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07-08-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda July 8, 2008 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to Outgoing 2007-2008 Boards and Commission Members. (E. Hogue, Mayor) July 8,2008 Wylie City Council Regular Meeting Agenda Page 2 of 4 ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the June 24, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2008. (S. Satterwhite, Executive Director, WEDC) C. Consider, and act upon, a Replat for American National Bank Addition #2, Block A, Lot 1. Subject property being generally located on the northwest corner of FM 544 and Westgate. (R. 011ie, Planning Director) REGULAR AGENDA EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: • Issues relating to the adoption of new sign regulations. (M. Manson, City Manager) RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. July 8,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 Public Hearing Tabled item from June 10,2008 1. (MOTION TO REMOVE FROM TABLE)Hold a Public Hearing, consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008-07 (R. 011ie, Planning Director) Executive Summary In an effort to create a consistent and concise sign ordinance, and ensure that proper and effective directions are portrayed to residents and visitors, and to prohibit the uncontrolled proliferation of signs Staff is recommending amendments to the current sign ordinance. These revisions will protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians,obstacles, other vehicles,and traffic signs. Adopting the proposed revisions to the Sign Ordinance would provide a tool to eliminate clutter of bandit type signs in the public rights-of-way and have a more uniform design throughout the city. General Business 2. Consider, and act upon, Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the City until they are needed on the Job Site. (L. Williamson, Finance Director) Executive Summary The City of Wylie has received a proposal from Millennium Tiles that would allow the City to pre-purchase metal shingles that are needed on the new Library, City Hall and Recreation Center projects at a substantial discount( $9.30/per tile vs. $12.60/per tile). In return, the City would be required to purchase the tiles up front. This represents a savings of$66,000. 3. Consider, and act upon, recommendations of appointment of a member to the NCTCOG Regional Transportation Council(RTC). (M. Manson, City Manager) Executive Summary Attached is correspondence from the NCTCOG regarding the Regional Transportation Council (RTC) for the Dallas-Fort worth Metropolitan Area. The Council (RTC) is composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management System,and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the RTC is either by direct membership or group representation. Currently John Murphy, Councilmember, City of Richardson has represented our member group since 1993. There is no indication from Mr.Murphy that he would decline serving again. 4. Consider, and act upon, Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the Purchasing Agent as the City's representative. (J. Butters, Assistant City Manager) July 8,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary Cities Aggregation Power Project, Inc. (CAPP) was created in 2001 as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower, more stable rates through bulk purchasing. Aggregation is the legal term used to describe this cooperative group purchasing of electricity. CAPP membership is open to any political subdivision and the group currently has over 100 members,including most of the municipalities in North Central Texas. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Purchase of Right-Of-Way for property generally located at McCreary Road and F.M. 544 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certifi that this Notice of Meeting was posted on this 3rd day of July 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 24, 2008 — 6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilwoman Kathy Spillyards was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Police Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Wylie Mayor William Martin gave the invocation. Mayor Martin explained to those in attendance what the City was like during his term in 1976-1977. He thanked both the current City Council and Mayor and all previous Council members for the service they provided to make Wylie the City it is today. Martin served on the Wylie City Council from 1967 to 1983 for various terms. Police Chief Duscio led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address City Council during Citizen Participation CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the June 10, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) Minutes—June 24, 2008 Wylie City Council Page 1 B. Consider, and act upon, Ordinance No. 2008-30 amending Zoning Ordinance No. 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. ZC 2008- 06 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-21(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Founders Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8.556 square feet of property located on FM 1378. (C. Holsted, City Engineer) E. Consider, and act upon, Resolution No. 2008-23(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 12,920 square feet of property located on FM 1378. (C. Holsted, City Engineer) F. Consider, and act upon, Resolution No. 2008-24(R) amending Resolution No. 2007- 31(R), increasing the City of Wylie Municipal Court Judge monthly stipend of service. (J. Butters, Assistant City Manager) G. Consider, and act upon, a Preliminary Plat creating six Light Industrial lots for Regency Business Park Phase III , generally located at the east end of Capital Street. (R. 011ie, Planning Director) H. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending May 31, 2008. (L. Williamson, Finance Director) Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to pull Item D from the Consent Agenda and consider individually. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Consent Agenda Items A, B, C, E, F, G, and H as presented. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. REGULAR AGENDA D. Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8.556 square feet of property located on FM 1378. (C. Holsted, City Engineer) Staff Discussion City Manager Manson noted that the posting for this item had a typographical error. She wished to clarify that the property described in Resolution No. 2008-22(R) was 8,556 square feet of property located on FM 1378. Minutes—June 24, 2008 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to approve Resolution No. 2008-22(R) acknowledging consent to the acquisition by purchase or condemnation, of approximately 8,556 square feet of property located on FM 1378. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. General Business 1. Consider, and act upon, appointment(s) to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (M. Manson, City Manager) Staff/Council Discussion Mayor Hogue addressed Council stating that in conversations with the Wylie Independent School District, the school board subcommittee members had been revamped to include some new trustees who have never served on the WISD City/Schools Partnerships Committee. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The new subcommittee for WISD will include Ronni Fetzer, Chair, Stacie Gooch, trustee, and Lance Goff, trustee. Mayor Hogue noted that he would like to see all council members have an opportunity to serve on this partnership subcommittee. He reported that he had been contacted by both current subcommittee member Rick White and Councilwoman Spillyards who both indicated a desire to serve on the subcommittee for the coming term. He asked if there were any other council members who had a desire to serve on this subcommittee. Councilman Goss stated that he had served on this committee for the past year and if it was the council's pleasure, he would be happy to continue his service. Mayor Hogue also indicated a desire to serve on the subcommittee. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to appoint Mayor Eric Hogue, Councilman Rick White, and Councilwoman Kathy Spillyards to the Wylie Independent School District City/Schools Partnerships Committee. A vote was taken and passed 5-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman Porter, Councilman White and Councilman Young voting for and Councilman Goss voting against. Councilwoman Spillyards was absent. 2. Consider, and act upon, Ordinance No. 2008-31 repealing Ordinance Nos. 1987-5 and 2004-15; amending Chapter 74 (Offenses and Miscellaneous Provisions), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks or push carts. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that staff has received numerous complaints concerning the sale of BB guns, Air soft Guns, and Replica guns from Ice Cream Trucks, and Mobile Food Vending Trucks. The obvious concern is that these items are being sold to minor children without parental consent or knowledge. This ordinance will prohibit the sale of these items from this type of venue. Minutes—June 24, 2008 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-31 repealing Ordinance No's. 1987-5 and 2004-15; amending Chapter 74 (Offenses and Miscellaneous Provisions), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks or push carts. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 3. Consider, and act upon, the recommendations of the 2008 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2008. (C. Ehrlich, City Secretary) Staff/Panel Comments Mayor Hogue reported that the Boards and Commission interview panel included Mayor Pro Tem Byboth, Councilman Rick White and Councilwoman Kathy Spillyards. He asked panel chair Mayor Pro Tern Byboth to report the recommendations of the 2008 Boards and Commission Interview Panel. Mayor Pro Tern Byboth reported that 59 applicants had been interviewed for positions on the various boards for new appointments and re-appointments. He noted that there was a tremendous amount of talent within the applicants interviewed. He explained that the panel had a very difficult time in the selection process. He noted that it was the panel's desire in the future to research the idea of expanding some of the boards to allow more qualified applicants to serve. He also suggested that more boards be created to address issues such as senior citizens, technology, and a marketing related board or committee. He reported that large amounts of talent in these areas were found within the applicants interviewed. He explained that it was very frustrating to have so many qualified applicants and not have a position to appoint them to. Mayor Pro Tern Byboth then made the recommendations for the 2008 Boards and Commission positions: Animal Advisory Board: Chuck Kerin and Heather Screws, re-appointments; Beverly Woodall, new appointment. Construction Code Board: Ronald Hauck, re-appointment; Brian Paten and Jeffrey Katzman, new appointments. Library Board: Lucy Shriver, Grace Morrison, Junaid Najamuddin, re-appointments; and Courtney Gober, replacing Jim Griffin. Parks & Recreation Board: Donna Larson, Anne Hiney, Benny Jones, and David Willey, re- appointments. Parks & Recreation 4B Board: Merrill Young and Rick White, re-appointments; and Eric Hogue (vacancy Mayor). Planning & Zoning Commission: Willie Osborne, Dennis Larson, and Phillip Johnston, re-appointments; and John Manganilla, new appointment. Zoning Board of Adjustments: Marilyn Herrera, Karyn McGinnis, and Jeff Ellis, re-appointments; and William Baumbach, formerly a ZBOA alternate; and recommend David Dahl to be the new alternate, replacing William Baumbach. Minutes—June 24, 2008 Wylie City Council Page 4 Public Arts Advisory Board: Polly Harrison, Kathy Spillyards, Stewart Matthews, re-appointments; and Erin Dougherty, filling a vacancy. Wylie Economic Development Board: Merrill Young, re-appointment(to realign staged terms). Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to appoint the 2008 Boards and Commission members to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments, as recommended for terms beginning July 1, 2008 and ending June 30, 2010.. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read captions to Ordinance No.'s 2008-30 and 2008-31 into the official record. Mayor Hogue recessed into Work Session at 6:29 p.m. WORK SESSION • Discussion and possible action regarding the Solid Waste & Recycling Contract. (J. Butters, Assistant City Manager) Mayor Hogue reported that he and Mayor Pro Tern Byboth had met with all vendors who submitted bids for the Solid Waste Services Request for Proposals and asked questions regarding their services. He reported that Councilwoman Spillyards had sent communication asking that the Council consider using any reimbursement revenue from recycling to maintain the City of Wylie medians which currently do not have funds budgeted. Assistant City Manager Butters addressed Council stating that feedback had been collected from staff regarding current services by Allied Waste. He reported that staff had made their comments at the aforementioned meeting in regard to current service levels. He explained that Community Waste Disposal L.P. had been recommended by the Solid Waste Sub-committee as the bid of choice to be recommended to the full City Council. He reported during the vendor meeting on Friday, he and other attendees, including sub- committee members were very impressed with IESI. He noted that IESI's office was a bit closer in proximity to the City of Wylie than CWD. He explained that the cost difference between CWD and IESI was approximately $653,000 with IESI being the higher bidder. He reported that both service companies had received very high recommendations from cities they currently served. Mr. Butters noted he had been in contact with the City Attorney's Office and they had opinioned that due to the bids being submitted for solid waste disposal, the Council was free to approve any of the bids they deemed most appropriate. He also mentioned that Purchasing Manager, Jim Holcomb, had advised that it is always best practice to approve the lower bid when approving competitive bids. He reported that the hazardous waste services would be bid directly Minutes—June 24, 2008 Wylie City Council Page 5 to a service company that handled this type of waste and would be a more direct way to manage this service. Solid Waster Sub-committee/Council Discussion Two members of the Solid Waste Sub-committee were present and addressed Council. Richard Vaughn and David Tamez explained to Council that they had reviewed the solid waste bids submitted both for pricing and services provided. Mr. Vaughn explained that once all bids had been reviewed, it was the consensus of the committee that the two companies deserving further consideration were IESI and CWD. He noted that the committee did not feel the need to spend the additional funding for IESI with CWD having an excellent bid for services and very good recommendations from current customers. Mr. Tamez addressed Council stating that the recommendation that the committee made to Council was partially based on recommending CWD due to cost savings and comparable size cities they currently served. He reported that Allen and Frisco were more in line with Wylie in size and he noted that the committee was impressed with the way CWD has handled the growth Frisco has experienced in the past couple of years. He stated his concern regarding Council appointing sub-committees to review issues; then in some cases not approving those recommendations. He stated that he believed CWD was a good recommendation by the Solid Waste Sub-committee and requested that it be honored in deliberations by the City Council. Mayor Pro Tem Byboth apologized for his lack of understanding regarding the solid waste services. He stated that attending the meeting last week gave him a much better knowledge of solid waste services. He explained that his concern prior to this meeting dealt with the conversion from one company to another. He reported that after attending the meeting and hearing the service companies speak about the conversion process he felt more comfortable. He stated that any conversion of services is difficult and if completed improperly, highly negative to citizens. He thanked the sub-committee for their time and volunteerism regarding the recommendations made. Councilman Young asked if the Garland Landfill would be utilized for Wylie solid waste disposal. Assistant City Manager Butters replied that it would. Mayor Hogue convened into Regular Session at 6:55 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. 4. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. (J. Butters, Assistant City Manager) Council Action A motion was made by Councilman Young, seconded by Councilman White to remove Item #4 Consideration of Solid Waste Services bid from the table and consider. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve an award of bid for solid waste services and authorize the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Minutes—June 24, 2008 Wylie City Council Page 6 Mayor Hogue recessed into Work Session at 7:00 p.m. WORK SESSION • Discussion and direction for pending items from the Value Engineering List for the New City Hall, Library and Recreation Center. (Mark Scruggs,ARCHITEXAS) Construction Manager Shane Colley introduced Mark Scruggs representing ARCHITEXAS. Mr. Colley stated that there were a few items on the value engineering list from the last work session that staff required some clarification on. He presented several items asking for direction from Council in order to move forward with construction documents to be brought back to City Council for final approval. Mr. Colley displayed photos of detention ponds stating that these ponds would not hold water and it was the opinion of parks consultants Halff& Associates that the ponds were not required for rain runoff. (VES4) Detention ponds — remove from documents Options will be presented for the following two items: (VE22) Glass vestibules— bring back options for less costly designs. (VE-19) End-grain wood flooring (mesquite) — bring back other wood options more cost effective. Other architectural recommendations accepted included: (VE21)Quantity of acoustical panels in Gymnasium—accepted (VESTR4) Epic Deck—keep in Recreation Center (Other options)Aluminum wiring—accept in lieu of copper Mr. Colley reported that the Millennium Tiles designed for the special areas within the City Hall, Recreation Center, and Library could be purchased from an overstock the supplier currently had. He explained that these tiles were sold for $12.60 per square foot but could be pre-purchased for $9.60 per square foot. He explained that the company wanted 30% down and would store the material until construction. He explained that by pre-purchasing the material, the City is locking in the price and storing the material at no cost. The estimated construction would be approximately twelve months from purchase. Finance Director Williamson stated that he had no issue with purchasing the tiles with Council approval and reimbursing the general fund with bond proceeds once sold. He explained that he did have some concern from a financial prospective regarding ownership issues; he would recommend that the city purchase the tiles outright and receive ownership of the material if it was to be stored at another facility, to eliminate the possibility of bankruptcy issues prior to delivery. Councilman Goss noted that if the tiles were purchased outright, at this point, the Council was locking in the color(shades of green). Direction from Council was to move forward with an agenda item to pre-purchase the Millennium Tiles. Councilman Goss stated that he was requesting that the design and construction team find additional value engineering to reduce the costs back to the original budget. He stated that he was firmly against any overages outside the additional $15,000,000 in Certificate of Obligations to fund these projects. Minutes—June 24, 2008 Wylie City Council Page 7 ADJOURNMENT With no further business before the Wylie City Council, Mayor Pro Tern Byboth made a motion to adjourn at 7:35 p.m. The motion was seconded by Councilman Porter. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 24, 2008 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Wylie City Council Tuesday, July 1, 2008 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:06 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Human Resource Manager, Lynn Fagerstrom; Interim Building Director, Charles Lee; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. WORK SESSION • Discussion regarding the City of Wylie FY 2008/2009 Annual Budget. (M. Manson, City Manager City Manager Manson addressed Council stating that she was pleased to submit to the City Council the draft proposal for Fiscal Year 2008/2009 Budget. She reported that the budget is balanced with the expenditures remaining below expected revenues while maintaining an extremely healthy Fund Balance of$8,826,770. She explained that the budget is based on a .08989 tax rate consisting of a Maintenance and Operation (M&O) rate of .56195 and an Interest and Sinking (I&S) fund rate of .33695. She reported that the I & S rate was solely attributable to the support of the new bond debt. She reported that the M & 0 had remained constant at .56119 and staff will continue to sustain this rate for as long as possible. She noted that in order to keep the M & 0 constant, department heads were requested to submit their initial budgets with a 10% reduction in non-personnel operating costs. She reported that no new staffing is proposed and only three upgrades are being considered. Minutes—July 1, 2008 Wylie City Council Page 1 She explained that the City will continue to operate with a lean, but talented and dedicated staff. Because this is a priority item within this year's budget, we are recommending funding a 2-step increase for staff per our Pay Plan, which is the equivalent of 5% increase. She noted there will be no adjustments for cost of Living Allowances (COLA) recommended this year. Expanded Level of Service requests will include: Participation in the WISD Fiber Project at a cost of $75,000; Creekfest cleanup (grant funded) at $16,300; Facilities Service Agreement at a cost of$45,000; Replacement of the Jail Door at a cost of$5,500; a Police fleet Tahoe at a cost of $60,630; Ambulance Replacement at a cost of $210,000; WFR Accreditation efforts (to accredit the entire department and assist in retaining the current ISO-1 City rating), and Public Safety Radio Upgrades at a cost of$57,560. City Manager Manson stated that the proposed budget was a product of hard work and difficult decision making on the part of our management team. She thanked them for their diligence. Finance Director Williamson presented an overview of the items within the Fiscal Year 2008- 2009 proposed budget. These areas included: a copy of the Long Range Financial Plan and a presentation of the four year budget forecast. He made some assumptions that would directly affect the next four year budgets which included the construction of the new City Hall, Recreation Center, and Library. He reported the new Recreation Center revenues to offset new personnel costs in the first year by 50% and the years to follow by 100%. These personnel costs would include only new hires to staff the Recreation Center. He reiterated the desire of management to continue level with the current 0 & M Tax Rate of $.56195. He reported that within the four year period and when the buildings came online the tax rate was estimated to peak at $.94 in FY 2010-11. Finance Director Williamson displayed charts showing the revenue source and expenditure percentages. He noted the largest revenue source being ad valorem tax and the largest expenditure being staffing. He reported projections for the Utility Fund revenues and expenditures and noted that this fund was very sound. He displayed the timeline for both the budget process and tax rate approval. Council members voiced concern over rising fuel prices and energy costs. They asked City Manager Manson to review these areas and bring back any changes to compensate for higher costs. Mayor Pro Tem Byboth thanked the management team for their hard work. ADJOURNMENT With all budget areas addressed and no further questions from Council, a motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to adjourn the Work Session at 7:02 p.m. A vote was taken and passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 1, 2008 Wylie City Council Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: B (City Secretary's Use Only) Department: WEDC Prepared By: Sam Satterwhite Account Code: Date Prepared: 06-18-08 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2008. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on June 27, 2008. Approved By Initial Date Department Director SS 6/18/08 City Manager Ain (� Page 1 of 1 6-30-2008 12:27 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 439,915.74 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,579,374.51 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 449,967.00 3,890,700.25 TOTAL ASSETS 3,890,700.25 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 453.91) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 314.58) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,121.78 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 890.78 2000-20540 NOTES PAYABLE 449,967.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 6-30-2008 12:27 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: MAY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 774,736.87 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,523,709.23 TOTAL BEGINNING EQUITY 2,523,709.23 TOTAL REVENUE 1,150,012.28 TOTAL EXPENSES 557,758.13 REVENUE OVER/(UNDER) EXPENSES 592,254.15 TOTAL EQUITY & OVER/(UNDER) 3,115,963.38 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 3,890,700.25 6-30-2008 10:05 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS-CURRENT 100,507.60 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 2000-28280 CAZAD LOAN 175,058.89 TOTAL LIABILITIES 1,575,914.55 EQUITY 3000-34590 FUND BALANCE ( 1,575,914.55) TOTAL BEGINNING EQUITY ( 1,575,914.55) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,575,914.55) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 6-18-2003 04.43 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2008 Ill-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 130,207.51 0.00 607,394.39 0.00 692,605.61 46.72 INTEREST INCOME 9,000.00 702.01 0.00 6,459.66 0.00 2,540.34 71.77 MISCELLANEOUS INCOME 62,400.00 5,900.00 0.00 47,408.23 0.00 14,991.77 75.97 OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 136,809.52 0.00 1,150,012.28 0.00 221,387.72 83.86 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 71,745.26 0.00 557,758.13 70.00 1,070,614.87 34.26 TOTAL EXPENDITURES 1,628,443.00 71,745.26 0.00 557,758.13 70.00 1,070,614.87 34.26 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) 65,064.26 0.00 592,254.15 ( 70.00) ( 849,227.15) 230.38- 6-18-2008 04:43 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 130,207.51 0.00 607,394.39 0.00 692,605.61 46.72 TOTAL TAXES 1,300,000.00 130,207.51 0.00 607,394.39 0.00 692,605.61 46.72 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 9,000.00 702.01 0.00 6,459.66 0.00 2,540.34 71.77 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 702.01 0.00 6,459.66 0.00 2,540.34 71.77 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 5,900.00 0.00 45,203.23 0.00 17,196.77 72.44 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 2,205.00 0.00 ( 2,205.