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02-14-2006 (City Council) Agenda Packet
NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA February 14, 2006 6:00 p.m. Wylie Municipal Complex-Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CAU.,TO ORDER 4,41 46,44 INVOCATION&PLEDGE OF ALLEGIANCE x., CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda;Fare considered to be routine by the CityCity OK A � �a,� � � motion. There will not be separate"discussion`'of these items.If discuussion 1s deSii`e4 s 1404, r!9 3 a u a tl 1 e 4 . Consent Agenda and will be considered separately. A. Approval of the Minutes from the January 14, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon approval of Resolution No. 2006-04(R) ordering a General Election to be held jointly with the Wylie Independent School District and Collin County Community College on May 13, 2006 for the purpose of electing two city council members,Places 2 and 4, to the Wylie City Council to fill expired terms. (C.Ehrlich, City Secretary) C. Consider and act upon approval of a Joint Election Agreement between the City of Wylie, the Wylie Independent School District and Collin County Community College for the May 13, 2006 General Election. (C.Ehrlich, City Secretary) D. Consider and act upon approval of Final Plat for Woodbridge Addition Phase 10C. Subject property being generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. (M.Manson,Assistant City Manager) E. Consider and act upon approval of Final Plat for Woodbridge Addition Phase 10D. Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and IOC. (M.Manson, Assistant City Manager) F. Consider and act upon Resolution No. 2006-05(R) naming the south entrance road to Founders Park as Jerry Combest Street and the entrance road to Community Park adjacent to the Library as L anny Hale Street. (M.Sferra,Public Services Director) G. Consider and act upon authorizing the City Manager to enter into a contract for concessionaire services with Sunshine Concessions for such services at Founders Park and Community Park. (R.Diaz, Supervisor,Parks and Recreation) H. Consider and act upon awarding a construction contract to GT Construction, Inc., in the amount of $12,870.00, for the removal and replacement of approximately 1,500 square feet of concrete paving. (C.Holsted, City Engineer) I. Consider and act upon a request from Cub Scout Pack 1049 to have a fundraiser at the Bart Peddicord Community Center on February 25,2006.(R.Diaz,Supervisor,Parks and Recreation) Public Hearing 1. Hold a Public Hearing and consider and act upon Ordinance No. 2006-08 approving a change in zoning from Agricultural District to Single-Family 10 (SF-10/19) District, generally located west of Thomas Street and south of Stone Road. (M.Manson,Assistant City Manager) Executive Summary The applicant is proposing to develop single family residential lots on 4.5434 acres.The subject property will conform to the requirements of Single-Family Residential 10/19 of the current Zoning Ordinance. Comprehensive Plan recommends that the entire tract be developed as medium density(minimum 10,000 s.f.) lots.The requested residential density complies with this recommendation of the Comprehensive Plan. 2. Consider authorizing the City Manager to sign a Development Agreement, subject to approval by the City Attorney's Office,between the City of Wylie and Braddock Place Estates,Ltd.. (M. Roath/J. Fort, City Manager and City Attorney,Respectively) Executive Summary Planned Development District(PD)zoning was approved in 2005 for a 185 acre tract of land known as the Rice property or Braddock Place Estates. The PD set out the future land uses and development standards for the property but did not address the phasing of the development or establishment of benchmarks for the construction of the infrastructure. In addition, as a part of the first phase of construction, the developer is working with the City to build the Twin Lakes Outfall Sewer line which will serve the central portions of the City and eliminate the Twin Lakes sewer lift station. Tabled Item from 1-24-06 Motion to remove from table and: 3. Consider and act upon an Amended Solid Waste and Recycling Contract Between the City of Wylie and Allied Waste Systems,Inc. (M.Roath/J. Fort, City Manager and City Attorney,Respectively) Executive Summary The existing contract for solid waste and recycling was entered into on September 1, 2001 with Browning-Ferris, Inc., for a period of(5) years (see Exhibit "A"). Subsequently, the City approved an extension of the current contract to August 31, 2008 (see Exhibit"B"). In 2004,representatives of Trinity Waste Systems contacted the City staff to solicit changes to the existing contract as well as a rate increase. (Note: The City had granted the last solid waste/recycling increase in September, 2001.)Thereafter, the City Manager and Ms. Julie Fort, City Attorney Office, commenced negotiations with representatives of Trinity—that is, with the aim of improving service delivery for the remainder of the contract period and/or until August 31,2008. 4. Consider and act upon authorizing the Mayor to enter into an agreement with Public Sector Personnel Consultants,in the amount of$20,500.00,for compensation study services. (J.Butters, Chief of Police) Executive Summary The City Manager appointed a compensation task force made up of seven City employees. The task force is charged with overseeing a compensation study which will review our current pay plan and suggest updates and or revisions.The task force developed and published a Request for Proposal for compensation study consulting services. The City received (4) four proposals from consulting firms.Proposals were received from Public Safety Personnel Consultants,The Waters Group,The Archer Company and HayGroup. The compensation task force reviewed the proposals received and unanimously recommended Public Sector Personnel Consultants(PSPC). 5. Consider and act upon Resolution No. 2006-06(R) authorizing an amendment to the contract with the law firm of Linebarger Googan Blair & Sampson, LLP. for earlier turnover of delinquent personal property taxes. (Larry Williamson,Finance Director) Executive Summary The Legislature passed House Bill 2491, its omnibus property tax bill. Among the provisions is one which allows a taxing entity to turn over, to its delinquent tax law firm,delinquent personal property accounts as early as sixty(60) days after the February 1st delinquency date and to impose the delinquent collection penalty to defray the costs of collection. For purposes of the 2005 delinquent accounts (for bills that are sent out in October 2005), that 60-day turnover would be April 4, 2006. This legislation is beneficial to the City because it allows the collection process to start three months earlier on personal property. Unlike real estate, business personal property is mobile and often disappears. Many times, businesses close or move prior to our collection efforts. The April start, as opposed to the July start, will increase the opportunities to collect delinquent taxes from these businesses while they are still in business. 6. Consider and act upon approval of the purchase of a new Quint fire apparatus. (N. Flores, Assistant Fire Chie,f) Executive Summary Staff recommends approval for the purchase of the new Quint and the purchase to be fmanced by public property finance contractual obligations for a period of seven(7) years. The purchase of the Quint is for Station 3. This new fire station will require a new Quint. 7. Consider and act upon Ordinance No. 2006-09 establishing a four-way stop sign at the intersection of Park Blvd. and Blockton Way,located directly in front of McMillan Jr.High School. (J. Butters, Chief of Police) Executive Summary Currently there is a stop sign on Blockton Way at Park but there are not stop signs on Park. We began using temporary stop signs on Park at Blockton last school year to improve the flow of traffic and pedestrians during morning school drop off and afternoon pick-up. According to McMillan SRO, Officer Douglas, the temporary stop signs were a great help at that time. Councilman Young raised the question of a permanent four way stop at the intersection of Park and Blockton for safety purposes, to improve traffic flow, and in response to problems with the temporary signs. McMillan Principal John Peters, SRO Officer Douglas, and dayshift patrol officers all agreed that a permanent four way stop would be advantageous to that intersection. 8. Consider and act upon naming the 4th of July Concert and Fireworks show scheduled for Friday,June 30,2006. (R.Diaz,Supervisor,Parks and Recreation) Executive Summary Mark Witter, Public Information Officer, and Robert Diaz, Assistant Park and Recreation Superintendent, coordinated a naming contest in order to involve the public in selecting a name for the 4th of July fireworks event.This event was held for the first time in the summer of 2005. Although it was a part of the "Live in Wylie" summer concert series, the fireworks event was not formally named. The original 2005 event was a success, and funds have been approved for FY 2005-06 for another event which is now scheduled for Friday,June 30, 2006. The contest began in October 2005 with the publication of announcements in the ewylie electronic newsletter and on the main page of the city website. Entries were sent to Robert Diaz through December 16,2005. Staff reviewed approximately 40 submittals from residents, and four entries were selected and presented to the Park Board at the Board's December 19,2005 meeting. 9. Consider and act upon approval of Wylie as a venue for Panda Cup USA 2006, pending Wylie ISD approval. (R.Diaz,Supervisor,Parks and Recreation) Executive Summary On February 7,2006,City staff met with representatives of FC Texas and Panda Cup USA 2006 to discuss the possibility of Wylie hosting the final games and closing ceremonies at Pirate Stadium for Panda Cup USA 2006—International Soccer Tournament. FC Texas shared that Wylie was contacted with this opportunity due to us being an area with high growth,as a location with long-term potential and current soccer relationships in this region. 10. Consider and act upon acceptance of the resignation of Ronnie Rogers and the appointment of a new member to the Parks and Recreation Board for the unexpired term of February 2006 to July 2007. (M.Sferra,Public Services Director) Executive Summary Ronnie Rogers has resigned his position on the Parks and Recreation Board effective Monday,January 23,2006. Mr.Rogers has served on the Board since July 26, 2004; his term was renewed in the summer of 2005 to expire in June of 2007. The citizen that replaces Mr.Rogers will fill the remaining portion of his term that is set to end in June 2007. READING OF ORDINANCES TITLE,& CAPTION APPROVED BY COONCW; 't BY WYL E.CITY CHARTER,ARTICLE me SECTION 13-D►: " ', ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 10th day of February,2006 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTE S Wylie City Council Tuesday, January 24, 2006— 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom. Councilman Merrill Young was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, Administrative Assistant to the City Secretary, Gayle Walton and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Rev. Scott Babb of the Murphy Road Baptist Church gave the invocation and Mayor Pro Tem Hogue led the Pledge of Allegiance. PROCLAMATIONS AND PRESENTATIONS • 2ad Six Weeks Star Students—Character Trait of "Caring" Mayor Mondy and Mayor Pro Tern Hogue presented Certificates to students nominated for the character trait of "Caring". Correction was noted that this is the 3"Six Weeks Star Students. • Presentation by Verizon of the Fiber Optic Service Community Award (Verizon Representatives) Mr. Cesar Moncada, Director of External Affairs with Verizon, presented the Mayor and City Council with a Fiber Optic Service Community Award for its vision in advancing the city and in advancing technology. Mr. Moncada stated that with Fiber Optic,Verizon will be able to converge all of its network into one -crystal clear voice, very high speed data with almost limitless capacity and television signals and whatever else comes next. Mr. Moncada stated that the City of Wylie is one of the few cities in the nation that is going to have this network. On behalf of the City and the City Council, Mayor Mondy accepted the Fiber Optic Service Community Award. • Presentation of the Wylie Police Department 2005 Annual Traffic Contact Report (J.Butters, Chief of Police) Lt. Mike Atkison presented to the Mayor and City Council the Wylie Police Department 2005 Annual Traffic Contact Report. Lt. Atkison noted that Senate Bill 1074 requires that the Police Department gather traffic related contact data and to report the contact data to the governing body every year, no later than March of the following year. Lt. Mike Atkison stated that the 2005 Annual Traffic Contact Report meets and exceeds all of the requirements of Senate Bill 1074. Mayor Mondy asked for clarification regarding a vehicle search — Learning Objective, Paragraph 3.1.1. Lt. Mike Atkison addressed and clarified the right to search a vehicle. Minutes—January 24,2006 Wylie City Council Page 1 Mayor Mondy asked if this report means that we are not a racial profiling community and Lt. Mike Atkison concurred that this is correct. There were no further questions or comments. CITIZENS.PARTICIPAl.TION There was no one present to address Council. 