel is removed. FILL IN AREAS ZONED FOR RESIDENTAL DEVELOPMENT (excluding ROW or Easements): Clean soil, clay, shale,gravel or sands. All fill on residential lots and pads shall be compacted to a minimum of 92%of standard proctor (ASTM D-698)with optimum moisture content of 0%to+6%. Compaction shall be placed in maximum of 12"loose lifts and shall be compacted with sheep's foot vibratory roller. FILL IN AREAS THAT ARE OR MAY BECOME CITY RIGHT-OF-WAY OR EASEMENT. Clean soil, clay, shale,gravel or sands. Under existing paving, fill material shall be crushed concrete roadbase. Type and gradation must be approved by the City Engineer. All fill within City right-of-way or easements shall be compacted to a minimum 95%of standard proctor(ASTM D-698)with optimum moisture content of 0%to+6%. Compaction shall be placed with a maximum of 6"loose lifts and shall be compacted with sheep's foot vibratory roller. TEST REPORTS Compaction tests shall be preformed by an approved testing laboratory and reports shall be submitted to the City of Wylie Engineering Department. MATERIALS UNSUITABEL FOR FILL: The following materials are unsuitable for fill due to their high potential for settlement, decomposition, or other unsatisfactory engineering properties: Trash or debris of any kind. Any soil or debris that has a high organic content, such as pond silt,topsoil with roots,wood chips, brush or tree limbs, etc... Topsoil may be used in landscaping areas when there is an approved site plan that details the location of future paving and structures and landscape areas. Broken concrete pavement, if the particle size is greater than 4"in diameter or if there is any reinforcing steel. Reinforcing steel or other steel products. Asphaltic materials. Bricks Note: Per the Texas Administrative Code, Title 30 Environmental Quality, Chapter 330 "Municipal Solid Waste"—the use of asphalt materials and concrete containing reinforcing steel for fill is not permitted. CITY OF WYLIE Item No. 12. City Secretary's Use Only COUNCIL AGENDA ITEM November 17, 2005 Police Department Council Meeting Of: Originating Department: Prepared By: Jeff Butters Account Code No. #: Date Prepared: October 21, 2005 Budgeted Amount: NA Exhibits: Area Drawing, Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-73 prohibiting the parking of a vehicle along the east side of W.A. Allen Blvd. from the intersection of W.A. Allen Blvd. and Springwood Lane south to the intersection of W.A. Allen Blvd. and Heatherwood Drive, located in Wylie, Texas; and establishing an offense, and providing for a penalty for the violation of this Ordinance. RECOMMENDED ACTION:Approve the proposed ordinance. SUMMARY: The proposed ordinance will create a no parking zone on the east side of W.A. Allen from Springwood to Heatherwood. The problem that has arisen this school year, is that some parents are parking on W.A. Allen between Springwood and Heatherwood and waiting for their children to walk to their car. This practice is to avoid driving in front of the school and waiting in line. Other parents pull to the left and get in line to turn left and drive up to the school and pick up their children. With the line formed to turn left and the parked cars, there is no room for thru traffic. See attached drawing. There are no houses fronting W.A. Allen in this area so the no parking will not pose a problem for people living in the neighborhood. I have never observed a car parked in this area other than during school pick-up and drop-off times. APPROVED BY: Initial Date Department Director: JB \ 10/21/05 City Manager: F J4 ! \ ii 1 ORDINANCE NO. 2005-73 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG THE EAST SIDE OF W.A. ALLEN BLVD. FROM THE INTERSECTION OF W.A. ALLEN BLVD. AND SPRINGWOOD LANE SOUTH TO THE INTERSECTION OF W.A.ALLEN BLVD.AND HEATHERWOOD DRIVE,LOCATED IN WYLIE,TEXAS AND ESTABLISHING AN OFFENSE;PROVIDING FORA 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 (ACity Council_) under the authority of 33542.202 and 545.302 of the Transportation Code,has investigated and determined that it is in the best interest of the City of Wylie, Texas (AWylie ) to prohibit the parking of a vehicle along portions of W. A. Allen Blvd. located in Wylie; and WHEREAS,the City Council further finds that in accordance with 33542.202 and 545.302 of the Transportation Code,it is a reasonable exercise of its police power to prohibit the parking of a vehicle along portions of W. A. Allen Blvd. located in Wylie as set forth below; and WHEREAS,the City Council further finds that parking along portions of W.A.Allen Blvd. located in Wylie as set forth below,is dangerous to,and unduly interferes with,the free movement of traffic along W. A. Allen Blvd.; and WHEREAS, the City Council of the City of Wylie, Texas (ACity Council=) under the authority of 33542.202 and 545.302 of the Transportation Code,has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare to prohibit the parking of a vehicle along portions of W. A. Allen Blvd., located in Wylie as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. For purposes of this Ordinance,the terms below shall have the following meanings: Parking or park means to stand, halt or locate an occupied or unoccupied vehicle, other than temporarily while actively loading or unloading passengers or property. Vehicle means a device that can