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 5,900.00 0.00 47,408.23 0.00 14,991.77 75.97 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 136,809.52 0.00 1,150,012.28 0.00 221,387.72 83.86 6-18-2008 04:43 PM CITY OF WYLIE PACE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2008 11I-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 170,922.00 11,993.98 0.00 98,880.72 0.00 72,041.28 57.85 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -51140 LONGEVITY PAY 680.00 0.00 0.00 676.00 0.00 4.00 99.41 1-51145 SICK LEAVE BUYBACK 1,799.00 0.00 0.00 1,799.28 0.00 ( 0.28) 100.02 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3611-51210 CAR ALLOWANCE 9,100.00 738.48 0.00 5,607.78 0.00 3,492.22 61.62 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 1,888.74 0.00 1,087.26 63.47 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 1,214.48 0.00 10,021.84 0.00 6,587.16 60.34 5611-51410 HOSPITAL & LIFE INSURANCE 14,955.00 1,523.96 0.00 13,672.12 0.00 1,282.88 91.42 3611-51420 LONG-TERM DISABILITY 974.00 0.00 0.00 294.48 0.00 679.52 30.23 5611-51440 FICA 10,990.00 776.22 0.00 4,785.45 0.00 6,204.55 43.54 5611-51450 MEDICARE 2,679.00 181.52 0.00 1,530.67 0.00 1,148.33 57.14 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 198.00 0.00 342.00 36.67 TOTAL PERSONNEL SERVICES 232,772.00 16,657.56 0.00 139,903.08 0.00 92,868.92 60.10 SUPPLIES 611-52010 OFFICE SUPPLIES 15,000.00 1,825.51 0.00 4,143.13 70.00 10,786.87 28.09 5611-5.2040 POSTAGE 2,220.00 0.00 0.00 541.91 0.00 1,678.09 24.41 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 3,029.61 0.00 4,634.40 0.00 1,665.60 73.56 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 4,855.12 0.00 9,319.44 70.00 14,130.56 39.92 MATERIALS FOR MAINTENANC 5511-5463C TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 195.46 0.00 1,412.95 0.00 1,587.05 47.10 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 195.46 0.00 1,412.95 0.00 1,587.05 47.10 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 254,155.00 0.00 0.00 9,450.00 0.00 244,705.00 3.72 5611-56040 SPECIAL SERVICES 39,471.00 8,058.34 0.00 24,230.25 0.00 15,240.75 61.39 5611-56080 ADVERTISING 35,000.00 1,346.00 0.00 30,595.87 0.00 4,404.13 87.42 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 51.40 0.00 33,478.83 0.00 19,812.17 62.82 5611-56110 COMMUNICATIONS 4,450.00 478.48 0.00 2,004.57 0.00 2,445.43 45.05 5611-56180 RENTAL 17,600.00 1,651.21 0.00 11,700.07 0.00 5,899.93 66.48 5611-56210 TRAVEL AND TRAINING 29,128.00 554.58 0.00 8,873.61 0.00 20,254.39 30.46 1-566250 DUES & SUBSCRIPTIONS 6,280.00 795.00 0.00 3,387.95 0.00 2,892.05 53.95 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 22,560.00 3,022.89 0.00 16,365.86 0.00 6,194.14 72.54 3611-56570 ENGINEERING - ARCHITECT SVC 28,000.00 935.00 0.00 5,616.00 0.00 22,384.00 20.06 5611-56611 UTILITIES - ELECTRIC 4,000.00 221.17 0.00 2,164.47 0.00 1,835.53 54.11 TOTAL CONTRACTUAL SERVICES 496,435.00 17,114.07 0.00 148,170.48 0.00 348,264.52 29.85 5-18-2008 04:43 PM. CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 26,109.09 0.00 193,557.66 0.00 103,640.34 65.13 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 16.52 0.00 ( 16.52) 0.00 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 26,109.09 0.00 193,574.18 0.00 103,623.82 65.13 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 0.00 0.00 161,482.17 0.00 319,767.83 33.55 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 1,123.61 0.00 376.39 74.91 5611-58830 FURNITURE & FIXTURES 6,000.00 0.00 0.00 5,524.26 0.00 475.74 92.07 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 162,263.72) 0.00 162,263.72 0.00 TOTAL CAPITAL OUTLAY 488,750.00 0.00 0.00 5,866.32 0.00 482,883.68 1.20 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 59,511.68 0.00 27,256.32 68.59 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 59,511.68 0.00 27,256.32 68.59 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 71,745.26 0.00 557,758.13 70.00 1,070,614.87 34.26 TOTAL EXPENDITURES 1,628,443.00 71,745.26 0.00 557,758.13 70.00 1,070,614.87 34.26 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) 65,064.26 0.00 592,254.15 ( 70.00) ( 849,227.15) 230.38- "` END OF REPORT 't* Wylie Economic Development Corporation Balance Sheet Subledger May 31, 2008 Inventory-Land Address Acreage Improvements(sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 28.62 2,579,374.51 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Economic Development Corporation Balance Sheet Sub ledger May 31, 2008 Notes Payable Payment Principal Interest Principal Balance April 30, 2008 $1,573,647.08 April Inwood(#31 of 120) $10,471.74 $7,319.77 3,151.97 $651,459.13 Birmingham(#51 of so) 5,741.48 5,417.06 324.42 50,197.61 Hughes(#22 of 120) 3,774.70 2,303.79 1,470.91 291,878.58 City of Wylie (#11 of 24) 6,813.96 6,413.71 400.25 85,951.66 Prime Kuts(#7of 120) 2,539.59 1,438.25 1,101.35 218,831.30 Bowland(#7 of 60) 773.31 590.73 182.59 35,926.11 Anderson(#s of 60) 773.31 590.73 182.59 35,926.11 CapitalOne(#2 of 120) 2,034.96 976.55 1,058.41 178,425.99 May 31, 2008 $1,548,596.49 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MAY 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 89,898 3,284 4.39% FEBRUARY 110,794 121,615 132,441 10,826 9.77% MARCH 88,544 83,172 86,460 3,287 3.71% APRIL 67,714 81,377 86,004 4,627 6.83% MAY 113,042 124,616 130,208 5,592 4.95% JUNE 86,454 86,779 J U LY 89,148 90,996 AUGUST 122,188 114,655 SEPTEMBER 69,876 99,715 OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $607,395 $27,091 4.67% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $607,395 $27,091 4.67% WEDC SALES TAX ANALYSIS $140,000 $120,000 71 "11111,11: ;,,,ir OW" III $�.aQ� tee ;!EE �a,. 1I!uI�� I e� ' n� .i ^3t� � 1)1111111 .11rc 11 : 1 II 11 .11111 $20,000 itrt.rui U 1 ' Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: C (City Secretary's Use Only) Department: Planning Prepared By: Jasen Haskins Account Code: Date Prepared: 06/30/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Replat for American National Bank Addition #2, Block A, Lot 1. Subject property being generally located on the northwest corner of FM 544 and Westgate. Recommendation Motion to approve a Replat for American National Bank Addition #2, Block A, Lot 1. Subject property being generally located on the northwest corner of FM 544 and Westgate. Discussion The applicant is proposing a replat of Block A of the American National Bank Addition #2, specifically Lot 1 which is to be divided into two lots, 1A and 1B. The entire property was originally platted in April 2005, consisting of two (2) commercial lots on 1.73 acres. A bank kiosk with a drive through ATM facility was developed on Lot 2 at that time with an Arby's restaurant added in late 2007. This replat would create a separate Lot consisting of the northern most portions of the current Lot 1. This separation would allow for additional development or sale of the vacant property. The replat complies with all applicable technical requirements of the City of Wylie's Subdivision Regulations. Planning and Zoning Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director RO 06/30/08 City Manager Page 1 of 1 g )4CMI TY MAP STATE OF TEXAS NTS\ COUNTY OF COLLAR STATE OF TEXAS ! \1 OWNERS CERTIFICATE COUNTY OF COIGN E w.mom Si. WHEREAS GREAT OAHE HOLDINGS,LLC AND A3C LLC ARE THE OWNERS OF A TRACT Of BEFORE ME,THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND LAND SITUATED IN THE E.D.DAVIDSON SURVEY.ABSTRACT NO.266.GOWN COUNTY. STATE ON TXK DAY PERSONALLY APPEARED KNOWN BT TEXAS,AND BEING ALL OF LOT I,BLOCK A OF TOE AMERICAN NATIONAL BANK ADOPTION ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING �y FADE�I EXACT 00.2.ACCORDING TO THE PLAT HEREOF RECORDED IN CABINET 0,PAGE 3/),PLAT INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SANE FOR THE /_ .5 wf E pm EN REESSOCRIBFDCIN OEEOOTO GREAT CANE 1NILDINGS,LLC AND A3C LLC AND ALSO BEING.L Of ENAT CERTAIN RECORD q COUNTY PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. -�f�L"�� L CLERK'S DOCUMENT NUMBER 200)1101001/925b,DEED RECORDS OF COLON COUNTY, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS_DAY OF ,2006. bWeY pO v WILE rw s/a'I.F.(cr) TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: / S 8/•5)'18•E 1)]18' \ _58250 BEGINNING AT A 5/C IRON ROO FOUND FOR CORNER IN THE NORTH RIGHT-OF-WAY UNE Ili e=DI'b'10' OF W.F.Y.544(120'R.O.W.)AT THE SOUTHWEST CORNER OF SAID LOT I: NOTARY PUBLIC IN AND FOR THE STATE Of TEXAS ,IR 4 U IY' EN,545-IA. CH=S 20/2'SB.E THENCE NORTH OS'02'4I'EAST ALONG THE WEST ONE OF SAID LOT I,A DISTANCE OF MY COMMISSION EXPIRES: SJ \ \\ U \ Fxo~15.28e THERE FEET TO A 5/8"IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER STATE OF TEXAS 3' • THENCE SOUTH 8/'S7'16'EAST ALONG THE NORTH UNE OF SAID LOT t,A DISTANCE OF COUNTY OF COIGN N \ 177.18 FEET TO A 5/8"IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER BEFORE ME,THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND U6[I \\ THEREOF AND BEING IN THE WEST RIGHT-OF-WAY UNE OF WESTGATE WAY(55'R.O.WJ. STATE ON THIS DAY PERSONALLY APPEARED KNOWN BY k IOW aF 1 \ SAID POINT ALSO BEING IN A CURVE TO THE LEFT HAYING A RADIUS OF 582.50.A 4E TO BE THE PERSON WHOSE NAYC IS SUBSCRIBED TO THE FOREGOING �t INSTRUMENT AND ACKNOWLEDGED TO YE THAT HE EXECUTED THE SAME FOR THE \ CENTRAL ANGLE Of O1'b'10',ANO A CHORD WHICH BURS SOUTH 2P/2'S6'UST,A PURPOSES AGE CONSIDERATIONS THEREIN EXPRESSED. LOT IB \ DISTANCE OF 15.28 FEET; GIVEN UNDER MY NAND AND SEAL OF OFFICE THIS_DAY OF .2W8. 0.432 ACRES \ THENCE IN A SOUTHERLY DIRECTION OR CO SAID CURVE TO THE LLR,AN ARC DISTANCE (18,833 SQUARE FEET) OF T5.28 FEET TO AN'X'FOUND FOR CDRNER AT THE BEONNING Qi A REVERSE CURVE I TO THE RIGHT HAYNG A PATHS OF 51).50 STET,A CENTCEL FN157 OF 1T33'0)',ARD A CHORD WHICH BURS SOUTH 11'IO'S3"EAST,A DISTANCE OF IS).91 TER; NOTARY PUBUC IN AND FOR THE STATE OF TEXAS CB= R SI].SO THENCE IN A SOUTHERLY DIRECTION.0N0 SAID CURVE TO WE RIGHT.AN ARC DISTANCE LIT COMMISSION EXPIRES: _-_- e.W11.22' OF 1513.53 FEET TO AN'X'FOUND FOR CORNER AT THE MOST EASTERN SOUTHEAST S 1F3a'15'F CORNER OF SAID LOT 1.FROM WHICH AN"X"FOUND FOR REFERENCE BEARS NORTH CX=87.41' /•t/'SA'EAST.A DISTANCE OF 0.83 FEET; STATE OF TEXAS \ L=e).5: ' COUNTY OF COIGN III R=31).b THENCE IN ALOSOUTHWESTERLY DIRECTION ALONG THE SOUTHEAST LINES OF SAID LOT 1, SURVEYORS CERTIFICATE S 81'S)'16"F e=1T33'0)' THE FFOLLOWINGGCOURSESESAND DISTANCES; 218.06' CB=S 12'/0'53'E I,JASON L.MORGAN,A REGISTERED PROFESSIONAL NAND SURVEYOR I"ENE STATE OF CH=157.91' SOUTH 8/•25'48"WEST,A DISTANCE OF 10.08 FEET TO AN'%"FOUND FOR CORNER TEXAS,DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PUT FROM AN ACTUAL ON THE L.158.53' AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET,A GROUND SURVEY OF THE LAND.AND THE MONUMENTS SHOWN HEREON WERE FOUND AND/OR CENTRAL ANGLE OF 75'/3'13'.ANTI A CHORD WHICH BEARS SOUTH/5.3/'S8'WE PLACED UNDER W PERSONAL SUPERVISION IN ACCORDANCE N'THE PUTTING RULES AND A DISTANCE OF 42.97 FEET: REGULATIONS OF THE CITY PUN COMMISSION OF THE CITY OF wax,TEXAS.1 ALONG SAID CURVE TO WE LEFT,AN ARC INSTANCE OF 46.27 FEET TO AN'X' WITNESS MY HAND AT PLANO,TEXAS, FOUND FOR CORNER AT THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING THIS--DAY OF_ .2008. I c A RADIUS OF 40.00 FEET,A CENTRAL ANGLE OF 1T09'S2',AND A CHORD WHICH U'TO BEARS SOUTH 2S4B'01'WEST.A DISTANCE OF 28.78 FEET: RELEASED FOR REVIEW PURPOSES ONLY.THIS R=51).50' DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. =T51.45. ^ 0 y ALONG SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 29.11 FEET TO AN'X' CB=S 0T50'12'F FOUND FOR CORNER: JASON L MOACAN R.P.LS.N.5587 BLOCK A $ I L:)0.06' 13.A. SOUTH SP52'N WEST,A DISTANCE OF 90.25 FEET TO AN"X"FOUND FOR CORNER STATE OF TEXAS 3 TOTAL=1.403 ACRES AT THE BEGINNING OF A CURVE TO THE an HAVING A RADIUS OF 40.00 FEET,A COUNTY OF COWS (61.130 SO R.) CENTRAL ANGLE Of/SE'S1',AND A CHORD WHICH BEARS SOUTH 2T28'W'WEST, SP.L DEL KY__ I A DISTANCE OF 31.79 FEET; BEFORE ME.THE UNDERSIGNED.A NOTARY PUBUC IN AND FOR SAID COUNTY AND STATE ON W _ THIS DAY PERSONALLY APPEARED JASON U.MORGAN,R.P.LS.NO.5587,STATE OF TEXAS. illAGI ApACAILED�p`ACA151 8.