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 ktmov 1. o ;the Consent Agenda and will be considered separately. A. Approval of the Minutes from the January 10, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Nat for Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M.544. (M.Manson,Assistant City Manager) C. Consider and act upon a Final Plat for Sage Creek Phase 9 Addition, generally located south of Sage Creek 8 Addition and north of Wooded Creek Addition. (M.Manson,Assistant City Manager) D. Consider and act upon a Final Plat for Sage Creek Phase 9A Addition, generally located south of Sage Creek 9 Addition and north of Wooded Creek Addition. (M.Manson,Assistant City Manager) E. Consider and act upon authorizing the City Manager to sign an Amended Water CCN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. (M. Roath, City Manager) F. Consider and act upon approval and final acceptance of the utility improvements along Cotton Belt, Jackson, and Cooper Streets and authorize final payment to Evergreen National Indemnity Company, in the amount of $58,241.45, and accept the project as complete. (C. Hoisted, City Engineer) G. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2005-2006. (R. Orozco,Library Director) H. Consider and act upon authorizing the Mayor to execute a Discretionary Service Agreement with TXU Electric Delivery Company and a Statement of Charges in the amount of $9,490.76 for the relocation of overhead electrical service lines in Olde City Park as part of improvements to Olde City Park. (M.Sferra,Public Services Director) I. Consider and act upon awarding a contract to C & G Electric, Inc. for the installation of lighting at the Founders Park Tennis Center and authorizing a change order to reduce the scope of work resulting in a total contract price of$84,680.00. (M. Sferra,Public Services Director) J. Consider and act upon a request from the Blackland Prairie Playground Foundation to use Founders Park for their "Spring Fest" on March 25, 2006. (R. Diaz, Asst. Superintendent, Parks and Recreation) Minutes—January 24,2006 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White, to approve all items of the Consent Agenda as presented. A vote was taken and passed 6-0. Councilman Young was absent. rrgMaYSHOMVIPila CONSIDIRATiOlsi AND ACTIQ T Tabled Item from 12-6-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Ordinance No. 2005-58, Revisions to the Comprehensive Zoning Ordinance, from the table for consideration. Consensus of Council was to remove from the table and consider. 1. Continue a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council stating that there are two Public Hearing items for Council consideration,both are to consider amendments to the Zoning Ordinance. Mrs.Manson stated this item before Council is to consider amendments to Article 3 and Article 4 of the Zoning Ordinance which deals with the residential and non-residential design criteria and uses,respectively. Within the Residential regulations, one of the largest changes is the recommendation to delete the category SF8.5 which is the zoning district that allows the 8500 square foot minimum lot size and therefore, this would make conventional single family detached houses, the smaller lot sizes of 10,000 square feet. There have been adjustments made to the minimum structural sizes of the house and the clarification is that the square footage is exclusive of patios,garages and porches and is comprised of air conditioned space. This has been added to the Zoning Ordinance. There are some additional design standards that have been added to strengthen the Residential Zoning District. There is a provision that 20% of the exterior façade needs to be a design in the brick or alternate stone, or some kind of alternative to provide a little more variety or avoid the cookie cutter appearance of some of the Residential Zoning Districts. Within the Non-residential District-the Commercial and Industrial District,one of the primary differences that is being recommended is to drop the Business Center Zoning District which is a zoning category that we have had and also some land zoned this way but it has proven to be a cumbersome zoning district and has put somewhat overly restrictive setbacks on some of the property owners. The recommendation is to delete the Business Center Zoning District completely. Also, rather than have the single Industrial Zoning District, this district is to be split into Light Industrial Zoning District and Heavy Industrial Zoning District. In general, the parallel is that the type of uses allowed in the Business Center Zoning is allowed in the Light Industrial Zoning. This has been discussed several times with the Planning and Zoning Commission and they do recommend approval. Council Discussion Mayor Pro Tern Hogue asked if something happened to a house built on a SF8.5 zoning such as the house being burnt to the ground and had to be rebuilt, how it would this situation be addressed. Mrs. Manson stated that in an earlier revision submitted to Council, there was some thought to having an "infill zoning category". However, upon further review, it presented in some ways more problems in dealing with conforming uses. Mrs.Manson stated that presented with a similar situation of a house being burnt, staff looks at when the house was platted and what the zoning regulations were in place at the time it was platted and for the most part,those standards are applied. There is also a provision that is somewhat related that states that,particular in an infill development or an older area that if 60 percent or more of a house in a block are frame houses then a frame house can be built and is to blend in with the character of the neighborhood. Mayor Pro Tem Hogue stated that his main concern was if you have a 2200 square foot home that burns to the ground, you can rebuild that house in that neighborhood on that lot. Mrs. Manson stated that in this instance, a house could be rebuilt on that particular lot and the Zoning Ordinance deals with nonconformance uses and nonconformance structures and there have not been any Minutes—January 24,2006 Wylie City Council Page 3 recommended changes with the Zoning Ordinance regarding this and that state law continues to strengthen property rights with what is invested. Mrs. Manson further stated that if such a house was rebuilt, it would have to be built up to code. Mayor Pro Tem Hogue asked if,in regards to items No. 1 and 2,there were any attendance problems with the Planning and Zoning Commission members. Ms.Manson stated that there are no chronic problems with attendance by the Planning and Zoning Commission members. Mayor Mondy opened the Public Hearing. No one was present to address Council Mayor Mondy closed the Public Hearing. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. A vote was taken and passed 6-0. Councilman Young was absent. Public Hearing 2. Hold a Public Hearing and consider and act upon Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council regarding the use regulations of Article 5 which constitutes the use chart that sets out the districts and their uses, any eliminations and additions of the Zoning Districts in Articles 3 and 4. Article 5 needs to be amended to reflect these uses. Mrs. Manson stated that Planning and Zoning Commission did have a public hearing on this item and in general the uses were adjusted to reflect that what was previously Business Center Use is now reflected Light Industrial and Industrial is now reflected as Heavy Industrial with some minor changes. The Planning and Zoning Commission did consider this at their last meeting and recommended approval to Council 4-0. Council had no questions or comments. Public Hearing Mayor Mondy opened the Public Hearing. There was no one present to address Council. Mayor Mondy closed the Public Hearing. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tem Hogue to approve Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City- Wide Zoning Map. A vote was taken and passed 6-0. Councilman Young was absent. 3. Consider and act upon Ordinance No. 2006-05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00 (Right-of-Way Abandonment Fee). (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council stating that there is a provision currently within the fee schedule of the City Ordinance that addresses the process that the city follows in selling property. In part the Minutes—January 24,2006 Wylie City Council Page 4 language is somewhat in conflict with state law and has created a little confusion particularly in dealing with street and alley abandonments. The recommendation by staff is to repeal or delete that particular section of the code. State law governs the process so it is not necessary for this to addressed at a local level. Staff recommends approval. Council Discussion Mayor Mondy asked for clarification regarding the statement"precludes giving property away"and stated that the City has always placed a value on property. Mayor Mondy then asked if we are getting away from placing a value on an alley and just giving it away. Ms. Manson said that this is not the case and that there is a section in the State Law that says that depending upon the circumstances, it sets off a process that the City follows to dispose of property. Under certain circumstances we have the option to go through a bidding process or auction. In some instances where you determine fair market value,there is different criteria depending on whether there is adjacent property owners or if you are just opening it up for bids. Mrs.Manson further stated that how the state law addresses it depends on the situation,and that the language in this ordinance doesn't tell the whole story on what it references in State Law. Mayor Mondy asked if State Law says that you can give it away. Mrs. Manson stated that under certain circumstances you can sell it for less than fair market value whatever that is deemed to be. Councilwoman Allen asked if that would be a dollar or anything under fair market value. City Manager Roath stated that one of the aspects is that you have a situation where you don't have much of a piece of property to sell and yet you would be required under our current Ordinance to have an appraisal which would actually cost you more than you might receive,than what the property is worth and just reverting back to State Law allows Council to have more flexibility. Mrs. Manson stated provisions that we have in place ties the Council hands more than anything and that State Law allows more flexibility. Mayor Mondy asked how does that prevent abuse,who makes the decision on a property being less than fair market value. City Manager Roath and Mrs.Manson stated that the decision is made by the City Council. Mayor Mondy asked what occurs if Council does not approve this. Ms.Manson stated that we will abide by the local regulations. Mayor Mondy asked Attorney Julie Fort of the City Attorney's Office what would occur if we did not approve this and Ms. Fort stated that the existing section that we have in the code would remain if we don't approve it and what is written doesn't make sense because it is called a right of way abandonment fee and that in actuality there is no fee for abandoning right of way. Ms.Fort further stated that you can abandon property as right of way and still own the property and that what should be done is to sell it or exchange it or get some value for the underline ownership,not for the right of way that you have just abandoned and therefore, there really isn't such a thing as getting a fee for abandonment of right of way. Any compensation you get is for actual transfer of title. Attorney Fort stated that what the City has doesn't make any sense and it just inhibits the City from having different options as far as selling property that State Law allows. Councilman Porter asked Attorney Fort if she is aware of any other cities of the state that are having any kind of problem with State Law,using the State rules as they are. Attorney Fort stated no,that it actually works pretty well. There were no further questions or comments. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Ordinance No. 2006- 05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00 (Right-of-Way Abandonment Fee).. A vote was taken and passed 6-0. Councilman Young was absent. 4. Consider and act upon an Amended Solid Waste Recycling Contract between the City of Wylie and Allied Waste Systems, Inc. including a rate increase. (M. Roath/J. Fort, City Manager and City Attorney,Respectively) Staff Comments City Manager Roath addressed Council stating that the City entered into a contract with Brown and Ferris in September 2001 and then in approximately 2003 the city extended that contract to August 31, 2008. Subsequently in 2003 there was an amendment to the contract and at that time,Trinity Waste Management Systems had been assigned a contract to provide solid waste services to the City. City Manager Roath also stated that in 2004, representatives of Trinity Waste Systems approached the city twofold. One, with regards to trying to incorporate the changes that were made in 2003 into one contract,and secondly, for the City to consider a rate increase since they had not had a rate increase since September 2001. Minutes—January 24,2006 Wylie City Council Page 5 City Manager Roath stated that at that time he enlisted the City Attorney's office for assistance and Attorney Julie Fort was kind enough to step up to the plate and assist in putting this contract together. City Manager Roath and Attorney Fort worked with the representatives of Trinity Waste Systems which is now Allied Waste Systems and representatives were present to answer any questions of Council. City Manager Roath also stated that Mr.Reid Donaldson,General Manager of Allied Waste Systems and his legal staff met to try and put together a document that would improve the City's current contract and incorporate the amendments that were made in 2003 for at least the remainder of the contract period which is to August 31,2008.City Manager Roath stated that during this process, staff were confronted with some issues with regard to trying to improve the City's recycling service and because the contract negotiations extended out for a period of time and up to this period of time, the representatives for Allied Waste Systems indicated that they did not feel that the cost to implement the improvements and recycling could be amortized in the short time remaining on the