be used to transport or draw persons and/or property on a highway or Ordinance No. 2005-73 No Parking(W.A.Allen)Ordinance Page 1 street, including but not limited to a car, truck, trailer, truck tractor or motorcycle. SECTION 3: NO PARKING ZONE AND OFFENSE ESTABLISHED. No parking of a vehicle shall occur along the east side of W. A. Allen Blvd. from the intersection of W. A. Allen Blvd. and Springwood Lane south to the intersection of W. A.Allen Blvd. and Heatherwood Drive (ANo Parking Zone_). A person commits an offense by violating any provision of this Ordinance. SECTION 4: SIGNS. The City Manager, or his/her designee, shall be responsible for installing sings and/or markings to properly notify the public of the location of the No Parking Zone. SECTION 5: ENFORCEMENT: The No Parking Zone provided herein shall in no way be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives,is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the No Parking Zone at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the No Parking Zone pursuant to this Ordinance and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 6: 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 7: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars($500.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. Ordinance No. 2005-73 No Parking(W.A.Allen)Ordinance Page 2 PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 17t1 day of November, 2005. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Dates to be published in The Wylie News—November 30,2005 Ordinance No.2005-73 No Parking(W.A.Allen)Ordinance Page 3 5rr')ls doss- .."••4.!11 400" - w.v314 V `...• 2 • 4 a d A •0001 191.+‘y. V We1.3 NH*d CITY OF WYLIE Item No. 13 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 7, 2005 Budgeted Amount: Exhibits: Five AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-74 amending Ordinance No. 2005-41 which approving an appropriation of funds for a Secretary I position in the City Manager's Office; providing for repealing, savings and severability clauses; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: The City Manager's Office, with its increased workload, needs a second secretarial position. The new position, entitled Secretary I, is proposed to handle a shift in general public contact (general receptionist duties) from the City Secretary's Office to the City Manager's Office (see attached memorandum from the City Secretary). In addition, the new position is proposed to assist the Executive Director for the Wylie Economic Development Corporation as well as the City Manager's staff. The proposed cost to fund the new position, for the remainder of this fiscal year, is estimated at $39,000, which includes salary, benefits and indirect costs (see attached documentation). To offset part of this expenditure, the City has entered into an agreement with the WEDC, which calls for them to pay the City for secretarial assistance at $12,000 per annum (with FY 2005/2006 to be $2,000 to cover the cost of their earlier participation in the City's Facilities Study). APPROVED BY: Initial Date Department Director: \ City Manager: M \ /!-/l-I)1 ORDINANCE NO. 2005-74 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (FY 2005-2006 ANNUAL BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS FOR A SECRETARY I POSITION IN THE CITY MANAGER'S OFFICE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget adopted by Ordinance No. 2005-41 for the purpose of adding an additional staff person in the City Manager's Office to assist the general public, to assist the City Manager's staff and the Executive Director for the Wylie Economic Development Corporation; and WHEREAS, the City Council has further investigated and determined that the appropriation is needed as a result of the increased volume of work in the City Manager's Office as well as with the Wylie Economic Development Corporation(WEDC); and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers a public purpose; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget adopted by Ordinance No. 2005-41 for the purpose of adding an additional staff person in the City Manager's Office to assist the general public, to assist the City Manager's staff and Executive Director for the Wylie Economic Development Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (FY 2005-2006 Annual Budget). Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) is hereby amended to allow for the following appropriation: $37,000 for the establishment of a Secretary I position in the City Manager's Office. 