= .AEEEL FALONG SAID CURVE TO THE LEFT.AN ARC DISTANCE OF 32.89 FEETTO AN"X' AND ACKNOWLEWED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND aw p IY/ Fw Y Ie1.5A L psi FOUND FOR CORNER: CONSIDERATIONS HEREIN EXPRESSED. SOUTH 04103'01'WEST.A DISTANCE OF 21.59 FEETTO AN'X'FOUND FOR CORNER IN GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS_DAY Of ,2008. THE NORTH RIGHT-OF-COAT UNE OF SAID W.f.M.544 AT THE MOST SOUTHERN 11026•/8'W SOUTHEAST CORNER OF SAID LOT 1.FROM WHICH AN'X'FOUND FOR REFERENCE BEARS 10.08' NORTH 38.53'03"EAST,A DISTNNCE OF 0.70 FEET; R=35.00'- J LOT 1A I 5•75.43.43. THENCE NORTH BS'S6'SB"WEST ALONG WE NORTH ROOT-OF-WAY UNE OF SAID W.F.M. NOTARY PUBUC IN AND TOR THE STATE OF TEXAS I 544,A DISTANCE Of 104.95 FEET TO THE PUCE OF BEGINNING AND CONTAINING 1.403 007 S ACRES ACRES OF LAND. 1 /GX:12.9)' THE UNDERSIGNED,THE CITY SECRETARY OF THE CITY OF WYLIE,TEXAS,HEREBY CERTIFIES p 03.297 SWARD FEET) I r.w. L=a6.2)• ,7s l OWNERS DEDICATION THAT THE FORAGING REPLAY OF LOT I,BLOCK A,AMERICAN NATIONAL BANK ADDITION NO.2, J J WAS SUBMITTED TO THE CITY COUNCIL ON THE DAY OF ,M.AND THE / J I NOW THEREFORE,KNOW ALL BY THESE PRESENTS: COUNCIL BY FORMAL ACTION.THEN AND THERE ACCEPTED THE DEDICATION Of STREETS. / ALLEYS,PARKS.EASEMENTS PUBUC PLACES AND WATER AND SEWER LINES,AS SHOWN AND R=/0 THAT W HEREBY ADOPT THIS REPLAT, SET FORTH IN AND UPON SAID PUT.AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS REPLAT OF LOT 1 BLOCK A, NOTE ACCEPTANCE THEREOF FOR THE CONSTRUCTION RI SIGNING HIS NAME AS HEREIN ABOVE EMMET a.PAIN UT , e=42'09'52' ADDITION TO THE CITY Of NEUE, SUBSCRIBED. CMS 29.46.01'W THE AMERICAN NATIONAL BARK ADDITION NO.2,AN TEXAS,AND DOES HEREBY DEDICATE.IN FEE SIMPLE,TO THE PUBLIC USE FOREVER, /CH=28.'s. THE STREETS AND ALLEYS SHOWN THEREON.ANC AND PUBUC USE AREAS, WITNESS MY NAND THE_DAY OF/ ..A.c.gi.10071101001.01.0 rxo N. L=29.1/' I AS SHOWN ARE DEDICATED,FOR THE PUBUC USE FOREVER,FOR THE PURPOSE ' �/I I INDICATED ON THIS PUT.NO BUILDINGS,FENCES.TREES,SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED UPON,OVER OR ACROSS THE EASEMENTS AS SHOWN,EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE CITY SECRETARY +h0'� ' PLACED IN LANDSCAPE EASEMENTS,IF APPROVED BY THE CITY OF WYLIE.IN ADDITION, CITY OF WYUE,TEXAS UIILH U NA T SEYENIS Y ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF PUBUC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT RECOMMENDED FOR APPROVAL rz M1hT I I UNITS THE USE TO PARTICULAR UTBJTIES.SAID USE BY PUBLIC UTILITIES BEING rt� h I SUBORDINATE TO THE PUBLIC'S AND CITY OF NIUE'S USE THEREOF.THE CITY OF 'p h� BLOCK A I WYLIE AND PUBUC ENTITIES SHALL HAVE THE RIGHT TO REYOvE AND KEEP REMOVED 2 I ALL OR PARTS OF ANY BUILDINGS,FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTS - OR GROWTHS CONIC"MAY IN ANY WAY ENDANGER OR INTERFERE RIM THE WI O. y�' CONSIRUC110N,MAINTENANCE,OR EFFICIENCY Of THEIR RESPECTIVE SYSTEMS IN SAID CHAIRMAN.TTXPLANNINGICNS AND ZONING COMMISSION OATS I EASEMENTS.THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL AT ALL TINES /�� HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE - / mo Y / I WIC M EASEMENTS FOR THE PURPOSE OF CONSTRUCTING,RECONSTRUCTING,INSPECTING. 'APPROVED FOR CONSTRUCTION' PATROLLING,MAINTAINING,READING METERS,MO ADDING TO OR REMOVING ALL OR uW AxXpn�YI ITIXSS0 /' / % // PARTS N THEIRRESPECTIVE RO SYSTEMS WITHOUT TIRE NECESSITY Al ANT RYE PROCURING PERMISSION FROM ANYONE.THIS PUT APPROVED SUBJECT TO ALL PUTTING -_NWIN'[x o.8c.gi. I (I /R_1p p0' I °ENHANCES.RULES.REGULATIONS AND RESOLUTIONS OF THE CITY OF WILE,TEXAS. MAYOR,CITY Of NYUE,TEXAS DATE c q AAF4.ITT II CB=S 3 28'W'W WITNESS,W HAND,THIS THE_DAY OF 2008. T"" - - REPLAT OF BEGIN-_ 1 1;^lo Y •u L= . - 6.n-T----_L JL $T i w52.a9 / e. LOT 1,BLOCK A ----- pqp WRs12J[J 1-II Z.-_r_______-__- GREAT DARE HOLDINGS.LLC H AMERICAN NATIONAL BANK ADDMON NO,2 MO Mr I.A.(CCU.) N BS'36'S 0.W --_�1oa.9s• Nn .' -L_ ___ BY: - ED.DAVIC6ON SURVEY,ABSTRACT NO.266 m455 -� A3C.LLC CITY OF WYIE,COLLPI COUNTY TEXAS W. F.M. 344 x aisv L 0, I m•Rav) MAY 2008 SCALL 1'=30' NOTES: LEGEND 1.THE BASIS OF BEARINGS FOR THIS PLAT IS THE WEST LINE OF THE AMERICAN NATIONAL NdOIx0S,AS ODER FLLBC yip,RJYMOUYMG.INC. r URA..,.. BANK ADDITION NO.2,AN ADDITION TO WE CITY OF WYLIE,COLLAR COUNTY,TEXAS. SR 5/8'I.R.=SET 5/8'IRON ROD GRAPHIC SCALE 3600 NAME 1RAK II[Ira ma I[$11 1�:II ACCORDING TO TEAS. THEREOFING BEARING IN VOLUME 0.PAGE 3/7,MAP RECORDS OF END"%"=FOUND%CUT IN CONCRETE UOSONFBSIR.51HA35pp76 Tyl. - COLLJH COUNTY,TE%A5,RAVING A SCARING OF SOUTH. END 1/2'I.R.=FOUND 1/2"IRON RW 20 0 10 20 40 WO - - FIYJN i 529--85Xi 2.SELLING A PORTION Of THIS PROPERTY BY METES AND BOUNDS IS A WOUTION OF THE R.C.C.T.=M,V RECORDS COIGN COUNTY,TEXAS - - �- AHJD(Fn)dl ITm ��6BII. CRY ORDNANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES CSYT.=EASEMENT FAc On)MS-IRu SO.FL=SQUARE FEET AND BUILDING PERMITS. R.O.W.=RIGHT-OF-WAY (W FEET) I 3.THIS PROPERTY IS NOT SHOWN TO BE WITHIN A IOU-YEAR SPECIAL FL000 HAZARD AREA. (C.M.)CONTROLLING MONUMENTS 1 INCH= 20 FEET JOB NO.08-05-173 SHEET I OF 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 06/30/08 Budgeted Amount: Exhibits: One Subject (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing and consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008-07 Recommendation Motion to adopt new sign regulations and repeal Ordinance No. 2003-14 and repeal all conflicting ordinances. Discussion In an effort to create a consistent and concise sign ordinance, and ensure that proper and effective directions are portrayed to residents and visitors, and to prohibit the uncontrolled proliferation of signs Staff is recommending amendments to the current sign ordinance. These revisions will protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs. Adopting the proposed revisions to the Sign Ordinance would provide a tool to eliminate clutter of bandit type signs in the public rights-of-way and have a more uniform design throughout the city. Background In 2002, at the direction of Council the sign regulations were removed from the zoning ordinance and administered through Building Inspections Department. Modifications were again adopted in 2003 to eliminate the use of pole signs throughout the city. The current ordinance prohibits signs within the public right-of-way unless a permit was received for the sign prior to July 1, 2001. The ordinance further states that any permit issued under the current ordinance shall expire on December 31, of the year it was issued, except that all permits issued after December 31, 2003 shall expire on July 1, 2004, and shall not be renewed. Consideration With Wylie being the eighth fastest growing city in the nation, and new subdivisions continually being developed, staff is recommending revisions to the Sign Ordinance including allowing for kiosk type signs to be placed in the public right-of-way as a means of providing directions to municipal buildings or events and new subdivisions. Page 1 of 1 Page 2 of 2 The kiosk program would consist of signs that contain individual panels and an identification panel at the top of each Kiosk Sign that displays only the name and official logo of the city. At least one sign panel on each Kiosk Sign must provide directions to public facilities, information centers, and/or provide information about an upcoming city-sponsored event. In addition, Kiosk Signs shall include panels that are used to provide direction to subdivisions as a means for builders to advertise and maintain a 24/7 coverage. The program would generate a revenue stream for the city in that builders lease space from a qualified person or company (The Concessionaire) approved by Council through the execution of a concession contract. The Concession Contract would grant the company the right to design, erect and maintain directional kiosk signs within the city. The Concessionaire shall provide, at no cost to the city, municipal directional kiosk sign panels, which will comprise up to 10% of all sign panels permitted, for uses of public purpose directional signage to municipal sites, and or events as designated by the city. All kiosk signs, individual panels and locations must be approved by Council prior to installation. All unauthorized, illegally placed and non-permitted signs placed in city rights-of-way may be removed by the city upon discovery and destroyed immediately. The attached draft indicates the proposed changes for Ordinance 2003-14. The primary addition to the current ordinance is that Section 9 has been modified to include Subsection E. Kiosk Signs, Section 11 Temporary Directional Signs & Section 12 Signs Prohibited in the City Right of Way have been deleted in its entirety. A definition has been added to Section 2 to clearly state what is defined as a kiosk sign. In Summary, the proposed revisions and the kiosk sign program will provide a uniform, coordinated method of providing residents, visitors, homebuilders and developers a means of utilizing directional signs, while minimizing the negative impacts to the City of Wylie and its residents. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. Planning and Zoning Commission Discussion: The commissioners focused on the intent of the kiosk program in that it was not to promote any one builder over another, but to promote new subdivisions and to allow directions to city sponsored events and facilities. The initial step is to target the existing weekend directional signs for newly developed subdivisions and provide a means of eliminating cluttered rights-of-way. The maximum height was also discussed. The maximum height shall not exceed twelve (12) feet. The Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO/�/� 06/30/08 City Manager ill l I EXHIBIT A l 5 }sty.. i x (l�l nri.. I T• ,_' . M • .0.-• I .. '-:.-q�if yT f CENTEX HOMES I I F Isensrr T c Ii.B_ ' 4 us'Horne ff n.o M i R 11r; © �t6lW(ETGA) I —' ti T BEAT :.., F • „" E PARK En-b STLkkgSa'" i Cro shay 103i-i 1. HI Sign Pollution? Perfect Solution! 2.S"Corrugated Steel `',., pipe(unless otherwise I::4 ,...ilifki noted)and powder_ ~ coated to your color . of Choke / i IDED� Parcels oriencec in 0 ��HOMESPARIu Lett,Right orSeaaght Format to 1r-crease __ 4- CENTEX HOMES traffic safety. Azifi.aa Vi.etu 4' `Qnnclr u...4 pi NI Mn. Inr 41 RICE-{I,��O, D 2-3mm 10 5 E • > us-Home id 1" CV MY"LA IV In NOMC Pane/Des ri,,tt:ow TB. The individual Panels are made of an r�* l( Aluminum and Polymer composite that is called Apolic Apolic is fully rated to T n P Dot Triangular Slip be installed in the right-of-way and ' Base System meets wind shear requirements, � • Panels me 49'wide, 10"tall and l I! I I , i 2-3 mm thick. They are full color and include the Homebuilder's recognized `•.;tlo lALSIGNPLAZ_AS8BE91i1.t13a ago as well as a line of text. Irailialt. • l Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: 2 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 443-5443-56570 Date Prepared: June 30, 2008 Budgeted Amount: $ 186,000 Exhibits: Ordinance/Purchase Order Subject Consider, and act upon, Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the City until they are needed on the Job Site. Recommendation Motion to approve Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the City until they are needed on the Job Site. Discussion The City of Wylie has received a proposal from Millennium Tiles that would allow the City to pre-purchase metal shingles that are needed on the new Library, City Hall and Recreation Center projects at a substantial discount ( $9.30/per tile vs. $12.60/per tile). In return, the City would be required to purchase the tiles up front. This represents a savings of$66,000. Millennium Tiles has also agreed to store the tiles in its warehouse under a separate agreement until such time as the City needs the tiles on the job site; at no charge to the City. Approved By Initial Date Department Director LW 6/3 /08 City Manager "� a /C< Page 1 of 1 ORDINANCE NO. 2008-32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $186,000 TO PRE-PURCHASE METAL SHINGLES FROM MILLENNIUM TILES FOR THE NEW LIBRARY, CITY HALL AND RECREATION CENTER PROJECTS; AUTHORIZE THE CITY MANAGER TO EXECUTE A WAREHOUSING AGREEMENT WITH MILLENNIUM TILES TO STORE THE SHINGLES FOR THE CITY UNTILL THEY ARE NEEDED ON THE JOB SITE; 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 financially beneficial and advantageous to the citizens of Wylie to amend the 2007-2008 budget adopted by Ordinance No. 2007-29 for purpose of pre-purchasing metal shingles for use on the new library, city hall and recreation center projects from Millennium Tiles; WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has further investigated and determined that it will be financially beneficial and advantageous to the citizens of Wylie to authorize the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the city until they are needed at the job site; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2007-29 (2007-2008 Budget). Ordinance No. 2007-29 (2007-2008 Budget) is hereby amended to allow for the following appropriation: That One hundred and eighty six thousand dollars ($186,000) be added to account 443-5443-56570 to be expended for the purpose of pre-purchasing metal shingles for use on the Library, City Hall, and Recreation Center projects from Millennium Tiles; SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Ordinance No.2008-32 Ordinance Amending 2007-2008 BUDGET (Pre-purchase of Metal Shingles—Millennium Tiles) Page 1 SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of July, 2008. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2008-32 Ordinance Amending 2007-2008 BUDGET (Pre-purchase of Metal Shingles—Millennium Tiles) Page 2 • Millennium 1141°.°44444550 Centralia Street Date Quotation# Elkhorn, WI53121 t' es 262-723-7778 Purchase Order Phone 6/25/2008 745112-1633 www.millenniumtiles.com 262-723-7629 Fax BILL TO: SHIP TO: City of Wylie City of Wylie Shane Colley Shane Colley 2000 Hwy 78 North 2000 Hwy 78 North Wylie,TX 75098 Wylie,TX 75098 972.442.4433 Cell 903.241.6348 972.442.4433 Ce11:903.241.6348 Please Circle: Commercial Or Residential Project Name Payment FOB P.O. No. Wylie Civic Center Cash Elkorn,WI Verbal Item Description Qty Rate Total 304-LN-CU 304 Large Tile,NO Shadow Cup,Custom Green, 200 930.00 186,000.00 124/sq. 304-SH-CU 304 Sheet,Custom Green(48"x 120")for various 0.00 0.00 flashing pieces.