contract. Therefore, an alternative was chosen in regards to improvements to the recycling portion of the contract that would be an additional cost of$1.03. City Manager Roath provided to Council a packet of citizen concerns that were received by the City over a period of time along with a memorandum from Mr. Donaldson. City Manager Roath informed Council that such concerns were presented to Allied Waste as they routinely came up. City Manager Roath further stated that the long and short of it is that we currently have a contract with Allied Waste System until August 31,2008 and Allied Waste System has requested a rate increase and in all fairness to them, they have not had a rate increase since September, 2001. City Manager Roath stated that the City is confronted with a two fold issue sort of like the chicken and egg situation,do you give the increase and then expect improved service for the remainder of the contract period or is this ultimately the issue that Council needs to focus on. As far the contract itself, the City Manager and Attorney Fort reviewed the language and appropriateness of the proposed contract and Attorney Fort was commended on ensuring that the contract reflects better and improved services for the City. City Manager noted that staff is in the process of getting improved recycling services and Council is asked to act upon the improved contract as presented; the ultimate question is the issue of whether an increase is warranted with the service they currently have. Council Discussion Mr. Reid Donaldson, General Manager and Brenda Lalonde, Municipal Marketing Manager of Allied Waste Systems addressed Council and stated that it is their intent to get a better recycling program for the City. Mr. Donaldson pointed out that with $725.000 in capital for the City that it was hard to try to amortize this amount into the remainder of the contract because it would make the cost too high. A longer contract term would lower the amortization cost. Mayor Pro Tem Hogue asked if all the issues/concerns by citizens have been resolved and Mr. Donaldson responded that they have. Mayor Mondy asked what process do Allied Waste System use to resolve customer complaints. Mr. Donaldson stated a supervisor is dedicated for this city and that responses are given to all of the complaints they have received. Councilman Newsom commented that he has not had any problems with Allied Waste System services. Councilwoman Allen stated that she also has received complaints of service. City Manager Roath stated that the amended contract addresses the complaint process in that it requires Allied Waste Systems forward a complaint log to the City on a periodic basis and the amended contract also includes requirements for standards of performance - 72 hours response time on complaints and 24 hours on trash issues. Mayor Pro Tern Hogue asked if there were any penalties in the amended contract and City Manager Roath responded that there are certain penalties noted in certain sections with regards to monetary amounts. City Manager Roath stated that the real issue is the rate increase—we have a contract and hopefully the service will be such that we will be happy during the remaining time. It was noted that the Council has the option to extend the contract in 2008. City Manager Roath stated that Council might consider this if Council did authorize an increase in the rate and that the contract could be converted to a month to month. In a sense Council would be authorizing an increase to adequately provide service and at the same time the City would have the option to cancel the contact if the service wasn't appropriate on a month to month basis verses waiting until August 31, 2008 to make that decision unless there is a breach of contract. City Manager Roath asked Attorney Fort to address Council on this option. Attorney Fort stated that these terms could be drafted if Allied Waste Systems are agreeable to these terms.Mayor Mondy asked if escalation clauses were taken into account when the contract was first drawn up. Councilman Newsom stated that based on the contract,Allied Waste Systems do have a right to an increase due to the Consumers Price Index which is 52 cents of the requested increase. Councilman Newsom asked if there were any other escalation clauses and Mr.Donaldson stated that there is a landfill clause which covers the 22 cents clause and that fuel is not specifically addressed in the contract. Mr. Donaldson stated that in response to Mayor Mondy's question,the City asked that no increase in the first year of the contract be made,therefore no increase was given. Mr.Donaldson also stated that the City Manager had discussed several issues with Allied Waste Systems and has asked that better services be provided and that the City's concerns be addressed. Mayor Pro Tern Hogue asked what constitutes not receiving service—one person not receiving the service? Attorney Fort stated that the new draft contract provides that if Allied Waste doesn't respond within 72 hours or 24 hours depending on the nature of the complaint or at least 95%of the time based on a quarterly basis,then the City can give 30 days notice and terminate the contract. Clause 18,Termination Minutes—January 24,2006 Wylie City Council Page 6 for Cause was also addressed by Attorney Fort. Attorney Fort explained that the existing contract requires a 2/3 vote of Council to terminate the contract for cause—meaning that if there is something in the contract that Allied Waste System is required to do but are not doing,the City has the right to terminate. The new draft only requires a majority vote instead of a 2/3 vote by Council for the right to terminate. Mayor Mondy asked City Manager Roath what his recommendation was. City Manager Roath stated that we have not increased the vendor's rates since 2001 and if they are having to eat cost to provide service then it is difficult for them to provide service at the same time. City Manager Roath stated that his only concern is in regards to allowing the City the mobility that if the service doesn't improve,we do not have to wait until 2008 to cancel. If Council feels that having assurance of having a month to month contract for the remaining period of time would be more advantageous to the City,then this would be his recommendation. City Manager Roath stated that if the City Attorney could fashion a language that if service is not appropriate to Council and provided that the new contract provides a complaint list or log to be furnished to the Council, and periodically reviewed by staff and Council, and if Council is not happy with the service,we should not continue the service. City Manager Roath stated that however,on the other hand,if we do not give Allied Waste System the opportunity to have a rate increase to provide the service we require, then it is kind of our responsibility as well that they don't succeed. Mayor Pro Tern Hogue asked if Allied Waste is not making money in the City of Wylie. Mr.Donaldson stated that they are doing a lot of this area and that this contract is by far the lowest one in the area. Mayor Pro Tern Hogue again asked if Allied Waste System is losing money. Mr. Donaldson stated that the City of Wylie is not paying for itself at all. Mayor Pro Tern Hogue stated that his concern is that Allied Waste System is taking care of the residents of the City of Wylie. City Manager Roath stated that an alternative would be to approve whatever increase the Council feels is appropriate, subject to the change in language to the contract allowing the City to terminate the contract if services are not up to Council's level of performance. Mayor Mondy asked if this item could be tabled. Mayor Pro Tem Hogue concurred that this item should be tabled.City Manager Roath stated that if tabled, this would allow time for the City Manager and City Attorney to incorporate changes into the contract. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to table this item to the February 14,2006 Council meeting. A vote was taken and passed 6-0. Councilman Young was absent. 5. Consider and act upon a commitment by the Wylie City Council to contribute to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment. (C.Ehrlich, City Secretary) Councilman Young arrived at 7:38 p.m. Staff Comments Mayor Mondy stated that he received a request from the Mayor of the City of Melissa, a group of elected officials and mayors,to assist these programs in funding. Mayor Mondy stated that the need of the organization services are up but their revenue is down and that the purpose of this item is try to give these organizations a number they can depend on to develop their budget for next year. Mayor Mondy opened the floor for discussion. Mayor Pro Tem Hogue asked what cities are currently participating. Mayor Mondy stated that he is aware of Plano, Frisco, McKinney, and Lowry Crossing are participants in these programs. Councilman Newsom noted that these are worthwhile groups but that on October 11,2005, Council passed an Ordinance giving a procedure for donations of this sort and that this request is outside the procedures that was passed by Council on October 11 and that this request doesn't meet any of the exceptions as noted in the Ordinance. Mayor Mondy stated that Council is only asked to provide a commitment for their budget planning for next year. Councilman Porter asked did the organizations go through the correct procedure to apply. Mayor Pro Tern Hogue stated that the reason we have the procedure is that this group came to Council originally and asked for our help. Mayor Pro Tern Hogue also stated that this is the reason he would consider it. Councilman Porter asked for clarification and if this group has completed paperwork for funding. City Manager Roath clarified that this group did come to council for funding in September and Council adopted an Ordinance in October indicating a directive for nonprofit organizations to make application for funding. There is a provision in the current Ordinance that allows for emergency appropriations during the year if it was deemed that there would be irreparable harm to the organization in not having available funds. Mayor Mondy stated that all three organizations are running on a shoe string budget and they are asking for a commitment of funding for next year. Councilman Newsom stated that he could not see making a commitment until Council see every organization that will make a request. Councilman White stated that we have blotted so much money as a whole and now we are being asked to commit money and we don't know how many other groups will be coming to us for funding. Minutes—January 24,2006 Wylie City Council Page 7 Councilman Porter asked if there were any reason that we stated May as the time to accept applications and if we could increase the application period. Councilman Newsom stated that this eliminates the Ordinance that was passed in October, 2005. Councilman Porter stated that we can amend the Ordinance. Councilman Newsom asked what account would this money come from. Finance Director Williamson stated that nothing is appropriated at this time. Mayor Mondy stated that these organizations are asking only for a commitment. Councilwoman Allen stated that when this item was first presented to Council, Council stated that it would commit an amount but were not sure, at that time, of the funding amount. Councilwoman Allen asked when these organizations need the funding and Mayor Mondy stated that they only need a commitment amount. City Manager Roath was asked if we have received any requests from other non-profit organizations for funding. City Manager Roath stated that the passage of this policy has been publicized in the paper and that other groups may be anticipating applying in May and that he would hope that we would put some notice in the paper so that local groups that need Council support would have the opportunity to at least apply. City Manager Roath stated it would behoove us to get the word out that the Council is considering this. Councilman Porter asked if Council had decided on a figure in October 2005, when the item was presented to Council. Councilman Newsom stated that this would be decided during the next budget year. Mayor Mondy stated that other communities are allocating 25 cents, 50 cents or$1.00 per capita using COG figures. Councilman Newsom stated that these organizations should apply in May along with other non- profit organizations. Attorney Fort stated that a pledge can be made and is not contractual binding and can be made subject to funding in the budget. Councilman Porter stated that he would like to help these organizations by providing a pledge of .50 cents per capita and that these organizations are currently providing services to the residents of the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Hogue approving a pledge to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment to be fifty(.50)cents per capita based on COG (North Central Texas Council Of Governments). A vote was taken and passed 5-2. Mayor Mondy,Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Porter and Councilman Young voting for and Councilman Newsom and Councilman White voting against. 6. Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of $145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. (L. Williamson,Finance Director) Staff Comments Finance Director Williamson addressed council and stated that the number of meters installed were more than the count of actual meters due to meters that were not active and some residents had two meters. Councilman Porter asked if it was still cheaper to put in one inch meters rather than a' inch adapter. Finance Director Williamson stated that to put risers on the ' inch meters was about a wash but that residents with a 1 inch meter to change out to a' inch meter,would have lost a lot of pressure and we did not want to change service to them because the residents had originally paid for a one inch meter. Councilman Young asked if the amount specified would come out of the General Fund or the Utilities Fund. Finance Director Williamson stated that the amount would come out of the Utilities Fund. Mayor Pro Tern Hogue asked if this was the final cost and Finance Director Williamson stated that it was. Councilman Porter asked if we had a few back up meters and do we anticipate any bad meters. Finance Director Williamson stated that we have about 200 meters in our warehouse and that the meters are warranted for 10 years at 100%. Councilman Porter asked if the meters are keeping better records and is the City actually making a little bit more than what it use to. Mayor Mondy stated that the meters are measuring more accurately and the residents are paying for what they are consuming. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-06 approving a budget amendment, in the amount of$145,104.00, for the additional installation of 662 meters,the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. A vote was taken and passed 7-0. Minutes—January 24,2006 Wylie City Council Page 8 7. Consider and act upon Resolution No. 2006-03 approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24,2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson, stated that the Assistant Finance Director will be leaving February 24, 2006 and the Finance Department has been reorganized to put more emphasis on the Accounting Department and bring in more accountants. Thus being,the Assistant Finance position is be eliminated and a Sr.Accountant to be hired;and in the future the savings of funds will allow the hiring or upgrading of a position to another accountant position. Finance Director Williamson stated that has no effect on the City's budget by doing this. City Manager Roath stated that he supports this recommendation. The City Mamager noted that the published effective date is January 30, 2006 and the Resolution as presented to Council states February 6,2006 and that the January 30,2006 date was not noted accurately stated in the Resolution. City Attorney Fort stated that what is noted in the agenda is the action that Council is approving and that Council has the option of making changes. Councilman Newsom stated that the motion could be accurately reflected in the Resolution. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Resolution No. 2006-03(R)approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24,2006. A vote was taken and passed 7- 0. 8. Consider and act upon Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Animal Control Supervisor Ken Qualls to the City of Wylie Animal Shelter Advisory Board. (J. Butters, Chief of Police) Staff Comments Lt. Mike Atkison addressed Council stating that Ordinance No. 2003-11 established the Wylie Animal Shelter Advisory Board and its members. Katie Munson has tendered her resignation and staff recommends the appointment of Ken Qualls to the Wylie Animal Shelter Advisory Board and that the members of the board be increased to five(5)and that the Council appoint a fifth member to the Advisory Board. Councilman Young asked if a fifth member was necessary and Councilman Newsom stated that it would benefit the Wylie Animal Shelter Advisory Board if the members were increased and a fifth person was appointed. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Heather Screws and Ken Qualls,Animal Control Supervisor as new members to the City of Wylie Animal Shelter Advisory Board. A vote was taken and passed 7-0. 9. Consider and act upon a nominee to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31,2007. (C.Ehrlich, City Secretary) Staff Comments City Manager Roath addressed Council stating that the TECQ is soliciting cities to determine if public officials would like to be nominated for this Advisory Council for that period of time as noted and that if appointment, attendance will be required at a meeting every three months of one to two day. Mayor Mondy addressed Council asking for nominations Minutes—January 24,2006 Wylie City Council Page 9 from the floor. Councilman Young asked if a motion is needed for the nomination from the Council. City Manager Roath stated that it would be appropriate for Council to approve a nomination. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to nominate Mayor Mondy to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31,2007. A vote was taken and passed 7-0. Mayor Mondy announced that there was a News Conference at the University of Texas, Dallas and DART has put together a steering committee converting the Cotton Belt into a DART line. Mayor Mondy stated that he is serving on the steering committee and will provide more information on the development of DART and the conversion of the Cotton Belt. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. Administrative Assistant to the City Secretary Gayle Walton read the caption to Ordinances No. 2005-58,2006- 04 ,2006-05,2006-06 and 2006-07 into the official record. Mayor Mondy called for a 10 minute recess at 7:55 p.m. WORK SESSION • Discussion of the City's Water System Analysis and 10 year Capital Improvements Plan. (C. Hoisted, City Engineer) Mayor Mondy called the Work Session to order at 8:05 p.m. Councilmembers present were: Councilman Young, Councilman Porter, Councilman White, and Councilman Newsom. Mayor Pro Tem Hogue and Councilwoman Allen were absent. City Engineer introduced Mr. Joe Carter of Birkhoff, Hendricks and Conway L.L.P. to present to council the City's Water System Analysis and 10 year Capital Improvements Plan. ADJOURNMENT With no further business before Council,consensus of Council was to adjourn at 8:48 p.m. John Mondy,Mayor Prepared by Administrative Assistant Gayle Walton ATTEST: Carole Ehrlich,City Secretary Minutes—January 24,2006 Wylie City Council Page 10 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM February 14, 2006 City Secretary Council Meeting Of: Originating Department: Prepared By: Carole Ehrlich Account Code No.#: Date Prepared: January 13, 2006 Budgeted Amount: Exhibits: Resolution No.2006-XX(R) AGENDA SUBJECT: Consider and act upon approval of Resolution No. 2006-04(R) ordering a General Election to be held jointly with the Wylie Independent School District and Collin County Community College on May 13, 2006 for the purpose of electing two city council members, Places 2 and 4, to the Wylie City Council to fill expired terms. RECOMMENDED ACTION: Approval. SUMMARY: The offices of Council Places 2 and 4 will expire in May of 2006. By the proposed Resolution, the City Council will order a General Election to be held jointly with the Wylie Independent School District and the Collin County Community College on May 13, 2006. There will be one election with Places 2 and 4 for the Wylie City Council positions appearing on one ballot. This election will be held in conjunction with the Special Local Option Election to be held on May 13, 2006 (Resolution #2005-30(R) ordered on November 17,2005). This Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas beginning on on Monday, May 1, 2006 through Tuesday, May 9, 2006 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, May 4, 2006 from 8:00 a.m. to 7:00 p.m., Saturday, May 6, 2006 from 8:00 a.m. to 5:00 p.m. and May 8, 2006 and May 9, 2006 from 7:00 AM to 7:00 PM. Applications for a ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on May 5, 2006. APPROVED BY: Initial Date Department Director: CE \ 01/13/06 City Manager: /1l i \ .0/0/66 1 RESOLUTION NO. 2006-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT, AND COLLIN COUNTY COMMUNITY COLLEGE, AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR ON MAY 13,2006,FOR THE PURPOSE OF ELECTING THE POSITION OF TWO (2) MEMBERS, (PLACE 2 AND 4), TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday,May 13,2006,for the purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City Council; Place 2 and Place 4. SECTION 2: The polling places where qualified voters shall cast ballots at such locations in the City of Wylie, 2006 General Municipal Election are as follows: County Election Precincts- Polling Place Precinct 25, 144, 153 & 159 (Collin Co.) Southfork Mobile Home Park 216 Southfork Blvd. Wylie, Texas Precincts 27, 33,41, 56, 83,133 (Collin Co.) Wylie Bible Church Precincts 1A(Rockwall Co.) 109 W. Jefferson Precinct 2601 (Dallas Co.) Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas, beginning on Monday, May 1, 2006 through Tuesday, May 9, 2006 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday,May 4,2006 from 8:00 a.m.to 7:00 p.m.,Saturday,May 6,2006 from 8:00 a.m.to 5:00 p.m. Resolution No.2006-04(R) Order of Election 442129.v1 1 and May 8,2006 and May 9,2006 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on May 5, 2006. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly.Candidate Packets are available in the City Secretary's Office.The candidate filing periods for the General Election for Place 2 and 4; are as follows: General Election Filing for Place 2 and 4 Beginning: February 11, 2006 at 8:00 a.m. Ending: March 13, 2006 at 5:00 p.m. Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas. SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for early voting by mail. SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. The election,including providing notice of the election,shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Collin County, Texas, on this the 14th day of February, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich,City Secretary Resolution No.2006-04(R) Order of Election 442129.v 1 2 NOTICE OF GENERAL ELECTION To the registered voters of the City of Wylie,Texas: Notice is hereby given that the City of Wylie,Collin County,Texas,has ordered a General Election to be held on May 13,2006 for the purpose of electing Council members for Place 2 and 4.The polling places listed below will be open from 7:00 a.m.to 7:00 p.m.on May 13,2006. CANDIDATE FILING SCHEDULE General Election Filina for Council members for Place 2 and 4 February 11,2006—March 13,2006 at 5:00 p.m. LOCATIONS OF POLLING PLACES Precinct 25 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 144 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct IA(Rockwall Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 2601(Dallas Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Early voting by personal appearance will be conducted each weekday at the following two locations: Main Early Voting location: Branch Early Voting location: Collin County Elections Administration Office Wylie Municipal Complex 2010 Redbud Blvd.,Suite 102 2000 Highway 78 North, McKinney,Texas 75069 , Wylie,Texas 75098 You may vote between the hours of 8:00 a.m.and 5:00 p.m.beginning on Monday,May 1,2006 through Tuesday,May 9, 2006 during the normal working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on Thursday,May 4,2006 from 8:00 a.m.to 7:00 p.m.,Saturday, May 6,2006 from 8:00 a.m.to 5:00 p.m.and May 8,2006 and May 9,2006 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be mailed to: Collin County Elections Administration Office Attention:Elections Administrator 2010 Redbud Blvd.,Suite 102 McKinney,Texas 75069 Applications for ballots by mail must be received no later than the close of business on May 5,2006. Issued this the 14th day of February,2006 by the Wylie City Council. Publicado este80 de Febrero,2005 por el concilio de la Ciudad de Wylie. Signature of Presiding Officer(Of cial que Preside) 442393-v2 AVISO DE ELECCION GENERAL A los uotantes registrados de la Ciudad de Wylie,Texas: Se da aviso por la presente que la Ciudad de Wylie,Condado de Collin,Estado de Texas,ha ordenado una Eleccion General que se llevara acabo ell de mayo,2005 con el proposito de elegir a el alcalde y miembros del Concilio para el Puesto 5 y 6.Los centros electorales apuntados abajo estaran abiertos de 7: 00 a.m.-7: 00 p.m.ell de mayo,2005. HORARIO PARA LA CLASIFICACION DEL CANDIDATO Expediente de la eleccion general para el Alcalde v miembros del Puesto 5 v 6 Del 5 de Febrero,2005 a las 5:00 p.m. del 7 de Marzo,2005 LOCALES DE LOS CENTROS ELECTORALES Recinto 25 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 144 Southfork Mobile Home Center 216 Southfork Blvd,Wylie,Texas Recinto 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto lA(Residentes de Wylie-Condado de Rockwall) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 2601(Residentes de Wylie-Condado do Dallas) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Votacion temprana por apariencia personal se conducira cada dia laboral en los proximos dos locales: Local principal de votacion temprana: Sucursal en el Wylie Municipal Complex Condado de Collin 2000 Highway 78 North, Administracion de elecciones del Condado de Collin Wylie,Texas 2010 Redbud Blvd., Suite 102, McKinney,Texas Usted puede votar entre las horas de 8: 00 a.m.-5:00 p.m.,empezando el miercoles,20 de april,2005 y terminando el martes,3 de mayo, 2005.Horas extendidas para votacion temprana se llevara acabo el jueves 21 de abril dentro de las horas de 8:00 a.m.—7:00 p.m.y el sabado 23 de abril,2005 dentro las horas de las 8:00 a.m.