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 Ordinance No.2005-74 Amending Ordinance No. 2005-41 Apprioriation of Funds—Secretary I Position 1 pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 17th day of November, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2005-74 Amending Ordinance No.2005-41 Apprioriation of Funds—Secretary I Position 2 From the Desk,of Carole Ehrlich, 514-C City Secretary Office Memo To: Mark B.Roath Front Carole Ehrlich,TRMC ) CC: Date: November 7,2005 Re: Secretary 1 Position Mark, It has been brought to my attention that you are seeking to create a new position of Secretary 1 for your office to assist the WEDC Director for clerical duties as well as general administrative duties including transferring the main city lines from the City Secretary's Office to this new position. At the current time, our office answers an average of 650-750 calls per week. The largest percentage of these calls are for other departments. Our office is small with only two employees, which places a large additional workflow to answering these calls properly and refer them to the proper person. It would be an asset to us to have this new position filled. We spend at least 30% of every work day just answering calls to be redirected. Our office could run with greater efficiency if we could dedicate our work time to those issues concerning the City Secretary's Office. Regards, Carole Ehrlich,TRMC 1 EXPANDED LEVEL OF SERVICE FORM RANK 1 OF 1 PROGRAM TITLE: Secretary 1 DEPARTMENT: City Manager 5112 If Personnel changes are a component of the request,please complete the following: New personnel? 1 Yes ( No Level(Salary Grade) 8N New personnel? Yes No Level(Salary Grade) Change Level of current personnel? From N/A To N/A Change Level of current personnel? From To PURPOSE/OBJECTIVE OF REQUEST: Request Secretary 1 position for City Manager office. -Under supervision performs administrative secretarial work requiring specialized knowledge of administrative management and familiarity with functions of the assigned department. NOTE:Finance will calculate personnel costs from the 51000 cost category series. Use the box below to reflect apparel,office furniture,tools,equipment,etc. ACCOUNT NO. DESCRIPTION AMOUNT 5112 52130 0 Tools and Equipment-(>$100)new position 200 5112 58810 0 Computer Hardware 2,000 5112 58830 0 Furniture and Fixtures-Desk,Chair 700 5112 56210 Travel and Training 500 TOTAL 3,400 PERSONNEL COST: AMOUNT Direct Compensation Starting Dec.1 43.5 weeks 22,660 Other Compensation Retirement 1,980 Insurance and Other Benefits 10,960 TOTAL EXPENDITURES FROM 51000 SERIES 35,600 TOTAL EXPENDITURES FROM 52000-58000 SERIES 3,400 TOTAL 39,000 October 25, 2005 Mr. Mark B. Roath City Manager Dear Mark, I have enjoyed working for the City of Wylie for the past two years, and appreciate the opportunities you have given me during your tenure with the City. As Wylie continues to grow,I know your leadership will benefit the citizens. However, I have accepted another position, and my last day with the City will be Friday, November 4, 2005. This will give me time to complete my outstanding projects; also, it will provide you the opportunity to select a candidate or a temporary worker for me to train in the interim. I believe that with the level of current work, and as Wylie continues to make changes, take on new projects, and grow into a larger city, there is definite need for an additional administrative assistant in the City Manager's Office. For the benefit of everyone in the office and to prevent the quality of work from suffering, another person should be added soon to help support you, the WEDC, and possibly the PIO. The three positions generate enough work to justify having two support personnel. Again, I want to thank you for all that you have done for me, for your encouragement, and your guidance. I hope we keep in touch, because your honesty and work ethic are inspiring. Sincerely, Brandy Brooks cc: Lynn Fagerstrom, Human Resources Manager JOB DESCRIPTION: Secretary 1 City of Wylie JOB TITLE: Secretary 1 DEPARTMENT: Various ,g, PAY GRADE: 8N � a t EXEMPT: N FULL-TIME: Y JOB SUMMARY: Under supervision performs administrative secretarial work requiring knowledge of administrative management and familiarity with functions of the assigned department. ESSENTIAL JOB FUNCTIONS: • Performs administrative secretarial duties for an assigned department requiring good administrative skills, considerable discretion and confidentiality. • Prioritize workload effectively. • Assist public in person or by telephone, with questions requiring knowledge of policies and procedures. • Write legibly when taking messages, screen calls with tact and courtesy. • Schedule meetings; coordinate special meetings and/or events, take minutes at meetings and/or transcribe dictation. • Prepare correspondence and various reports and/or documents for general distribution. • Make travel arrangements. • Create, maintain or search files connected with the assigned department. • Perform and strive for excellence in public service, enhancing the quality of life for all. • Act in a civil, respectful manner at all times to management, co-workers and others. • Other duties as may be assigned. REQUIRED EXPERIENCE, KNOWLEDGE, SKILLS & ABILITIES: Two years experience as an administrative secretary. Good computer skills to include spreadsheet and reporting capabilities. Understand and apply modern office methods, filing and researching skills, good grammar and spelling skills, good writing and composition skills and excellent public relations skills. Ability to effectively interact with all levels of co-workers, management staff, citizens and the general public. Ability to work overtime as needed. Ability to maintain an acceptable attendance history. Ability to pass a pre-employment drug screening test, physical and criminal background check. REQUIRED EDUCATION, TRAINING, LICENSES & CERTIFICATIONS: High School Diploma or equivalent. Advanced training in secretarial functions, desktop publishing software, word-processing and spreadsheet software a plus. PHYSICAL STRENGTH REQUIRED: LOW: Exerting up to 20 pounds occasionally, 10 pounds frequently, or negligible amounts constantly or requires walking or standing to a significant degree. PHYSICAL ACTIVITIES REQUIRED: Standing Sitting Walking Lifting Carrying Pushing/Pulling Reaching Handling Fine Dexterity Bending Twisting Vision Hearing Talking PRIMARY WORK ENVIRONMENT: Indoors SHIFT WORK: N CALL-OUT: N Page 2 of 2 - Secretary 1 This description is not meant to be all-inclusive of tasks that may be required to be performed on an irregular basis; nor is it intended to be an exhaustive list of all duties and skills that may be required. This job description may change at any time,for any reason,deemed necessary by management. CITY OF WYLIE Item No. 14 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: November 17, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: October 24, 2005 Budgeted Amount: N/A Exhibits: CCAD Request AGENDA SUBJECT: Consider and act upon Resolution #2005-34(R) casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. RECOMMENDED ACTION: SUMMARY: The City of Wylie has 38 votes that they may cast for the Board of Directors of the Central Appraisal District for 2006 through 2008. All votes may be cast for one candidate or distributed among any number of the nominees. Attached is the list of nominations submitted by cities and school districts within Collin County. The vote must be submitted to the Chief Appraiser before December 15, 2005. Section 6.03 (g) of the State Property Tax Code requires that the action be taken by resolution. APPROVED BY: Initial Date Department Director: CE \ 10/24/05 City Manager: ( \ 1 RESOLUTION NO. 2005-34(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later December 15, 2005, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1: The Wylie City Council casts their 38 votes for: Michael Ashby Joe Olk Ronald Carlisle Scott Shuppert Dwayne Elledge Dr. Leo Fitzgerald Clyde Geer Wayne Mayo Gary Rodenbaugh Roy Wilshire SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS 17TH DAY OF NOVEMBER, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-34 Casting Ballot for Board of Directors Central Appraisal District of Collin County Collin Central Appraisal District October 19, 2005 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Ehrlich: Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before December 15, 2005. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, 41( Jimmie C. Honea Chief Appraiser JCH/mlr Enclosure 2006-2008 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by Frisco ISD and McKinney ISD. DWAYNE ELLEDGE Nominated by the City of Murphy. DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by Plano ISD and McKinney ISD. CLYDE GEER Nominated by the City of McKinney. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson and McKinney ISD. JIM OLK Nominated by the City of Lucas. GARY RODENBAUGH Is a current board member and has served since 1/01. Nominated by the City of Allen, Allen ISD, and McKinney ISD. SCOTT SHUPPERT Nominated by the City of Celina. ROY WILSHIRE Is a current board member and has served since 01/03. Nominated by the City of Plano and McKinney ISD. lor A 1p Collin Central Appraisal District OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 38 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. RONALD CARLISLE VOTES DWAYNE ELLEDGE VOTES DR. LEO FITZGERALD VOTES CLYDE GEER VOTES WAYNE MAYO VOTES JIM OLK VOTES GARY RODENBAUGH VOTES SCOTT SHUPPERT VOTES ROY WILSHIRE VOTES 9aefeePoze 62. ill(C3,4 ....,, OCTOBER 19, 2005 Jimmie C. Honea, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 2404 K Avenue, Plano, Texas 75074-5911, before December 15, 2005. it _ ,,. Collin Central Appraisal District November 30, 2005 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Ehrlich: The final tabulated results for the five (5) Board of Directors positions for the Central Appraisal District of Collin County are complete. The terms for the newly elected members begin January 1, 2006 through December 31, 2007. The official members of the Board of Directors for the Central Appraisal District for 2006- 2007 are as follows: Ronald Carlisle, Dr. Leo Fitzgerald, Wayne Mayo, Gary Rodenbaugh and Roy Wilshire. Collin County Tax Assessor/Collector, Kenneth Maun will also be serving as a non-voting member. Sincerely, ( i, . 7/ 2 "iimmie C. Honea Chief Appraiser JCH/mlr www.collincad.org 2404 K Avenue Metro 972-578-5200 Admin Fax 972-578-0733 Plano,Texas 75074-5911 McKinney 972-562-1404 Appraisal Fax 972-578-0933 ft a Collin Central Appraisal District November 30, 2005 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Ehrlich: The final tabulated results for the five (5) Board of Directors positions for the Central Appraisal District of Collin County are complete. The terms for the newly elected members begin January 1, 2006 through December 31, 2007. The official members of the Board of Directors for the Central Appraisal District for 2006- 2007 are as follows: Ronald Carlisle, Dr. Leo Fitzgerald, Wayne Mayo, Gary Rodenbaugh and Roy Wilshire. Collin County Tax Assessor/Collector, Kenneth Maun will also be serving as a non-voting member. Sincerely, timmie C. Honea Chief Appraiser JCH/mIr www.collincad.org 2404 K Avenue Metro 972-578-5200 Admin Fax 972-578-0733 Plano,Texas 75074-5911 McKinney 972-562-1404 Appraisal Fax 972-578-0933