$450 per sheet FREIGHT Freight Charges T.B.D at time of shipment 0.00 0.00 TERMS This proposal is to honor the above pricing until the 0.00 materials are needed.Millennium tiles will warehouse the materials until needed free of any additional storage fees(up to one year from date of payment).Millennium Tiles agreed to these terms under the condition that we have this contract signed and returned along with payment in full for the material. Addendum Millennium Tiles assumes no responsibility for any 0.00 measurement or measurement assistance. Actual material amounts needed and measurements will be determined by the purchasing party.Sheets for flashing &freight are not included in this contract. Your Signature verifies and accepts this document,our warranty,and our terms& conditions. Total $186,000.00 Printed Name Signature Date Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Office Account Code: Date Prepared: June 16, 2008 Budgeted Amount: Exhibits: Notification Letter Subject Consider, and act upon, recommendation of a member to the NCTCOG Regional Transportation Council (RTC) representing the Cities of Richardson, Addison, Wylie, Sachse and Murphy. Recommendation Motion recommending as a member to the NCTCOG Regional Transportation Council (RTC) representing the Cities of Richardson, Addison, Wylie, Sachse and Murphy. Discussion Attached is correspondence from the NCTCOG regarding the Regional Transportation Council (RTC) for the Dallas-Fort Worth Metropolitan Area. The Council (RTC) is composed primarily of local elected officials and is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the RTC is either by direct membership or group representation. Currently John Murphy, Councilmember, City of Richardson has represented our member group since 1993. Mr. Murphy has communicated his desire to continue service as the group representative to RTC. If group member cities wish to nominate another representative, it would take the majority vote (by population) of the member cities (Richardson, Murphy, Addison, Sachse, and Wylie) to change the representation. We are asked to keep our current representative or appoint a new representative. Also attached, per the RTC Bylaws and Operating Procedures, are the attendance records for the various representatives. Approved By Initial Date Department Director City Manager 6 /a? Page 1 of 1 r' rt Regional Transportation Council The Transportation Policy Body for the North Central Texas Council of Governments (Metropolitan Planning Organization for the Dallas-Fort Worth Region) MO June 23, 2008 The Honorable Steve Mitchell The Honorable Joe Chow The Honorable John Mondy Mayor Mayor Mayor City of Richardson City of Addison City of Wylie P.O. Box 830309 P.O. Box 9010 2000 Highway 78 North Richardson, TX 75083 Addison, TX 75001-9010 Wylie, TX 75098 The Honorable Mike Felix The Honorable Bret Baldwin Mayor Mayor City of Sachse City of Murphy 5560 Highway 78 206 North Murphy Road Sachse, TX 75048 Murphy, TX 75094 Dear Mayors Mitchell, Chow, Mondy, Felix and Baldwin: The North Central Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC), composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management Process, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the Regional Transportation Council is either by direct membership or group representation. Currently, the Cities of Richardson, Addison, Wylie, Sachse, and Murphy share a seat on the Regional Transportation Council (RTC). The RTC's Bylaws and Operating Procedures state that "The person representing a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum of the daytime or nighttime population of the cities/counties represented." Please notify us upon completion of your deliberations. One-third of the representatives for Dallas and Fort Worth may be from the private sector; all other representatives must be public sector members from the entities they represent. A table containing population and employment figures is enclosed. Your current representative on the RTC is John Murphy, Councilmember, City of Richardson. You may choose to keep your current representative or appoint a new representative. The RTC Bylaws Revision Subcommittee is currently reviewing its Bylaws and Operating Procedures and pending its recommendation and RTC approval, some modifications to membership groupings may occur which would require a change to your appointments. We will notify you in the next few months if any modifications are necessary. Please mail or fax (817/640-3028) your correspondence to Vercie Pruitt- Jenkins of NCTCOG. Please note that your designation should be confirmed in writing by all entities included in this group. P. O. Box 5888•Arlington, Texas 76005-5888• (817) 695-9240• FAX (817) 640-3028 0 http://www.nctcog.org/trans Page Two June 23, 2008 As required by the RTC Bylaws, enclosed is a table containing meeting attendance from August 2007 to June 2008. This quarterly transmittal to member agencies is standard practice and not indicative of any particular problem. In addition, the Bylaws state "All RTC members must adhere to Chapter 171 of the Local Government Code and to the Code of Ethics for their respective local governments and public agencies." Please remind your representative to be cognizant of this request. Please contact Verde Pruitt-Jenkins at 817/608-2325 if you have any questions. We look forward to hearing from you. Sincerely, Q ? 2O5 /4op Linda Koop, Chair Regional Transportation Council Councilmember, City of Dallas VPJ:al Enclosures cc: The Honorable John Murphy, Councilmember, City of Richardson (RTC Member) Mr. Allen Barnes, City Manager, City of Sachse Mr. James Fisher, City Manager, City of Murphy Mr. Bill Keffler, City Manager, City of Richardson L Ms. Mindy Mason, City Manager, City of Wylie Mr. Ron Whitehead, City Manager, City of Addison REGIONAL TRANSPORTATION COUNCIL ATTENDANCE ROSTER August 2007—June 2008 RTC MEMBERS 8/09/07 9/13/07 10/11/07 11/8/07 12/13/07 1/10/08 1/24/08 3/13/08 4/10/08 4/15/08 5/08/08 6/12/08- Ron Brown (2/93) P _ P P P R(1) P P P P P P P Mike Cantrell (01/07) P P P R(1) P P P P P P P P Sheri Capehart(07/06) P R(1) P R(1) P P P A P P P R(1) Maribel Chavez(I/02) R(1) P R(4) P P P P P P P P R(1) I Maurine Dickey(4/05) R(1) R(1) P P P P P R(1) R(1) P R(1) P Lee Dunlap(6/08) -- -- -- -- -- -- -- -- -- -- -- A(1) Rudy Durham (7/07) P _ P P P P P P P P P P P Charles Emery(4/04) P P P P P P P P P P P P Mark Enoch(12/06) P A P P P P P P P P P P Salvador Espino(01/08) -- -- -- -- -- P A(1) P P P P Robert Franke(01/08) -- -- -- -- -- P P _ P P P P P Bill Hale(11/03) P P P P P P P P P P R(1) P Roger Harmon(1/02) A P P A _ P P P P P P P A(4) Kathleen Hicks(10/05) P R(1) P R(1) P P P R(1) P R(1) P P Joe Jaynes (6/07) P P P P P P P P P A(1) P P Ron Jensen (6/03) P P P P P P P P R(1) P A(1) P Ron Jones(7/07) P P P 1 P P R(1) P P P A(1) . R(1) Vonciel Jones Hill(11/07) -- -- -- P P P P P P A(1) P P Jungus Jordan(04/07) P P P P P P P P P P P P Pete Kamp(7/04) P P P P R(1) P _ P P P P P P Linda Koop(7/05) P P P P P P P P P P A - P Mike Leyman (7/07) P P P P P P P P P P P P John Loza(4/08) -- -- -- _ -- P A(1) P P Bill McLendon (7/07) P P P P P P P P P P P P Pauline Medrano(11/07) -- -- -- P P P P P P A(1) R(1) P John Monaco (6/08) -- -- -- -- -- -- -- -- -- -- -- P Rich Morgan (01/04) A P P P P P P P P P P P John Murphy(7/93) P P P P P P P P P P P P Ron Natinsky(6/07) P P P P P P P P P P P P Robert Parmelee(1/08) -- -- -- -- -- P P P P P -- P Rick Stopfer(8/06) P R(1) P R(1) P P P _ P P P P P John Tatum (11/02) A P A P P P P P P A P A Oscar Trevino(6/02) P P R P P P P P R(1) P A(1) P Marti VanRavenswaay(2/97) 3 R(1) R A(4) R(1) P R(1) P P A(1) P P Paul Wageman(11/07) -- -- -- P P -- R(1) -- P P P P Cynthia White(10/02) P P P _ P P A R(1) P R(1) P P R(1) Bill Whitfield (6/03) P P R P P P P R(1) P P P P B. Glen Whitley L2/97) P P R 1 P P R(1) P R(1) P P P Kathryn Wilemon(6/03) P P P P P P P P P A(1) P P Vacant—City of Carrollton P=PRESENT A=ABSENT (1) Local Government Business Conflict R=REPRESENTED —=NOT YET APPOINTED (2) Jury Duty NOTE: Date in parenthesis indicates when member was first eligible to attend RTC meetings. (3) Personal Illness (4) Family Emergency RTC BYLAWS -2008 REPRESENTATION DATA City/County Population Employment PoplEmp Maximum Collin County Plano 260,900 157,738 260,900 Allen 78,850 18,105 78,850 McKinney 118,200 41,571 118,200 Frisco 97,600 36,967 97,600 Wylie 37,000 10,652 37,000 Murphy 12,900 3,910 12,900 Dallas County Dallas 1,300,350 1,080,320 1,300,350 Carrollton 120,550 104,350 120,550 Garland 228,450 106,374 228,450 Irving 210,150 272,080 272,080 Mesquite 137,550 67,542 137,550 Grand Prairie 166,650 81,115 166,650 Richardson 97,450 135,901 135,901 Rowlett 54,150 7,534 54,150 Duncanville 38,400 20,051 38,400 DeSoto 48,100 20,852 48,100 Addison 15,300 78,744 78,744 Coppell 39,550 47,562 47,562 Cedar Hill 44,900 15,858 44,900 Farmers Branch 28,750 110,050 110,050 Lancaster 35,800 14,084 35,800 University Park 22,850 18,878 22,850 Balch Springs 19,600 6,469 19,600 Seagoville 13,300 6,739 13,300 Sachse 18,050 4,831 18,050 Highland Park 8,600 11,845 11,845 Glenn Heights 11,650 1,043 11,650 Denton County Denton 106,050 59,903 106,050 Lewisville 92,850 44,601 92,850 Flower Mound 62,450 11,911 62,450 The Colony 39,850 11,572 39,850 Highland Village 15,100 2,612 15,100 Corinth 19,650 6,576 19,650 Trophy Club 7,500 857 7,500 Lake Dallas 7,000 2,530 7,000 Little Elm 22,650 1,931 22,650 RTC BYLAWS -2008 REPRESENTATION DATA City/County Population Employment Pop/Emp Maximum Tarrant County Fort Worth 702,850 455,356 702,850 Arlington 369,150 174,365 369,150 N. Richland Hills 65,750 27,560 65,750 Bedford 49,450 25,988 49,450 Euless 54,000 29,874 54,000 Hurst 38,750 32,030 38,750 Grapevine 47,150 92,073 92,073 Haltom City 39,500 19,853 39,500 Mansfield 53,200 18,630 53,200 Benbrook 23,450 7,455 23,450 Watauga 24,250 8,888 24,250 Keller 38,400 12,502 38,400 Southlake 26,100 25,786 26,100 Colleyville 22,500 12,968 22,500 Forest Hill 11,950 5,611 11,950 White Settlement 16,150 22,788 22,788 Saginaw 19,250 11,001 19,250 Azle 10,950 5,335 10,950 Crowley 11,750 3,523 11,750 River Oaks 7,300 3,408 7,300 Everman 5,800 2,146 5,800 Kennedale 6,450 4,359 6,450 Richland Hills 8,350 8,797 8,797 Ellis County(partial) minus cities of 62,978 53,554 62,978 Ennis 18,900 12,198 18,900 Waxahachie 28,300 17,753 28,300 Midlothian 14,550 7,416 14,550 Red Oak 9,350 3,915 9,350 Johnson County (partial) minus cities of 71,126 60,784 71,126 Burleson 33,250 14,224 33,250 Cleburne 30,300 22,657 30,300 Keene 6,300 3,273 6,300 Rockwall County minus city of 44,600 22,631 44,600 Rockwall 31,400 13,468 31,400 Kaufman County (partial) minus city of 22,369 58,506 58,506 Forney 12,400 4,235 12,400 Parker County(partial) 25,720 71,325 71,325 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2008 Item Number: 4 (City Secretary's Use Only) Department: Purchasing Prepared By: Jim Holcomb Account Code: Date Prepared: June 25, 2008 Budgeted Amount: Exhibits: Resolution, Bylaws, Articles Subject Consider, and act upon, Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the Purchasing Agent as the City's representative. Recommendation Motion to approve Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the Purchasing Agent as the City's representative. Discussion Cities Aggregation Power Project, Inc. (CAPP) was created in 2001 as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower, more stable rates through bulk purchasing. Aggregation is the legal term used to describe this cooperative group purchasing of electricity. CAPP membership is open to any political subdivision and the group currently has over 100 members, including most of the municipalities in North Central Texas. There is a one time initial membership fee equal to one half of one per cent of the member's total annual electric bill for the preceding year and a recurring aggregation fee of$.00015 per kilowatt hour. Based on the City of Wylie's billing history, the initial membership fee would be approximately $3,500 and the aggregation fee would amount to about $500 annually. A 2005 study of the City's electric load requirements projected annual savings of 10.89% with CAPP which would have amounted to nearly $50,000 for that year. Actual savings are likely to be much higher now due to subsequent rate increases and rising fuel rates that are factored in to electrical energy costs. Since deregulation, CAPP members have saved more than 90 million dollars with average savings of 21%off the "price to beat". Approved By Initial Date Department Director City Manager ,�� Page 1 of 1 RESOLUTION NO. 2008-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC., A POLITICAL SUBDIVISION CORPORATION; ACCEPTING MEMBERSHIP IN SAID CORPORATION; APPOINTING A REPRESENTATIVE TO SERVE ON BEHALF OF THE CITY OF WYLIE, TEXAS; APPROVING PAYMENT OF AN INITIAL MEMBERSHIP FEE. WHEREAS, Chapter 304 of the Texas Local Government Code, entitled Energy Aggregation Measures for Local Governments, allows political subdivisions to form a political subdivision corporation to act as an agent to negotiate the purchase of electricity, or to likewise aid or act on behalf of the political subdivisions for which the corporation is created, with respect to their own electricity use for their respective public facilities; and WHEREAS, Cities Aggregation Power Project, Inc. ("CAPP") is a political subdivision corporation organized under said Chapter; and WHEREAS, more than one hundred cities and other political subdivisions have joined CAPP since the Texas electric retail market deregulated January, 2002; and WHEREAS, CAPP member cities and other political subdivisions work collaboratively with the assistance of legal and procurements experts hired by CAPP to negotiate lower cost, stable, reliable electric power; and WHEREAS, the negotiation for electricity by the corporation should result in lower, more stable electricity costs to the City of Wylie, Texas; and WHEREAS,the City of Wylie, Texas seeks to become a Member of CAPP; and WHEREAS, CAPP By-Laws require an initial membership fee of 1/2 of 1% of the total annual electric bill of the last full year of billing information available prior to membership application. Such fee shall not exceed $14,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS: Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The Articles of Incorporation and Bylaws of CAPP, a political subdivision corporation, attached hereto and incorporated herein for all purposes as Exhibits A and B respectively, are hereby approved. Resolution No.2008-25(R) Cities Aggregation Power Project,Inc.