-5:00 p.m. Solicitudes para boletos de votacion por correo deben ser enviadas a: Collin County Elections Administration Office Attention: Elections Administrator 2010 Redbud Blvd.,Suite 102 McKinney,Texas 75069 Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 29 de abril,2005. Issued this the80th day of February,2005 by the Wylie City Council. Publicado este8 de Febrero,2005 por el concilio de la Ciudad de Wylie. Signature of Presiding Officer(Oficial que Preside) 442393-v2 RESOLUTION NO. 2005-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ORDERING A SPECIAL ELECTION (LOCAL OPTION ELECTION) PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 13, 2006; PROVIDING NOTICE OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie,Texas ("City"), is a home-rule municipality acting under its duly adopted charter pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has received two petitions in conformance with the requirements of Chapter 501 of the Texas Election Code; and WHEREAS, Chapter 501.031 of the V.T.C.A., Texas Election Code ("Code") requires that the election be ordered; and WHEREAS, by this Resolution, it is the intention of the City Council to order an election on the issues, designate polling places for the election and provide for other necessary officers and to establish procedures for conducting the election; and WHEREAS, changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. SPECIAL ELECTION ORDERED: A Special Election is hereby ordered by the City Council of the City of Wylie, Texas to be held on Saturday, May 13, 2006, at which the following shall appear on the ballot: PROPOSITION NO. 1 o FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE ❑ AGAINST CONSUMPTION ONLY PROPOSITION NO. 2 a FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY o AGAINST FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY SECTION 2: ELECTION PROCEDURES AND NOTICE: The election, including Resolution No. 2005-30 (R) Call for May 13, 2006 Local Option Petition Page 1 providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECTION: 3: NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Alcoholic Beverage Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. DULY PASSED AND ADOPTED, this thel7th day of November, 2006. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary (City Seal) Resolution No. 2005-30 (R) Call for May 13, 2006 Local Option Petition Page 2 NOTICE OF SPECIAL ELECTION To the registered voters of the City of Wylie,Texas: Notice is hereby given that the City of Wylie,Collin County,Texas,has ordered a Special Election to be held on May 13,2006 at which the following shall appear on the ballot: PROPOSITION NO. 1 ❑ FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE o AGAINST CONSUMPTION ONLY PROPOSITION NO. 2 o FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANT FOOD AND o AGAINST BEVERAGE CERTIFICATE HOLDERS ONLY The polling places listed below will be open from 7:00 a.m.to 7:00 p.m. on May 13,2006. LOCATIONS OF POLLING PLACES Precinct 25 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 144 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct IA(Rockwall Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 2601 (Dallas Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Early voting by personal appearance will be conducted each weekday at the following two locations: Main Early Voting location: Branch Early Voting location: Collin County Elections Administration Office Wylie Municipal Complex 2010 Redbud Blvd., Suite 102 2000 Highway 78 North, McKinney,Texas 75069 , Wylie,Texas 75098 You may vote between the hours of 8:00 a.m.and 5:00 p.m.beginning on Monday,May 1,2006 through Tuesday,May 9, 2006 during the normal working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on Thursday,May 4,2006 from 8:00 a.m.to 7:00 p.m.,Saturday, May 6,2006 from 8:00 a.m.to 5:00 p.m.and May 8,2006 and May 9,2006 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be mailed to: Collin County Elections Administration Office Attention:Elections Administrator 2010 Redbud Blvd., Suite 102 McKinney,Texas 75069 Applications for ballots by mail must be received no later than the close of business on May 5,2006. Issued this the 14th day of February,2006 by the Wylie City Council. Publicado este80 de Febrero,2005 por el concilio de la Ciudad de Wylie. Signature of Presiding Officer(Oficial que Preside) 1 AVISO DE ELECCION GENERAL A los uotantes registrados de la Ciudad de Wylie,Texas: Se da aviso por la presente que la Ciudad de Wylie,Condado de Collin,Estado de Texas,ha ordenado una Elecci6n General que se llevara acabo ell de mayo,2005 con el proposito de elegir a el alcalde y miembros del Concilio para el Puesto 5 y 6.Los centros electorales apuntados abajo estaran abiertos de 7:00 a.m.-7:00 p.m.ell de mayo,2005. HORARIO PARA LA CLASIFICACION DEL CANDIDATO Expediente de la eleccion general para el Alcalde v miembros del Puesto 5 v 6 Del 5 de Febrero,2005 a las 5:00 p.m.dell de Marzo,2005 LOCALES DE LOS CENTROS ELECTORALES Recinto 25 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 144 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto IA(Residentes de Wylie-Condado de Rockwall) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 2601(Residentes de Wylie-Condado do Dallas) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Votacion temprana por apariencia personal se conducira cada dia laboral en los proximos dos locales: Local principal de votacion temprana: Sucursal en el Wylie Municipal Complex Condado de Collin 2000 Highway 78 North, Administracion de elecciones del Condado de Collin Wylie,Texas 2010 Redbud Blvd.,Suite 102, McKinney,Texas Usted puede votar entre las horas de 8: 00 a.m.-5: 00 p.m.,empezando el miercoles,20 de april,2005 y terminando el martes,3 de mayo, 2005.Horas extendidas para votacion temprana se llevara acabo el jueves 21 de abril dentro de las horas de 8:00 a.m.—7:00 p.m.y el sabado 23 de abril,2005 dentro las horas de las 8:00 a.m.-5:00 p.m. Solicitudes para boletos de votacion por correo deben ser enviadas a: Collin County Elections Administration Office Attention: Elections Administrator 2010 Redbud Blvd., Suite 102 McKinney,Texas 75069 Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 29 de abril,2005. Issued this the80th day of February,2005 by the Wylie City Council. Publicado este8 de Febrero,2005 por el concilio de la Ciudad de Wylie. Signature of Presiding Officer(Oficial que Preside) CITY OF WYLIE Item No. C City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: 100-5113-56070 Date Prepared: February 2, 2006 Budgeted Amount: $8,000.00 Exhibits: Joint Contract AGENDA SUBJECT: Consider and act upon approval of a Joint Election Agreement between the City of Wylie, Wylie Independent School District, and Collin County Community College, administered by the Collin County Elections Administration. RECOMMENDED ACTION:Approval SUMMARY: By the terms of this agreement, the City of Wylie, WISD, and Collin County Community College do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General and Special Election to be held on Saturday May 13, 2006. The entities will contract with the Collin County Elections Administrator to perform various duties and responsibilities on behalf of the two entities. The contract presented tonight has specified duties and costs to administer the election. Legal review of this contract has been completed by City Attorney Julie Fort. This agreement, once executed will formalize the joint election for May 13, 2006 between the entities and approve the equally shared cost for General and Special election. Under the terms of the contract it is noted that if one entity cancels their election, a charge of $75.00 will be accessed and the other entities will assume the full cost for the election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Financial Considerations: All costs for this administration and the cost for a subsequent runoff election, if needed,have been budgeted in the FY 2004-2005 budget. APPROVED BY: Initial Date Department Director: CE \ 02/03/06 City Manager: ,41I ' \ o?//O/Oi 1 May 13, 2006 Joint General & Special Election Contract for Election Services City of Wylie/Wylie ISD May 13, 2006 Joint General & Special Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of the City and School District Cost of Services IV ...Joint Election& Special Agreement V General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services Exhibit D .Joint Election & Special Agreement May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY- SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT,hereinafter referred to as the "SCHOOL DISTRICT," and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 13, 2006, Joint General & Special Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment,notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 3 Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City and School District. b. Election judges shall attend the Contracting Officer's school of instruction(Elections Seminar)to be held Wednesday, May 10 , 2006, at the Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at 2:00 P.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud, Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $10.00 per hour for services rendered. Each alternate judge and clerk shall receive $8.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place, in lieu of alphabetic by each precinct in each polling place. May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and tote boxes. 2. Supplies include smart cards, sample ballots, early voting mail ballots,pens, tape, markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the City and School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 13, 2006, Joint General & Special Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA)will be sent a mail ballot. No postage is required. May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 5 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. The Board shall meet for preparation of the early voting ballots on Thursday, May 11, 2006, at 10:00 A.M. They will recess and continue the preparation process and begin tabulation on Saturday, May 13, 2006, at 9:00 A.M. They will reconvene to process provisional ballots and late mail ballots from outside the country on Friday, May 19, 2006 at 10:00 A.M. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit"B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with new law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the May 13,2006,Joint General&Special Election— WylieCity& WISD 1/27/2006 Page 6 unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City and School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions,notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assume the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format as soon as possible. May 13,2006,Joint General&Special Election— WylieCity& WISD 1/27/2006 Page 7 C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible,but no later than Friday, March 24, 2006, the official wording for the City and School District's May 13, 2006, Joint General & Special Election. b. The City and School District shall approve the "blue line"ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit"C" for required services. G. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, March 24, 2006. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 200 S. McDonald., Suite 310 McKinney,Texas 75069 ATTN: Alice Dobecka H. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 8 III. COST OF SERVICES. See Exhibit "C." IV. JOINT ELECTION AGREEMENT. See Exhibit "D." V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 13, 2006, Joint General & Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 13, 2006, Joint General & Special Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 13, 2006, Joint General & Special Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 9 WITNESS BY MY HAND THIS THE DAY OF , 2006. Sharon Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF , 2006. Attested: Carole Ehrlich John Mondy City Secretary Mayor WITNESS BY MY HAND THIS THE DAY OF , 2006. Attested: Diana Hibbitts, Secretary Brian Miller, Assistant Superintendant Wylie Independent School District Wylie Independent School District May 13,2006,Joint General&Special Election— WylieCity& WISD 1/27/2006 Page 10 Exhibit"A" MAY 13, 2006 JOINT GENERAL & SPECIAL ELECTION City of Wylie and Wylie ISD Early Voting Locations and Hours ..i0LIIGPLACE ADDRESS µ .. Collin County Election Department 2010 Redbud Blvd. #102 McKinney (Main Early Voting Location) Wylie Municpal Complex 2000 N. Hwy. 78 Wylie Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 30 May 1 May 2 May 3 May 4 May 5 May 6 8am-5pm 8am-5pm 8am-5pm 8am-7pm 8am-5pm 8am-5pm May 7 May 8 May 9 May 10 May 11 May 12 May13 7am-7pm 7am-7pm Election Day 7am-7pm May 13,2006,Joint General&Special Election—WylieCity& WISD 1/27/2006 Page 11 Exhibit"B" MAY 13, 2006 JOINT GENERAL & SPECIAL ELECTION City of Wylie and Wylie ISD Election Day Polling Locations _ Po ling ?dace Collin County Voting 0 firitk„M fiF3e Southfork Mobile Home Park 25, 144, 153, 159 216 Southfork Blvd. Wylie Wylie Bible Church 27, 33, 41, 56, 83, 133 109 W. Jefferson Wylie 1A (Rockwall County) 2601 (Dallas County) May 13,2006,Joint General&Special Election— WylieCity& WISD 1/27/2006 Page 12 Exhibit"D" JOINT ELECTION AGREEMENT between The City Council of the City of Wylie(the City)and the Board of Trustees of the Wylie Independent School District(the School),and the Board of Trustees of the Collin County Community College District (the College). BY THE TERMS OF THIS AGREEMENT,the City,the School,and the College do hereby agree,pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the City and General Election of the School District to be held on Saturday,May 13,2006. All entities have contracted with the Collin County Elections Administrator(Elections Administrator)to perform various duties and responsibilities on behalf of the three entities. The three entities shall share equally in the expense of the polling locations,election officials,supplies,ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 13,2006,Joint General Election;they will be liable only for the contract preparation fee of$75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the day of ,2006,and executed by its authorized representative. By: Attest: John Mondy,Mayor Carole Ehrlich,City Secretary APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its meeting held the day of ,2006,and executed by its authorized representative. By: Attest: Brian Miller,Assistant Superintendent Diana Hibbitts, Secretary APPROVED BY THE BOARD OF TRUSTEES OF THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT in its meeting held the day of ,2006,and executed by its authorized representative. By: Attest: Dr.Cary Israel,President Brenda Kihl,Assistant to the President ESTIMATED COSTS FOR THE CITY OF WYLIE May 13,2006 Exhibit"C"-ELE XXX SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WISD/WCTY/CCCC Sample Ballots $1.10 each 50 $55.00 200 $220.00 Early Voting Mail Ballots $1.20 each 15 $18.00 50 $60.00 Early voting and election day kits $25.00 each 0 $0.00 3 $75.00 Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00 County Precinct Maps $12.00 each 0 $0.00 3 $36.00 Printer Labels for EV $15.95 each 0 $0.00 12 $191.40 Total $73.00 $632.40 Number of Entities Sharing Costs 1 3 SubTotal $73.00 $210.80 Grand Total $283.80 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WISD/WCTY/CCCC Voting Machines $200.00 each 0 $0.00 23 $4,600.00 Machine Drayage $28.00 each 0 $0.00 23 $644.00 L&A Equipment Testing $20.00 each 0 $0.00 23 $460.00 Transfer Cases $5.00 each 0 $0.00 2 $10.00 Metal Signs $1.00 each 0 $0.00 6 $6.00 Wood Signs $2.00 each 0 $0.00 2 $4.00 Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00 Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00 Tote Box $1.00 each 0 $0.00 2 $2.00 Early Voting Computer $300.00 each 0 $0.00 1 $300.00 Total $0.00 $6,081.00 Number of Entities Sharing Costs 1 3 SubTotal $0.00 $2,027.00 Grand Total $2,027.00 EARLY VOTING Number of Early Voting Locations 1 Workers each location 4 Units Cost WCTY Units Cost WISD/WCTY/CCCC EV Ballot Board Fluctuates 1 $50.00 0 $0.00 Mailed Ballot Kits $1.00 each 15 $15.00 50 $50.00 Postage for Ballots $0.58 each 3 $1.74 10 $5.80 Assemble EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 90 $900.