(CAPP) Accepting Membership/Appointing Representative Approving Articles of Incorporation and Bylaws Section 3. The City of Wylie accepts Membership in CAPP. Section 4. The City of Wylie approves payment of an initial fee assessment equivalent to V2 of 1% of the total annual electric bill of the last full year of billing information available prior to membership application. Such fee shall not exceed $14,000. Section 5. The City of Wylie hereby appoints the Purchasing Agent to serve as the City of Wylie's representative to the corporation and to act on the City of Wylie's behalf. Section 6. All Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. Section 7. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 7. This Resolution shall take effect immediately from and after its adoption and it is accordingly so resolved. Section 8. A copy of this Resolution shall be sent to Jay Doegey, CAPP Board Chair, c/o City of Arlington City Attorney's Office, MS 63-0300, P.O. Box 90231, Arlington, Texas 76004- 3231, along with the initial assessment fee. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 8th day of July, 2008, by a vote of ayes and nays at a regular meeting of the City Council of the City of Wylie, Texas. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney Resolution No.2008-25(R) Cities Aggregation Power Project, Inc. (CAPP) Accepting Membership/Appointing Representative Approving Articles of Incorporation and Bylaws FILED In the Office of the Secretary of State of Texas ARTICLES OF AMENDMENT OCT 0 6 2006 OF Corporations Section CITIES AGGREGATION POWER PROJECT, INC. Pursuant to the provisions of article 1396-4.03 of the Texas Non-Profit Corporation Act, the undersigned corporation adopts the following Articles of Amendment: 1. The Name of the Corporation is Cities Aggregation Power Project, Inc. 2. The following amendments to the Articles of Incorporation were adopted on October 6,2005. The following Articles Three and Four were added to read as follows: ARTICLE THREE The corporation is a non-profit political subdivision corporation under Chapter 304, Texas Local Government Code, entitled "Energy Aggregation Measures for Local Governments,"as amended. ARTICLE FOUR The corporation has been organized for the purposes of purchasing electricity, aiding or acting on behalf of its members with respect to their own electricity use for their respective public facilities and that of their citizens, negotiating on behalf of its members for the purchase of electricity, making contracts for the purchase of electricity, and taking any other actions necessary to purchase electricity for use in the public facilities of the political subdivision or subdivisions represented by the corporation, and for all other purposes as may be permitted by law for political subdivision corporations. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this Article. The corporation hereby pledges all of its assets for use solely in performing the corporation's aforementioned purposes. Upon dissolution of the corporation, (1) all liabilities and obligations of the corporation shall be paid, satisfied, and discharged, (2) all assets held by the corporation upon a condition requiring return, transfer or conveyance, which condition occurs because of the corporation's dissolution, shall be returned, transferred or conveyed in accordance with such requirements and (3) all remaining assets of the corporation shall be distributed to the corporation's members, pursuant to a plan of distribution adopted by the Board of Directors. 3. The amendment was adopted at a meeting of members held on October 6,2005, at which a quorum was present, and the amendment received at least two-thirds of the votes which members present or represented by proxy were entitled to case. The undersigned incorporator,who is over the age of eighteen(18) and is a citizen of the State of Texas, signs these Articles of Incorporation subject to the penalty imposed by Article 9.03A, Texas Non-Profit Corporation Act. Jay D $yy Chai Cities Aggregation Power Project,Inc. THE STATE OF TEXAS § COUNTY Olin id,L, § BEFORE ME, a notary public, on this day personally appearedy Dse c y known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this ad,day of 006. < ; ,:° --/ifa.4.6,_../„0‘.. L2 - PAT M Notary Public, State of Texas MY COMMISSION EXPIRES My Commission Expires: �`e3h,e9 Msy Revised April 2005 BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC. ARTICLE I. Name and Purpose 1.1 Name. This corporation shall be known as Cities Aggregation Power Project, Inc. 1.2 Purpose. The corporation has been organized for any and all lawful business for which corporations may be organized under the Texas Non Profit Corporations Act, for the purposes of purchasing electricity, aiding or acting on behalf of its Members with respect to their own electricity use for their respective public facilities and that of their citizens, negotiating on behalf of its Members for the purchase of electricity, making contracts for the purchase of electricity, and taking any other actions necessary to purchase electricity for use in the public facilities of the political subdivision or subdivisions represented by the corporation, for the purposes of acting as a local cooperative organization to purchase goods and services for its members, and for all other purposes as may be permitted by law for political subdivision corporations. ARTICLE II. Board of Directors 2.1 Composition. There shall be a Chair and a Vice Chair on the board and such other directors as required for the performance of duties. 2.2 Powers. The affairs of the Corporation shall be managed by the Board of Directors, which may exercise all such powers of the corporation and do all such lawful acts and things as are not prohibited by statute, by the Articles of Incorporation of the Corporation, or by these Bylaws. By illustration and without limitation, included among the powers of the Board of Directors is the power to negotiate the purchase of electricity, aid or act on behalf of the political subdivisions for which the corporation is created, make contracts for the purchase of electricity, purchase electricity, and take any other action necessary to purchase electricity for use in the public facilities or by the citizens of the political subdivision or subdivisions represented by the Corporation; provided, however, no Member shall be obligated under any such contract unless the Member approves such contract. 2.3 Number, Tenure and Qualification. (a) Directors shall be elected to the Board at annual meetings of the Members as hereinafter described from a slate presented by the Board and from nominations by Members. A Nominating Steering Committee shall be appointed by the chair and shall assemble and publish said nominations for a vote of the membership. Nominations for membership on the Board made by Members shall not be considered at any meeting of the Members unless such nomination has been presented in writing, signed by the Member or Members proposing the same, and filed with the Secretary of the Corporation at least sixty (60) days prior to the date of the meeting at which said nominations are to be considered. Nominations for Board positions are open to the entire membership. From the nominations so made and no others, and from the slate presented by the Nominating Steering Committee to the Board, Directors shall be elected, and the person or persons receiving the highest number of votes shall be declared elected. If the election of Directors shall not be held on the day designated herein for any annual meeting of the Members, or at any adjournment thereof, the Board shall cause the election to be held at a special meeting of the Members, which shall be convened as soon thereafter as is possible. (b) The Board of Directors shall consist of 10 members. Places 1, 2, 3, 4, 5, 6 and 10 will be selected by electricity consumption through CAPP. "At Large" places 7, 8 and 9, will be filled with the candidate receiving the highest votes after the board places are filled for places 1, 2, 3, 4, 5, 6 and 10. The Board shall appoint a nominating committee which shall divide the membership by kWh usage through CAPP. Directors serving in place numbers that are odd shall be elected in odd numbered years and directors serving in place numbers that are even shall be elected in even numbered year. The usage allocation will be determined as follows: Places 1 and 2 30 million kWh,but less than 350 million kWh Places 3 and 4 At least 15 million kWh, but less than 30 million kWh Places 5 and 6 Less than 15 million kWh Places 7,8,9 At Large Place 10 350 million kWh, or more The number of Directors may be increased or decreased by resolution of the Board, but no increase shall have the effect of shortening the term of an incumbent Director. (c) Only the CAPP member's officially designated CAPP representative is entitled to vote. One vote shall be cast for each place on the ballot and no more than one vote may be cast for the same nominee. If voting results in a tie vote for any Board Place, the Chairman will call for a run-off election. Each CAPP Representative will be asked to cast one vote per Board Place. The member receiving the most votes will be declared the winner. (d) Each Director of the Board must be an elected official or full-time salaried employee of a Member. Any Director who is an official or full-time salaried employee of an entity that ceases to be a Member participant of the Corporation, and any Director who ceases to be an official or full-time salaried employee of a Member, shall be automatically disqualified to serve as a Director, and the position shall become vacant, such vacancy to be filled in the manner provided in Section 2.5 of this Article II. 2.4 Removal. Directors may be removed from office, with or without cause, by an affirmative vote of the majority of the Members then entitled to vote at an election of the Directors at an annual meeting of the Members or a meeting called expressly for that purpose; provided, no action to remove any Director shall be sufficient unless written 2 notice that such action is to be considered shall have been given to all Members by the Chair or Secretary at least sixty (60) days before the meeting. 2.5 Vacancies. Any Director may resign at any time by giving written notice to the Secretary of the Corporation. Such resignation shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any vacancy occurring in the Board may be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum. A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Any place on the Board to be filled by reason of an increase in the number of Directors shall be filled by the affirmative vote of a majority of the Directors then in office. A Director chosen to fill a position resulting from an increase in the number of Directors shall hold office until the next annual meeting of Members, at which time a successor shall be elected to serve until the expiration date set for his or her designated place. 2.6 Regular Meetings. A regular meeting of the Board shall be held annually in conjunction with the annual meeting of Members, for the purpose of organization, election of officers, and consideration of any other business that properly may come before the Board. The Board may provide, by resolution, the time and place for the holding of additional regular meetings. 2.7 Special Meetings. Special meetings of the Board may be called by the Chair of the Board or at the written request of any two Directors. The person or persons authorized to call special meetings of the Board may fix the place for holding any special meeting of the Board so called. If no place is fixed, the place of meeting shall be the principal office of the Corporation in Texas. 2.8 Voting; Quorums. A majority of the number of Directors described in by Section 2.3 shall constitute a quorum for the transaction of business. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board, provided, however, the Board may, by resolution, delegate any of its powers in whole or in part, temporarily or permanently, to any Director or committee of Directors then acting; any such delegation shall be by written instrument filed in the records of the Corporation. 2.9 Notice of Meetings. Notice for board meetings shall be provided to all Directors and Members either by mail not less than seventy-two (72) hours before the date of the meeting, by telephone, telegram, or telecopy on twenty-four (24) hours notice or on such shorter notice as the person or persons calling such meeting may deem necessary or appropriate in the circumstances. 2.10 Informal Action by Directors. Any action required to be taken at a meeting of the Directors, or any other action which may be taken at a meeting of the Directors, may be taken without a meeting if a consent or consensus in writing, setting forth the action so 3 taken, shall be signed by all of the Members with respect to the subject matter thereof. Such consent or consents shall have the same force and effect as a unanimous vote of the Directors. 2.11 Compensation. Duly elected or appointed Directors shall serve without compensation, but shall be reimbursed for reasonable costs of travel, meals, lodging and incidental expenses while on official business for the Corporation. 2.12 Reliance on Professionals and Experts. Directors are authorized to rely on information, opinions, reports and statements, including financial statements and other financial data, prepared or presented by others to the fullest extent permitted by applicable law. 2.13 Executive Committee. The Chair of the Board may appoint an Executive Committee of the Board to handle the affairs of the Board when regular or special Board meetings are not in session, with such functions as may be designated to the Executive Committee by the Board through a resolution properly adopted. The Executive Committee may consist of the Chair, Vice-Chair, and one or two other Directors as designated by the Chair. 2.14 Other Committees. The Chair is authorized to form any committees as needed in order to assist the Board with its information gathering and deliberations. 2.15 Specific Powers and Duties. The Board, in addition to other powers and duties herein conferred, imposed, and authorized by law, shall have the following powers and duties: (a) It shall carry out all of the duties necessary for the proper operation and administration of the Corporation on behalf of the Members and to that end shall have all of the powers necessary and desirable for the effective administration of the affairs of the Corporation. (b) It shall be authorized to contract with any qualified individual, firm or organization to perform any of the functions necessary for the effective administration or operation of the Corporation, or to provide for the fiscal protection of the Corporation or in keeping with its fiduciary responsibilities as Directors. (c) It may hire attorneys, accountants, consultants, or such other professional persons that it may deem necessary aid to or for the Corporation. Those persons shall be paid as provided in the contract for hire as executed by the Chair of the Board. (d) It shall have the general power to make and enter into all contracts, leases and agreements necessary or convenient to carry out any of the powers granted under these bylaws or by any other law. (e) It shall provide for an annual audit of the books of the Corporation to be supplied to the Membership within 120 days following the close of each Corporation Year, or as soon thereafter as practicable. 4 (f) It shall have the authority to terminate membership of any Member that fails to abide by the reasonable requirements of the Board concerning payment of annual dues or aggregation fees as provided in Article V, cooperate with any of the agents hired to provide administrative services on behalf of the Board, or takes any other action that may be detrimental to the Corporation. (g) It may collect interest on all past due accounts not to exceed the amounts allowed under applicable law. ARTICLE III. Officers 3.1 Generally. The Board shall elect from among their number a Chair of the Board and a Vice-Chair of the Board. The Board shall designate a Secretary, who may or may not be a Director, to keep the minutes and the records of the Board. The Board may appoint such other officers, assistant officers, committees and agents, including a treasurer, assistant secretaries and assistant treasurers, as they may consider necessary, who shall be chosen in such manner and hold their offices for such terms and have such authority and duties as may from time to time be determined by the Board. No person may simultaneously hold two offices. In all cases where the duties of any officer, agent or employee are not prescribed by the bylaws or by the Board, such officer, agent or employee shall follow the orders and instructions of the Chair of the Board. 3.2 Election; Tenure. The Chair of the Board, the Vice-Chair, and the Secretary shall be elected at the organizational meeting of the Board. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as a meeting may be conveniently convened. Other officers may be chosen by the Directors at such meeting or at any other time. Each officer shall hold office until the first of the following occur: until his or her successor shall have been duly elected and shall have qualified; or until his or her death; or until he or she shall resign; or until he or she shall be disqualified pursuant to these bylaws; or until he or she shall have been removed in the manner hereinafter provided. 3.3 Removal. Any officer or agent may be removed by majority vote of the entire Board for cause or without cause whenever in its judgment the best interests of the Corporation will be served thereby. Neither notice nor a hearing need be given to any officer or agent proposed to be so removed. Election or appointment of an officer or agent shall not in itself create contract rights. 3.4 Vacancies. A vacancy in any office, however occurring, may be filled by the Board for the unexpired portion of the term. 3.5 Powers and Duties of the Chief Executive Officer. The Chair of the Board shall be the Chief Executive Officer of the Corporation. Subject to the control of the Board and the Executive Committee, the Chief Executive Officer shall have general executive charge, 5 management and control of the properties, business and operations of the Corporation with all such powers as may be reasonably incident to such responsibilities; may agree upon and execute all leases, contracts, evidences of indebtedness and other obligations in the name of the Corporation; and shall have such other powers and duties as designated in accordance with these bylaws and as from time to time may be assigned to him or her by the Board. He or she shall preside at all meetings of the Members and of the Board. 3.6 Vice-Chair. The Vice-Chair shall assist the Chair and shall perform such duties as may be assigned to him or her by the Chair or by the Board. In the absence of the Chair, the Vice-Chair shall have the powers and perform the duties of the Chair. In addition, the Vice-Chair shall have such other powers and duties as from time to time may be assigned to him or her by the Chair or by the Board. 3.7 Secretary. The Secretary shall: (a) keep the minutes of the proceedings of the Members, the Executive Committee and the Board; (b) see that all notices are duly given in accordance with the provisions of these bylaws or as required by law; (c) be custodian of the records and of the seal of the Corporation and affix the seal to all documents when authorized by the Board; (d) keep at the Corporation's principal place of business within the State of Texas a record containing the names and addresses of all Members; and (e) in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the Chair or by the Board. 3.8 Executive Director; Other Officers. The Board may select and appoint an Executive Director and any other employees to serve at the pleasure of the Board. At the discretion of the Board, the Executive Director may be an independent contractor or an employee of the corporation. The Executive Director and any other such employees duly selected and appointed employees shall receive such compensation and other benefits as the Board may determine, and, additionally shall be entitled to reimbursement of expenses for attendance at official meetings of and official functions for the Corporation. ARTICLE IV. Membership 4.1 Eligibility. Any political subdivision that approves the Articles of Incorporation and these Bylaws by ordinance, resolution, or order adopted by the governing body of the political subdivision and that purchases electricity for one or more of their respective public facilities is eligible for membership in Cities Aggregation Power Project, Inc., subject to the right of the Board to determine eligibility and conditions of membership, and subject further to the authority of the Board to terminate membership of any Member as provided herein, or in any agreement made between the Member and the Corporation. 4.2 Representation. Each Member shall appoint, by formal action by its governing body, a representative to act for it at the meetings of Members and shall give to the chair of the Board of Directors in writing the name of the person thus appointed. Only appointed representatives may act on behalf of Members in the conduct of business of the 6 corporation. If at any time a Member withdraws from participation or otherwise has its membership status terminated, that Member shall no longer have a representative in the Membership, on the Board, or on any committee of the Corporation. Each Representative will serve until a successor is appointed. 4.3 Withdrawal. Any Member may withdraw from participation in the activities of the Corporation at any time upon thirty (30) days notice, whereupon it shall cease to be a Member, shall cease to be entitled or obligated to participate in the activities of all committees and subcommittees of the Board of Directors and shall have no further obligations as a Member; provided, however, that if such notice is given more than thirty (30) days after such Member's receipt of its statement of annual dues, fees and expenses for a fiscal year, the Member shall be obligated to pay for the full fiscal year within which such termination is effective. 4.4 Voting Rights. Voting rights are limited to Members. Each Member shall be entitled to one vote in any regular or special meeting of the members upon all matters of business. Such vote may be exercised in person or by mail by a representative of the Member duly authorized in writing; provided, however, that proxy and cumulative voting shall be prohibited. 4.5 Annual Meetings. The annual meeting of the Members shall be held at a time and on a date selected by the Chair of the Board, with written notice to each Member, for the purpose of electing Directors, receiving the annual report from the Board, and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of Texas, such meeting shall be held on the next succeeding business day. 4.6 Special Meetings. Special meetings of the Members, for any purpose, unless otherwise prescribed by statute, may be called by the Board, and shall be called by the Chair of the Board or by the Secretary at the request of not less than one-tenth (1/10) of all of the outstanding Members of the Corporation. 4.7 Place of Meeting. The Board may designate the place for any annual meeting or for any special meeting called by the Board. If no designation is made, or if a special meeting shall be called otherwise than by the Board, the place of meeting shall be the principal office of the Corporation in Texas. 4.8 Notice of Meeting: Voting by Ballots Forwarded by Mail. (a) Written or printed notice stating the place, day and hour of the meeting, and, in case of a special meeting, the purposes for which the meeting is called, shall be delivered, not less than ten (10) nor more than fifty (50) days before the date of the meeting (either personally, e-mail, facsimile or by mail), by or at the direction of the Chair of the Board or the Secretary to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. In order that Members may vote by mail, each notice of meeting shall include a 7 ballot containing each issue to be voted at that meeting and instructions as to the date by which such ballot must be postmarked in order for the vote to be counted. (b) Whenever notice is required in this Section 4.8 of Article IV, a waiver thereof in writing signed by the Member, whether before, at, or after the time stated therein, shall be equivalent to such notice. By attending a meeting, a Member waives objections to lack of notice or defective notice of such meeting unless the Member, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. Further, a Member waives objection to consideration at such meeting of a particular matter not within the purpose or purposes described in the meeting notice unless the Member objects to considering the matter when it is presented. 4.9 Quorum. A quorum for the election of Directors, and conducting normal business at all meetings of the Members shall be twenty-five percent of the Members present in person or voting by mail. 4.10 Informal Action by Members. Any action required to be taken at a meeting of the Members, or any other action which may be taken at a meeting of the Members, may be taken without a meeting if a consent or consents in writing, setting forth the action so taken, shall be signed by all of the Members with respect to the subject matter thereof. Such consent or consents shall have the same force and effect as a unanimous vote of the Members. ARTICLE V. Funding 5.1 Generally. Funding of the corporation shall be by member political subdivisions through the assessment of dues or through an aggregation fee charged per kilowatt-hour, or a combination of both as determined appropriate by the Board of Directors. 