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 300 $2,400.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 Total $66.74 $3,430.80 Number of Entities Sharing Costs 1 3 SubTotal $66.74 $1,143.60 Grand Total $1,210.34 ELECTION DAY Number of Election Day Locations 2 Workers each location 5 Units Cost WCTY Units Cost WISD/WCTY/CCCC Total Judge Hours $10.00 each 0 $0.00 28 $280.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 112 $896.00 Election Day Technical Support $100.00 each 0 $0.00 2 $200.00 Machine Drayage @ Church $40.00 site 0 $0.00 1 $40.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 2 $50.00 Total $0.00 $1,466.00 Number of Entities Sharing Costs 1 3 SubTotal $0.00 $488.67 Grand Total $488.67 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WISD/WCTY/CCCC Manual Recount Deposit $60.00 each 1 $60.00 0 $0.00 Process Pollworker Checks $1.50 each 0 $0.00 9 $13.50 Process Election Judge Notices $1.50 each 0 $0.00 6 $9.00 Total $60.00 $22.50 Number of Entities Sharing Costs 1 3 SubTotal $60.00 $7.50 Grand Total $67.50 TABULATION Tabulation Network $4,000.00 Programming $2,050.00 Notice of Tabulation Test $100.00 Total $6,150.00 Number of Entities 20 Total Per Entity $307.50 CENTRALIZED COSTS Cost for Central Count Workers $1,500.00 FICA on Election Workers $1,200.00 Assemble EV Location $50.00 Early Voting Machines in McKinney (8) $1,600.00 L&A Testing of Equipment(8) $160.00 Early Voting Computer in McKinney $300.00 Early Voting Personnel in McKinney $2,500.00 Printer Labels for Early Voting $50.00 County Overtime and Temporaries $10,000.00 FICA& Retirement for County Employees $1,500.00 Total $18,860.00 Number of Entities 14 Total Per Entity $1,347.14 Total for Tabulation &Centralized Costs $1,654.64 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $283.80 EQUIPMENT RENTAL COST $2,027.00 EARLY VOTING $1,210.34 ELECTION DAY $488.67 ADMINISTRATIVE EXPENSES $67.50 TABULATION/CENTRALIZED COSTS $1,654.64 Total $5,731.95 10%Administrative Fee $573.20 Grand Total $6,305.15 90% Due by 3/24/06 $5,674.63 CITY OF WYLIE Item No. D City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: January 19, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of Final Plat for Woodbridge Addition Phase 10C. Subject property being generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 17, 2006, 7—0 to recommend approval. SUMMARY: The property totals 45.9186 acres and will create 175 residential lots and two common areas. The subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The Preliminary Plat was approved by City Council on September 27, 2005. The subject development will comply with all of the applicable requirements set forth in the conditions of the PD 1998-15, and generally complies with the approved Concept Plan of the PD. Creek Crossing Lane, which intersects Sachse Road, will serve as the primary point of access and is platted by this Final Plat. Creek Crossing Lane, Fair Parke Lane and Fairland Drive will serve as collectors and will eventually be extended to connect with the City of Sachse to the west and with Lost Highlands and Alanis Drive to the north. A ten (10) foot utility easement (outside of city right-of-way) shall be located on the front of all lots adjacent to all streets for franchise utilities. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 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CT. \ \ u 49.J1/ACRE$ CITY OF NNUE,COLLIN COUNTY.TEXAS i •.� LOT I•BLOCK A \o `'' \ I TIFS.9) \ t� ,RO WOODBRIDGE GOLF CLUB �!�\ /' \REMAIA�ER OF / C.CF.\1100.z001-01�2708 C" \ a. M1.�..iLr,. R CAB L.9JDE 246-248 \� 9.J1B0 A / (VOLt9 pa lap) 1 NA5 A. REMAINDER of M.R.CCT. t.,,A \ / C s�D 1) �..,..... D��atrdAroeWtltG \ r� vNN 5 159.3280 ACRES '� TIES LLC.- \ ` R.CCT .w.+,...M.. ..F.,,.�. WOODRIDGE PROPERTIES LLC. .\ \ CE& 7- 7J LR.C.0 T. Y /�\ \ °"ra nM� ....AT.aa 1 p,,,, CCCF Na 9 7-00 310 73 LR.CC.T. .P \ 9 O81,..PG 04J1�B,.D.7t.D.CT/ ter•• t --- SHEET ' WL97081,PC04JJ6,D.R.D.GT. 1, \.\ / / i !! Wert, PTYOF WA IS • gaff C"C ziJo J +t F, REMAINDER mn.N $ '+�y\ \f 412.10" 199.3963 ACRES SITEPiA TY kIyN $ '=716.14 • 3631 24" WOODBRIDGE PROPERTIES,LLC . '*•"0`"'^ ^' B r Y E�g ""— i L=54.61 -=275.00 C.CCf.NO. 97-0032076 9 d1976$9' u9T z9B.inazr SJ0178'46 E L=176.90 L.R.CC.T. OR=515.�� r=54.80 �=N73367d"E �r°�'o marj � tl �. 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REMAINDER T EP'0 - 0 9''�8/_ y o l t' 4 5 0.6 1i. `E 77 m' 39 ^ ,,c5 J 4y $' I I r. ,A' F i I 199.3963 ACRES 33G5� 0 y 00 V -\i�\Y4t`�'• / y _ i a z�• E 'IinR 1111 - WOODBRIDGE PROPERTIES,LLC IP .p 7 a3 / 10 ,E - CCCf.NO. 9 7-00320 76 'a" a�' m' •- I �o� �ep' y� 1.-TTiTr LR.CCT 18 'Y •� i l� , e }A a .y " �. �L, Z\� - � "bs .6,.N'. sr.x' zD.+a•I + ( rzaar~ �j1 �� 4y� 0 a. / tti ti S�\ SyydA� °�i1oDd \G 7L T�J 3. G� 2A a L. •.00 9enr+91- rx. ry TIE. 4 �'�i.,, , ° 8 J�I �I I 3zY kl N tl�A'G '1 / ��, r `.* 7.w ~G N E Z 2E�4. ��r 31 °4r yy:. .0 ,.T s a v �. 05 d1 1, ? 0 g mw• ©5 s� rF` E ttf t q� 06� bL r ¢ t'�. mot\ ..se G 000d •+ 9. °° -� 0 . . 3 yd ®PNAsr s' E 45�� i a 3 tY ce $ aD \ \ a. 9ry \\ f r a N7•1 .6 •Yt r r 4`6.4. 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Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and 10C. RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 17, 2006, 7—0 to recommend approval. SUMMARY: The Final Plat under consideration totals 19.2138 acres and will create 57 single-family residential lots and four common open space areas (to be maintained by the Homeowners Association). Residential lots are a minimum of 8,400 square feet in size, as required by the approved Planned Development zoning. The property is part of the larger mixed-use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces,totaling 921 acres in size. The Preliminary Plat was approved by City Council on October 11, 2005. The subject property will comply with all applicable requirements set forth in the conditions of the approved Woodbridge PD 1998-15, and generally complies with the approved Concept Plan of the PD. Creek Crossing Lane, which intersects Sachse Road, will serve as the primary point of access and is platted by this Final Plat. A ten (10) foot utility easement (outside of city right-of-way) shall be located on the front of all lots adjacent to all streets for franchise utilities. 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Na..O.•ol .cg OW.Ia.Tom. 04.41.10. rmr PNannr.�abnW.<uau...m.wevpn.N. «w.a0 so.OM I..wad 0 C.6.1 L,PAP 3463N aBo.ap n.cwm a Cam Cow..Tens O! 20141 V.. R.y.ra P.N..Lan sow.NMI Nd ..44ra10R0 BNB Aac.iO4 INC ow vrr 12700 :m Park aN,Buts 1.00.o...Tn..76M1 ......_.......O. s ... a7 uwv o Y 011.16.00 11E u COUNTY 11• swam ME.ex I.IOI.d*0_ y.mam ay P«..q.L.....a6n Y.0.....br.P...w.. no.la w. r..b.0.and .na.1..4.to mar ts .bm to b a rlms....P<...a. 0.00«0.1N e...pnra,b.WmIN W..n«.a«.as....a...DN.r* .o.n y na.araaPr.. mya 3a.. NOTARY PUBLIC 0.ma kr.STATE OF TERM CERYINCATII Of APPROVAL n.W..3aa.Co mar B. c011.10.T... '00.0.400o Comm.! Mayer,Ca.WA Tee 4d FINAL PLAT WOODBRIDOE f ...C.at WA... Om PHASE IOD 57 RESIDENTIAL LOTS it �*.0.1 C...Nb*4^r.w a Wrr,Tnr....<...m.m.r.IEn 1 mar PCOMMDNEVEA PM.HO WM 0. ZONED:1SPLANNED DEVELOPMENT .•Cour..by OM.a ad bwm.mW0 e.m.ag.amrmwa.ry.....,P., WSTRICT(PO SITUATED IN THE .w. .Nor..W..aw 0.9.N.r......damp.. RICHARD NEV/MN SURVEY,ABSTRACT NO.NO r- arm.. rnan _ r .Rots.Moe. CITY OF WYUE,COLLIN COUNTY.TEXAS R :11 City boa.. .<aIE r • si= Bo =r T.. a � I _. y... u 20.7E4.0.4.0r ar.o wa.m A- asWO6.111....a.bounds a 0.Pn acq C... r..rr .r.Wa ..Na06.1.nM.rBoK.d WNW N b....w.' ....« _.,_...RTRY SHEET 2 of Z,It CITY OF WYLIE Item No. F City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Public Services Prepared By: Mike Sferra Account Code No. #: N/A Date Prepared: January 24, 2006 Budgeted Amount: N/A Exhibits: 3 AGENDA SUBJECT: Consider and act upon Resolution No. 2006-05(R) naming the south entrance road to Founders Park as Jerry Combest Street and the entrance road to Community Park adjacent to the Library as Lanny Hale Street. RECOMMENDED ACTION: Approval. SUMMARY: On October 14, 2003, City Council approved Resolution 2003-16(R) resolving to name two streets in Wylie in memory of two residents killed in the Vietnam War, although no streets were designated at that time. The names are Jerry Wayne Combest, and Lanny Earl Hale. Although City staff has worked with developers since the approval of the Resolution, to date, the intent of the resolution has not been fulfilled. At the January 10, 2006 joint work session with the Park Board and City Council, the consensus was that City Council was receptive to the idea that the south entrance road to Founders Park and the entrance road to Community Park adjacent to the Library be named in memory or these two individuals. At the January 23, 2006 Park Board meeting, and in order to assist toward the fulfillment of Resolution 2003- 16(R), the Park Board unanimously approved a recommendation to the City Council that the south entrance road to Founders Park be named in memory of Jerry Wayne Combest and the entrance road to Community Park adjacent to the Library be named in memory of Lanny Earl Hale. Resolution No. 2006-XX(R) will fulfill the intent of Resolution 2003-16(R)thereby identifying and naming designated streets. These park entrance roads are not currently named. The Street Division will requisition and install appropriate street names signs upon Council's approval of the Park Board's recommendation. The October 14, 2003 agenda communication and Resolution 2003-16(R) are attached as reference items. APPROVED BY: Initial Date Department Director: MS \ 1/24/06 City Manager: />4'' \ //o/lam RESOLUTION NO. 2006-05(R) A RESOLUTON OF THE CITY OF WYLIE, TEXAS DESIGNATING STREET NAMES FOR THE SOUTH ENTRANCE ROAD TO FOUNDERS PARK AS JERRY COMBEST STREET AND THE ENTRANCE ROAD TO COMMUNITY PARK ADJACENT TO THE LIBRARY AS LANNY HALE STREET. WHEREAS, the City of Wylie wishes to honor the memory of Lanny Earl Hale and Jerry Wayne Combest; and WHEREAS, Lanny Earl Hale and Jerry Wayne Combest were residents of the City of Wylie; WHEREAS, in 1968 both gave their lives in service to their Country as they fought in the Vietnam War. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The South Entrance Road to Founders Park will be named Jerry Combest Street. The Entrance Road to Community Park adjacent to the Rita & Truett Smith Public Library will be named Lanny Hale Street. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 14th day of February, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, Secretary Resolution No.2006-05(R) Naming of Streets WYLIE CITY COUNCIL AGENDA ITEM NO. 4. October 14, 2003 Issue Consider and act upon a Resolution recommending two streets to be named after Jerry Wayne Combest and Lanny Earl Hale, respectively. Background Section 5.4 of the Subdivision Regulations addresses the process for establishing street names and signage within the City of Wylie. Specifically Section 5.4.B. states that surnames of people shall not be used as street names, unless approved by the City Council. Staff contacted the cities of Rockwall, Murphy, Garland, Rowlett, Plano, Richardson, Mesquite, McKinney and Allen to request their policies regarding naming streets after individuals. None of the cities have any written criteria as to living or dead, level of contribution, etc. The cities of Plano and Mesquite require specific requests to be approved by Council. The cities of Richardson and Murphy do not permit streets to be named after people. The existing Subdivision Regulations allow the Council to consider individual street names on a case by case basis. The proposed Resolution would establish the street names of Jerry Combest Street and Lanny Hale Street, after two Wylie residents who grew up on Hilltop Street and were killed during the Vietnam War. Other Considerations N/A Staff Recommendations N/A Attachments Resolution 04/ Prepared Revie by Finance City Ma ger Approval RESOLUTION NO. 2003-16 WHEREAS, the City of Wylie wishes to honor the memory of Lanny Earl Hale and Jerry Wayne Combest; and WHEREAS, Lanny Earl Hale and Jerry Wayne Combest were born with 3 weeks of each other, grew up together on Hilltop Lane, and both gave their lives in 1968, serving their country during the Vietnam War. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas: That as new development occurs, the street names of Lanny Hale Street and Jerry Combest Street be utilized. Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 14th day of October, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, Secretary CITY OF WYLIE Item No. G City Secretary's Use Only CITY COUNCIL AGENDA ITEM Board Meeting Of: February 14, 2006 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: February 2, 2006 Budgeted Amount: N/A Exhibits: 5 AGENDA SUBJECT: Consider and act upon authorizing the City Manager to enter into a contract for concessionaire services with Sunshine Concessions for such services at Founders Park and Community Park. RECOMMENDED ACTION: Approval recommended. SUMMARY: The contract with Jolly Trolley Snocones of Texas was terminated as of January 1, 2006 at the request of Dale Hawkins, Owner of Jolly Trolley Snocones. Staff approached the City Council at the Parks and Recreation Board joint meeting on Tuesday, January 10, 2006 to determine how the City Council would like to pursue the future management of concessions. The City Council directed staff to pursue putting out a Request for Proposal to obtain a new concessionaire without any limitations to specific organizations. Staff worked with Jim Holcomb, Purchasing Agent, to publicize an R.F.P. for the weeks of January 16 and 23, 2006. All R.F.P.'s were due to Jim Holcomb by 10:00 a.m. Monday, January 30. On January 17, the following local league organizations were contacted regarding the concession R.F.P.: Wylie Youth Competitive Football League, Wylie Youth Soccer Association, Wylie Football League, Wylie Basketball Association, Wylie Youth Volleyball Association, Wylie Baseball Association, and Lake Cities Girls Fastpitch Softball Association. Two private concession vendors were also contacted: Sunshine Concessions and Allan Weiss Enterprises. In addition to contacting vendors, the R.F.P. was advertised in the Wylie News on January 18, 2006. In order to assist vendors, staff designed the R.F.P. with a required pre-proposal meeting on Friday, January 27 to show the various facilities and meet with Pepsi representatives. Michael Daniels Jr., representing Sunshine Concessions, attended the pre-proposal meeting therefore becoming the only eligible vendor able to submit an R.F.P. Sunshine Concessions did submit an R.F.P. by the R.F.P. deadline to Jim Holcomb. Staff has reviewed the R.F.P. submitted by Sunshine Concessions and is recommending that the City Council approve a two year contract with Sunshine Concessions. APPROVED BY: Initial Date Department Director: MS \ 2/2/06 City Manager: /V&e \ 1/40/06 AGENDA SUBJECT: SUMMARY: (Continued) 9 CONCESSIONAIRE LEASE/CONTRACT This Lease Agreement is effective as of February 14, 2006, by and between the City of Wylie (Landlord) and Michael Daniels Jr. d/b/a Sunshine Concessions (Tenant). The Parties agree as follows: 1. PREMISE. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant CONCESSION FACILITIES at COMMUNITY PARK AND FOUNDERS PARK, WYLIE, COLLIN County, Texas. 2. TERM. The Lease term shall commence on February 14, 2006 and shall terminate on February 14, 2008. 3. LEASE PAYMENT. Tenant shall pay to Landlord a monthly lease payment of FIFTEEN PERCENT (15%) of gross sales, after deduction of sales tax, for previous month's sales, beginning on March 14, 2006 and continuing thereafter on the fifteenth (15th) day of each subsequent month during the term of this Lease Agreement. The City's Finance Department shall validate and audit payment amount. Tenant shall provide Landlord with all financial records necessary to accurately perform said audit. Such payments shall be made to CITY OF WYLIE - Finance Department, 2000 Hwy. 78 North, Wylie, Texas, or at such other location or locations as Landlord shall from time to time designate by written notice to Tenant. Tenant's failure to promptly pay sums dues due under this Lease Agreement may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord. Payments due to Landlord under this Lease Agreement are not an extension of credit. Therefore, Landlord may, at Landlord's option and to the extent allowed by applicable law, impose a late charge on any payments which are not received by Landlord on or before the due date in an amount equal to one-half of one percent (0.5%) of the amount of the past due payment per day for each day after the due date, until the past due amount in good funds is received by Landlord, up to a maximum of ten percent (10%) of the past due amount. Any late charge will be in addition to Landlord's other remedies for nonpayment of any lease payment. If any check tendered to Landlord by Tenant under this Lease Agreement is dishonored for any reason, Tenant shall pay to Landlord a fee of twenty-five dollars ($25.00), plus (at Landlord's option) a late charge as provided above until good funds are received Landlord. The parties agree that any late charge or dishonored check fee represent a fair and reasonable estimate of costs Landlord will incur by reason of the late payment or dishonored check. Payments received from Tenant shall be applied first to any late charges, second to lease payments due and last to other unpaid charges or reimbursements due to Landlord. 4. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease and shall yield possession to City of Wylie on the last day of the term of this lease, unless otherwise agreed by both parties in writing. Tenant shall maintain the Concessionaire Lease Contract Page 1 of 5 429637.v1 leased premises and surrender them in substantially the same condition as when Tenant took possession, ordinary wear and tear excepted. 5. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the premises to make inspections, provide necessary services, or entry of workmen. As provided by law, in the case of an emergency, Landlord may enter the premises without Tenant's consent. 6. UTILITIES AND SERVICE. Tenant shall be responsible for the following utilities and services in connection with the premises: a) Janitorial services; b) Staff for operations; c) Operating per schedule provided by City of Wylie; d) Provide all food and beverage items to be sold. All beverages shall be purchased in conjunction with the City's contract with the Pepsi Bottling Group (PBG). Tenant shall sell only PBG beverage products at Community and Founders Parks; e) Provide all food processing equipment with the exception of those items listed below. City of Wylie shall be responsible for the following: one permanent concession stand at Community Park with an ice machine, sink, two beverage coolers, and one concession trailer; one concession trailer for use at Founders Park; f) Provide all necessary supplies, such as napkins, cups, utensils, food containers, and cleaning supplies; g) Perform all food preparation and sales functions with adequate, capable, and competent staffing; h) Comply with all health inspection requirements and obtain all necessary permits, training, education, food handlers' licenses, etc. as required by law (The City will waive permit fees); i) Operate and maintain the concession facilities and all City equipment in a clean and sanitary manner to the satisfaction of City staff; j) Be responsible for all the collection and payment of all sales taxes; k) Be responsible for all insurance requirements; I) In addition to providing Concessions at the permanent stand in Concessionaire Lease Contract Page 2 of 5 429637.v1 Community Park, Tenant shall also set up portable concession trailers at Community Park and Founders Park to serve the soccer, football and baseball fields when in use. Concession trailers do not have to provide as extensive of a menu as permanent stand due to limited availability of utilities. Concession trailers shall provide at least beverages, hot dogs, popcorn, candy, etc; and m) Tenant agrees that the services and product provided hereunder shall be of a good and acceptable quality and quantity. 7. INDEMNITY. Tenant agrees to indemnify and hold City harmless for any and all liabilities arising from its operations taken hereunder. 8. TERMINATION. City shall have the right to terminate this Lease Agreement in the event Tenant fails to perform any of its duties hereunder after giving written notice of such failure to Tenant, which provides that Tenant's failure to correct performance with fifteen (15) calendar days will result in termination. 9. SALES PRICES. Sales prices of the individual items sold cannot increase more than ten percent (10%) in the first and second years combined. Should the cost of product(s) increase substantially, Tenant has the right to appear before the Parks and Recreation Superintendent, or his/her designee, to request permission for a price increase. 10. NON-EXCLUSIVE RIGHTS. As per section 78-150 of the Code of Ordinances, the vendor does not have exclusive rights to sell goods at the locations. Other fund raising activities may occur throughout the Lease Agreement term, as set forth in paragraph 2., above.. 11. PROPERTY INSURANCE. City of Wylie and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises. 12. TAXES. Taxes attributable to the premises or the use of the premises shall be allocated as follows: a) PERSONAL/BUSINESS TAXES. Tenant shall be responsible for all taxes attributable to Tenant's use of the premises. 13. SCHEDULE OF OPERATIONS. Minimum schedule for which Tenant shall operate the concession stands shall be provided to Tenant by the City of Wylie. 14. MISCELLANEOUS PROVISIONS. Notice. Any notice required to be sent under this Lease Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and Concessionaire Lease Contract Page 3 of 5 429637.v1 registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to City, to: City of Wylie do Robert Diaz, Assistant Superintendent Parks and Recreation Department 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Mark B. Roath City Manager City of Wylie 2000 Highway 78 North Wylie, TX 75098 If to Tenant, to: Sunshine Concessions do Michael Daniels Jr. 1530 Oak Tree Allen, Texas 75002 Entire Agreement. This Lease Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. Venue. This Lease Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Consideration. This Lease Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts. This Lease Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Authority to Execute. The individuals executing this Lease Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Lease Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Lease Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Lease Agreement and that each individual affixing his or her signature hereto is Concessionaire Lease Contract Page 4 of 5 429637.v1 authorized to do so, and such authorization is valid and effective on the date hereof. Savings/Severability. In case any one or more of the provisions contained in this Lease Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Representations. Each signatory represents this Lease Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Miscellaneous Drafting Provisions. This Lease Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease Agreement are for the convenience of the parties and are not intended to be used in construing this document. Sovereign Immunity. The parties agree that Landlord has not waived its sovereign immunity by entering into and performing its obligations under this Lease Agreement. Assignment. This Lease Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first shown above. CITY OF WYLIE/LANDLORD Michael Daniels Jr. d/b/a Sunshine Concessions TENANT Mark Roath Michael Daniels Jr. City Manager ON THIS DATE: ON THIS DATE: Concessionaire Lease Contract Page 5 of 5 429637.v1 Concession Revenues 2005-Jolley Trolley Snocones Date Gross Sales Revenues 4/15/2005 r r774 'N9 n/a �` $ 273.11 5/25/2005 � � $ 14,379.86 rij„ � � ; $ 1,979.03 6/8/2005, $ 11,363.06 F $ 1,563.84 7/7/2005 r $ 2,451.89 .hf A $ 337.44 8/15/2005 $ 1,280.20 ` $ 176.19 10/17/2005 $ 2,991.41 ,n., y._ $ 411.69 11/10/2005 $ 7,455.01 [a-f $ 1,026.00 Totals -z:,::L $ 39,921.43 ° ,° , ,f,,s 5,767.30 Robert Diaz From: Robert Diaz [rdiaz@ci.wylie.tx.us] Sent: Tuesday, January 17, 2006 3:41 PM To: 'Russell-Chapman, Shannon R.'; 'steve19@flash.net'; 'Bill Brown'; 'Gunther, Beverly'; 'Estes, Joe'; 'Shannon Nolan'; 'Bernard Gehring' Cc: 'Mike Sferra'; 'Bill Nelson' Subject: FYI-Concession contract Attachments: Request for Proposal Concessions 2006.doc Request for ,roposal Concessio.. The concession contract between Jolly Trolley Snocones of Texas and the City of Wylie was terminated earlier this month. The City is now asking for Requests for Proposals to all interested parties wishing to pursue the contract. I am attaching the RFP for your information; this RFP will be posted in the Wylie News for the next two weeks. Note that there is a Pre-Proposal meeting that gives any potential vendor an opportunity to ask questions and see the facilities prior to putting in a proposal. It is mandatory for anyone wishing to turn in a proposal. When you look at the attached Word document make sure you are looking at the"Final Version"not the ones with the mark ups. If you have any questions or problems let me know. Thanks. Robert Diaz Asst. Superintendent City of Wylie Parks and Recreation Department 972-442-8197 office 972-442-1744 fax rdiaz@ci.wylie.tx.us 1 BID PROPOSAL TO THE CITY OF WYLIE 2000 Highway 78 North Wylie, TX 75098 ATTN: Jim Holcomb, Purchasing Agent REQUEST FOR PROPOSAL CONTRACT FOR CONCESSION SERVICES Submitted by: SUNSHINE CONCESSIONS 1530 Oak Tree Allen, Texas 75002 (972) 693-3196 (972) 693-3189 Micheal L. Daniels, Jr. Owner January 29, 2006 ATTN: Mr. Jim Holcomb Purchasing Agent Re: Request for Proposal for Concession Services Thank your for giving us the opportunity to participate in the bid for the above subject. We have reviewed the Request for Proposal you have provided, and we feel confident that we are very qualified in meeting the requirements and your expectations to provide a high level of service. With deference to your anticipated compensation, we would like to propose an alternate method of compensation for the right to operate concession at above mentioned parks in the form of a flat fee in the amount of$3,500.00 per year. In addition, we will