5.2 Initial Membership Fee. The initial membership fee shall be based upon 'Y2 of 1% of the total annual electric bill of the last full year of billing information available prior to membership application. Such fee shall not exceed $14,000. The initial fee will be credited against future administrative fees. It is permissible for political subdivisions to pay the fee prior to formally joining the corporation and be credited with payment of the fee after a resolution approving the articles of incorporation and by-laws is passed by the political subdivision. 5.3 Board Authority. The Board shall have the authority to establish membership dues, an aggregation fee, or both, to be applicable to all Members of the Corporation. The Board may amend such dues and fees at its discretion. The Board shall have the authority to establish appropriate penalties that may be assessed against a Member for failure to pay the dues, aggregation fee, or both, established by the Board. 8 5.4 Statements. Membership fees will be billed annually; statements for other fees and expenses will be provided monthly as needed. Due dates for fees and expenses will be determined by the Board. 5.5 Books and Records. All Members of the corporation will have access to the books and records of the corporation, including financial statements and budgets; however, the Board of Directors may adopt policies that provide reasonable protection against the unnecessary disclosure of information to individual employees. ARTICLE VI. Indemnification 6.1 Liability. A Director, officer, employee or agent of the Corporation who performs his or her duties in good faith, in a manner he or she reasonably believes to be in the best interests of the Corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances, shall not have any liability by reason of being or having been a Director, officer, employee or agent of the Corporation and shall not have any liability for any action taken by any employee, agent or independent contractor selected with reasonable care, or for any loss incurred through the investment of or failure to invest monies of the Corporation or any Trust Account. No Director, officer, employee or agent shall be liable for any action taken or omitted by another Director, officer, employee or agent. 6.2 INDEMNIFICATION. EACH PERSON WHO AT ANY TIME SHALL SERVE, OR SHALL HAVE SERVED, AS A DIRECTOR, OFFICER, EMPLOYEE OR AGENT OF THE CORPORATION, OR ANY PERSON WHO, WHILE A DIRECTOR, OFFICER, EMPLOYEE OR AGENT OF THE CORPORATION, IS OR WAS SERVING AT ITS REQUEST AS A DIRECTOR, OFFICER, PARTNER, VENTURER, PROPRIETOR, TRUSTEE, EMPLOYEE, AGENT OR SIMILAR FUNCTIONARY OF ANOTHER FOREIGN OR DOMESTIC CORPORATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, TRUST EMPLOYEE BENEFIT PLAN OR OTHER ENTERPRISE, SHALL BE ENTITLED TO INDEMNIFICATION AS, AND TO THE FULLEST EXTENT, PERMITTED BY ARTICLE 1396 SECTION 2.22A OF THE TEXAS NON PROFIT CORPORATION ACT OR ANY SUCCESSOR STATUTORY PROVISION, AS FROM TIME TO TIME AMENDED, SUCH ARTICLE OR SUCCESSOR PROVISION, AS SO AMENDED, BEING INCORPORATED IN FULL IN THESE BYLAWS BY REFERENCE. THE FOREGOING RIGHT OF INDEMNIFICATION SHALL NOT BE DEEMED EXCLUSIVE OF ANY OTHER RIGHTS TO WHICH THOSE TO BE INDEMNIFIED MAY BE ENTITLED AS A MATTER OF LAW OR UNDER ANY AGREEMENT, VOTE OF DISINTERESTED DIRECTORS, OR OTHER ARRANGEMENT. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION PROVIDED IN THIS ARTICLE COULD INVOLVE INDEMNIFICATION FOR NEGLIGENCE OR UNDER THEORIES OF STRICT LIABILITY. 9 6.3 Advance Payment. The right to indemnification conferred in this Article VI shall include the right to be paid in advance or reimbursed by the Corporation the reasonable expenses incurred by a person of the type entitled to be indemnified under Section 2 who was, is or is threatened to be made a named defendant or respondent in a proceeding in advance of the final disposition of the proceeding and without any determination as the person's ultimate entitlement to indemnification; provided, however, that the payment of such expenses incurred by any such person in advance of the final disposition of a proceeding, shall be made only upon delivery to the Corporation of a written affirmation by such Director or officer of his or her good faith belief that he or she has met the standard of conduct necessary for indemnification under this Article VI and a written undertaking, by or on behalf of such person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified person is not entitled to be indemnified under this Article VI or otherwise. 6.4 Appearance as a Witness. Notwithstanding any other provision of this Article VI, the Corporation may pay or reimburse expenses incurred by a Director or officer in connection with his or her appearance as a witness or other participation in a proceeding involving the Corporation or its business at a time when he or she is not a named defendant or respondent in the proceeding. 6.5 Non-exclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this Article VI shall not be exclusive of any other right which a Director or officer or other person indemnified pursuant to this Article VI may have or hereafter acquire under any law (common or statutory), provision of the Articles of Incorporation of the Corporation or these Bylaws, agreement, vote of members or disinterested Directors or otherwise. 6.6 Savings Clause. If this Article VI or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify and hold harmless each Director, officer or any other person indemnified pursuant to this Article VI as to costs, charges and expenses (including attorneys' fees), judgments, fines and in amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal, administrative or investigative, to the full extent permitted by any applicable portion of this Article VI that shall not have been invalidated and to the fullest extent permitted by applicable law. ARTICLE VII. Code Of Conduct 7.1 Policy and Purposes. (a) It is the policy of the Corporation that Directors and officers conduct themselves in a manner consistent with sound business and ethical practices; that the public interest always be considered in conducting corporate business; that the appearance of impropriety be avoided to ensure and maintain public confidence in the Corporation; and that the Board establish policies to control and manage the affairs of the Corporation fairly, impartially, and without discrimination. 10 (b) This Code of Ethics has been adopted as part of the Corporation's Bylaws for the following purposes: (a) to encourage high ethical standards in official conduct by Directors and corporate officers; and (b) to establish guidelines for such ethical standards of conduct. 7.2 Conflicts of Interest. (a) Except as provided in subsection (c), a Director or officer is prohibited from participating in a vote, decision, or award of a contract involving a business entity or real property in which the Director or the officer has a substantial interest, if it is foreseeable that the business entity or real property will be economically benefitted by the action. A person has a substantial interest in a business (i) if his or her ownership interest is ten percent or more of the voting stock or shares of the business entity or ownership of$15,000 or more of the fair market value of the business entity, or (ii) if the business entity provides more than ten percent of the person's gross income. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of$2,500 or more. An interest of a person related in the first degree by affinity (marriage relationship) or consanguinity (blood relationship) to a Director or officer is considered a substantial interest. (b) If a Director or a person related to a Director in the first degree by affinity or the first degree by consanguinity has a substantial interest in a business entity or real property that would be pecuniarily affected by any official action taken by the Board, such Director, before a vote or decision on the matter, shall file an affidavit stating the nature and extent of the interest. The affidavit shall be filed with the Secretary of the Board. (c) A Director who has a substantial interest in a business entity that will receive a pecuniary benefit from an action of the Board may vote on that action if a majority of the Board has a similar interest in the same action or if all other similar business entities in the Corporation will receive a similar pecuniary benefit. (d) An employee of a public entity may serve on the Board. It is specifically recognized that as an official or employee of a public entity,that person's primary loyalty is to the political subdivision that employs them. It shall not be a conflict of interest for said Board member to express opinions or vote in a manner that reflects the self-interest of the public entity that the Board member represents. 7.3 Acceptance of Gifts. No Director or officer shall accept any benefit as consideration for any decision, opinion, recommendation, vote or other exercise of discretion in carrying out official acts for the Corporation. No Director or officer shall solicit, accept, or agree to accept any benefit from a person known to be interested in or likely to become interested in any contract, purchase, payment, claim or transaction involving the exercise of the Director's or officer's discretion. As used here, a benefit does not include: 11 (a) a fee prescribed by law to be received by a Director or officer or any other benefit to which the Director or officer is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as a Director or officer, (b) a gift or other benefit conferred on account of kinship or a personal, professional. or business relationship independent of the official status of the Director or officer; (c) an honorarium in consideration for legitimate services rendered above and beyond official duties and responsibilities if: (1) not more than one honorarium is received from the same person in a calendar year; (2) not more than one honorarium is received for the same service; and (3) the value of the honorarium does not exceed $50 exclusive of reimbursement for travel, food, and lodging expenses incurred by the Director or officer in performance of the services; (d) a benefit consisting of food, lodging, transportation, or entertainment accepted asa guest if reported as may be required by law. 7.4 Bribery. A Director or officer shall not intentionally or knowingly offer, confer or agree to confer on another, or solicit, accept, or agree to accept from another: (a) any benefit as consideration for the Director's or officer's decision, opinion, recommendation, vote, or other exercise of discretion as a Director or officer; (b) any benefit as consideration for the Director or officer's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or (c) any benefit as consideration for a violation of duty imposed by law on the Director or officer. 7.5 Nepotism. No Director or officer shall appoint, or vote for, or confirm the appointment to any office, position, clerkship, employment or duty, of an person related within the second degree by affinity or within the third degree of consanguinity to the Director or officer so appointing, voting or confirming, or to any other Director or officer. This provision shall not prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any such office, position, clerkship, employment or duty at least thirty (30) days prior to the appointment of the Director or officer so appointing or voting. 12 ARTICLE VIII. Miscellaneous Provisions 8.1 Fiscal Year. The fiscal year for the Corporation shall begin January 1 and end December 31. This fiscal year shall also be referred to as the Corporation Year. 8.2 Seal. The seal of the Corporation shall be such as from time to time may be approved by the Board. 8.3 Gender. References herein to the masculine gender shall also refer to the feminine in all appropriate cases, and vice versa. 8.4 Appropriations and Grants. The Corporation shall have the power to request and accept any appropriation, grant, contribution, donation, or other form of aid from the federal government, the State, any political subdivision, or municipality in the State, or from any other source. 8.5 Amendments. These bylaws may be amended by the Board after notice of the proposed amendments has been mailed to each Director of the Board at least ten (10) days prior to the day of the meeting to consider same. The Board shall recommend such changes as it deems necessary or desirable from time to time. Any amended Bylaws shall be signed by the Chair and attested to by the Secretary. A copy of any amendment shall be mailed immediately after its adoption to each Member. 8.6 Conflicts of Interest. Each Director, committee member and subcommittee member shall have an affirmative duty to disclose to the Board of Directors, the committee or subcommittee (as the case may be) any actual or potential conflicts of interest between such Director, committee member or subcommittee member, and the Corporation where, and to the extent that, such conflicts or potential conflicts directly or indirectly affect any matter that comes before the Board of Directors, or any committee or subcommittee. It shall not be a conflict of interest for a Director, committee member or subcommittee member to express opinions or vote the interests of the political subdivision Member that employs that individual. 13