commit to an additional 15% fee for any amount over $30,000 gross sales amount. This amount will be paid to the City of Wylie in two installments, the first installment of$1750.00 on July 31 t and second installment of$1,750.00 plus 15% of gross sales amount over $30,000 on December 31 St As an alternative proposal, The Sunshine Concession Company is prepared to offer the traditional method of payment to The City of Wylie amounting to 15% of sales receipts after sales tax deductions. We trust that you will find our proposal in order. Please feel free to call us at your convenience should you have any questions. May we reiterate our thanks and appreciation for your consideration in this matter. Sincerely, Micheal Daniels, Jr. INSURANCE REQUIREMENT AFFIDAVIT (SUPPLEMENTAL INFORMATION) I, the undersigned, certify that the insurance requirements contained in this bid/proposal document have been reviewed. If the below identified vendor is awarded this contract by the City of Wylie, I will be able within ten (10) working days after being notified of such potential award, to furnish a valid insurance certificate to the City meeting all of the requirements contained in this proposal. Mug.ube 5,4 Agents Name Name of Insurance Carrier Address of Agency rX 7''5g5 City, State, Zip (617i) (.43 - 0'53 Phone number where Agent may be contacted Micheal Daniels, Jr. LIST OF STAFF The following are major personnel that will oversee the daily operations of concession services for Founders Park and the City of Wylie's Community Park. Micheal Daniels,Jr. Owner. He is involved in every facet of operation including inventory, administrative, hands-on employee training, and customer service. Mr. Daniels has had extensive training in the food service industry, and has been certified in food safety and the operations of food service establishments. Rin Lim General Manager. Mr. Lim has over 15 years experience in concessionaire services. He is the President of R.S. Lim & Son, Inc. He is responsible for successful concession and snack bar operation in the City of Plano and the Town of Flower Mound. Through establishing R.S. Lim & Son, Inc., he has demonstrated an outstanding performance operating multiple locations (total 10 sites), both in permanent building sites as well as, mobile sites. Tes Lim Mrs. Lim has worked for R.S. Lim & Son, Inc since 1993. She is familiar with every aspect of this business. Mrs. Lim has also been certified in food safety. Jennifer Daniels During the past ten years Mrs. Daniels has maintained a disciplined work ethic and has started and maintained her own business. She is familiar with the concessionaire services and will be involved in employee training and customer service. Professional History in Concession Services Rin Lim & Micheal Daniels SPECIAL EVENTS 1993, 1994 Memorial Day Girls' Softball Tournament,Plano 1996, 1997 1994— 1997, 1999 Labor Day Soccer Tournament,Plano Youth Soccer Association (PYSA) 1994& 1996 Amateur Softball Association National Women's Tournament 1994— 1999 Spring Kick Soccer Tournament,PYSA 1995 Amerifest,multicultural event,downtown Dallas 1995— 1996 ASA Girls' Fast-pitch Softball Tournament,Denton 1998& 1999 Cavanaugh Flight Museum,Addison Airport air show 1998-2002 Texas Stadium,YMCA Youth Football Tournament 2000—2003 July 4t Fireworks Celebration,High Point Park,Plano 2004-2005 July 4th Celebration, Freedom Fest, South Fork Ranch Proposed Menu Selection and Means of Service for City of Wylie Park Concessions FOODS & CONFECTIONS PRICE Hotdog $1.50 Chili Cheesedog $2.00 Nachos $2.50 Chili Cheese Nachos $2.75 Popcorn (butter flavored) $1.00 (Reg.) $1.50 (Large) Candies (wide variety) .25, .75, 1.00 Chips .75 Ice Cream Bars $1.50 (In addition to traditional items, we will add healthier snack item, such as baked chips, natural candies, and protein bars) HOT & COLD BEVERAGES Pepsi, Diet Pepsi, Sierra Mist, $1.50 Dr. Pepper, Mountain Dew 20 0z. Fresh Lemonade 24 oz. $1.75 Aqua Fina Bottled Water 20 oz. $1.75 Gatorade 20 oz. (3 flavors) $2.00 Coffee 12 oz. $1.00 24 oz. $1.50 Hot Chocolate 12 oz. $1.50 24oz. $2.00 Snow Cones $1.50 Cherry, Grape, Banana Blue Coconut, Rainbow NOTE: ALL PRICES ABOVE INCLUDE SALES TAX. ABOVE PRICES SUBJECT TO CHANGE WITH PRIOR APPROVAL FROM THE CITY OF WYLIE. LIST OF EMPLOYEES Name Experience Jacquilin Lim 12 years Jasmine Lim 8 years Daniel Caplan 8 years Ryan Grilz 6 years Lindsey Griffin 5 years Jerry Ulmer 4 years Thomas Terman 4 years Gina Reno 4 years Collin Morris 4 years Catherine Morris 2 years Katie Becker 2 years Emily Terman 1 year Richmond Rameriz 1 year CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No. #: 613-5723 Date Prepared: February 3, 2006 Budgeted Amount: N/A Exhibits: Bids AGENDA SUBJECT: Consider and act upon award of a construction contract to GT Construction, Inc., in the amount of$12,870.00, for the removal and replacement of approximately 1,500 square feet of concrete paving. RECOMMENDED ACTION: Approval SUMMARY: CT's convenience store is located on the south side of SH 78 between Eubanks and Spring Creek Avenue. Prior to the reconstruction of SH 78, the drainage from the site generally flowed north into the drainage swales along the existing roadway. The grades of the reconstructed SH 78 were raised in this area to provide proper drainage due to the flat topography of the roadway and as a consequence,the drainage from CT's no longer flows into SH 78. The proposed solution is to regrade a portion of the site to redirect the drainage into an existing storm sewer inlet on SH 78. TxDOT was notified of the change; however, they recommended not issuing a change order to Site Concrete for the work as to not delay the completion of the SH 78 opening. The City will be receiving a reimbursement for the construction of SH 78 estimated to be $50,000 for final quantity adjustments. The City solicited two bids for the work and the lowest price was submitted by GT Construction, Inc. APPROVED BY: Initial Date Department Director: CH \ 2/03 City Manager: rnJI \ d/,QM6 1 GT Construction, Inc. Estimate 510 Quail Creek Blvd. Wylie, TX 75098 Date Estimate# 1/13/2006 [ 478 Name/Address City of Wylie Hwy 78 Wylie, Texas 75098 Project r j CT's Drainage Improvements Item Description Qty Rate Total Paving Sawcut,tearout and replace existing concrete to 12,870.00 12,870.00 create positive drainage to drainage flume *sawcut,tearout and replace-approximately 1500 sq ft *sawcut and tearout only- approximately 940 sq ft Tie into flume NOTE Job is bid to be done in 2 phases as per request of owner. NOTE GT Construction will not be responsible for underground damage to utilities, septic,phone lines, irrigation, cable, gas line, electrical lines, etc (anything underground) I I I I GT Construction, Inc. Total Gary Todd Watkins 972-467-1925 $12,870.00 SITE CONCRETE, INC j 1 3340 Roy On •• Grand Prairie, TX 75050 4207 972-313-0733 • Fax 972-513-0825 Estimating Fax 972-513-0661 January 17, 2006 City of Wylie Mr. C. A. Davis. Jr. City Engineering Department 2000 Highway 78 North Wylie TX, 75098 Re: Project: Alanis Drive Mr. Davis: We propose to complete the drainage improvements at the Citgo frontage area per plan for the price of $26,000.00. If you have any questions or need any additional information please call, 972-979-8519. Thanks. Sincerely, (dam Gfeg Klatt Copy; Job File , 1) Q --- / . :, \ 7.;,,';'` :A, ."''7-• -- --------- ---------,, . : 7 - I..X 777 : - ; SO ,,___2),L,,..._ --.!_a_ac) :,,, 9; X. ,.3.E ._--- -- - / e: ' 4• 1 j• Corr/ : : , : , C), 24_,.o s, 4'' *7.2_ -t-, ' -,' ) - OF . --, , iL J!..3,7 S ! ('' ! 4'!it!) !•• ! 700 7 ; ,-- : : : :...4.6.,. ..e__:' hillvt,i_si - T•oe Ej,,J, ,_4,01 ,7_1 _t_ : 2&0_ TE-E // E ',: / L-6y : E : . 2() 1-- E E : _ • 1 1, IRAeel -1 ' ( 4t 1 ' , ' ; './e)c)Y Z -s- ! -3 ' 1 . , , ; , ; ; , 1 —. ! Roliz ReAo 1'47- !- • ! ! ! : 25j °Q : ; , ! ! ' ! ! ! ' ! _ I 4 0c,5'12 ! , ! , ! ' , . ' ''d ---! : ! —7 , l'O h''`-:' ! /204), E , I , ,, 5,,,i,„..(1, 1 „ i i So() --! E 1 i, „--Jr---- 0 1 1 1 ' . , 1!„.... .,_7 -1-2.[..,..„,„ E-i, i 4 1 t ! ••)!....._?--r I , , ! ' ! ! ;•---7-1- ! • Oci . .9...enlr-: ! • ',.1 -1-1 ..1 ! = !/e,.. V 1 i. 5::::0 1 ;! ! i ii4e0e.1— e,)eio'5(',3 = I•tecip ..."..)4,45...6-4--tir_er-- 1 1 i E , ,• I , , I (lb-, vo4 •s-.:-:E, = ! 1 1 , • rI IfCt tO -I,4i5z4 I -: 1/554> I I 1 I i 1 J I I 7 43: I 1! 1I I. _1 . i . , i Zt.i(J • !icil- j167q_ • ---! 1.• / 5 ./6 '7'0° .2-' — ,- ----- _,- , --_,- -, . ---- .,--- Y --- ,-- _, ----- _...-- ., ., _------ ---/--i,i-.,', - •-- . - ' -.-,'..—;:i_g_ J -', -- ---- . _ CITY OF WYLIE Item No. 1 Cary Secretary's Use Only CITY COUNCIL AGENDA ITEM Board Meeting Of: February 14,2006 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: January 25,2006 Budgeted Amount: Exhibits: Vendor registration form AGENDA SUBJECT: Consider and act upon a request from Cub Scout Pack 1049 to have a fundraiser at the Bart Peddicord Community Center on February 25,2006. RECOMMENDED ACTION: N/a SUMMARY: Mrs. Hux notified the staff at the BP Community Center that their Cub Scout Pack would like to have a raffle or silent auction of cakes at their event in order to raise funds for their pack. Staff has worked with many groups such as Pack 1049 and does not foresee any problems with this event. The Parks and Recreation Board voted unanimously to approve the request of Cub Scout Pack 1049 to have a fundraiser at the Bart Peddicord Community Center on February 25,2006. APPROVED BY: Initial Date Department Director: MS \ 1/25/06 City Manager: /e \ no/%6 ;L Parts&Re...re:Won CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION.INDIVIDUAL.ETC. EVENT INFORMATION Name Cucou 10(19 Locationocal)cn CetrstAtx-- Address ribDri aidYNO"LA" Date(s) brtjuf(1c5, 1 cacOLQ PhoneNot < 4 Start Time Alternate Phone No. 971D-CALI t -CfiSS% End Time p rym Contact Person NameOhrJeki (Ails Number of Individuals Vending ltemseSt4.6\WI Addressl backyle Target Audience QIIIOnCOUAL 4n; Phone No.01-7 -ot,t4 -4 ,9-c-,tra Anticipated Number in Attendance at Event CID Alternate Phone No. !at Li-Lai -9203 Specific Items to be Sold CaYeb MOdE. Emergency Contact Name CA-Net-1 c)FJOen Fr__) _ Address r /)1Cli Arnrr;'4.N. 14)nvichl.. aLAbe cionrarA Phone No. ql - u‘coi (e 40( 5 kJ- ocadnon. Alternate Phone No.cc) "at. kADCs_ 0,6krt I I cr V)e-tio -'?it rct Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities,and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states:It shall be unlawful for any person to solicit for sale,vend,peddle,seller offer to sell any cold drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever wihin the city park or recreation or community center facility;provided,however,that this section Shall not apply to wry person,oryanizations,firnis or corporations or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center fealties of the city. CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No.#: Date Prepared: January 23, 2006 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Hold a public hearing and consider and act upon Ordinance No. 2006-08 approving a change in zoning from Agricultural District to Single-Family 10 (SF-10/19) District, generally located west of Thomas Street and south of Stone Road. RECOMMENDED ACTION: The Planning and Zoning Commission voted on January 17, 2006, 7-0 to recommend approval. SUMMARY: Owner/Applicant: Trimble Family Investment, Ltd. Applicant: Benjamin C. Nebe — Everlasting Builders Property totals 4.5434 acres, and is located west of Thomas Street and south of Stone Road. Abutting properties to the west are platted as the Caldwell Estates and those to the north are within the Eldridge Addition,both created in 1962. WISD and City of Wylie ownership and facilities abut the tract on the south. Notification/Responses — Seventeen (17) notifications were mailed. One (1) written response returned OPPOSING the request. The applicant is proposing to develop single family residential lots on 4.5434 acres. The subject property will conform to the requirements of Single-Family Residential 10/19 of the current Zoning Ordinance. Comprehensive Plan recommends that the entire tract be developed as medium density(minimum 10,000 s.f.) lots. The requested residential density complies with this recommendation of the Comprehensive Plan. A fifty(50) foot easement to State of Texas exist along the entire length of the western property line. This 50 foot easement also continues along the southern portion of the tract. A Preliminary Plat and Final Plat will be required prior to the issuance of any building permits and prior to acceptance of the Subdivision from the City. APPROVED BY: Initial Date Department Director: MM \ 01/23/06 City Manager: !i l< \ //o/o6 1 ORDINANCE NO. 2006-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2005-22, TO SINGLE FAMILY 10/19 FOR SINGLE-FAMILY RESIDENTIAL USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family-10/19 (SF-10/19) for single family residential uses, said property being described in Exhibit"A", Exhibit"B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance No.2006-08 Zoning Case 2005-22 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of February, 2006. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News-February 22,2006 Ordinance No.2006-08 Zoning Case 2005-22 Exhibit"A" Legal Description Zone Case#2005-22 Being all that certain lot, parcel or tract of land situated in the Allen Atterbury Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas, and being a part of a called 53.709 acre tract conveyed to Terrell M. Trimble by deed recorded in Volume 846, Page 151, Deed Records, Collin County, Texas, same being conveyed to Trimble Family Investments, Ltd., by deed recorded in Volume 3828, Page 301, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch iron rod found for corner, and being the Northwest corner of a tract of land conveyed to the City of Wylie by deed recorded in Volume 1151, Page 316, Deed Records, Collin County, Texas, and being in the West line of Thomas Street (a variable width asphalt road); Thence South 00 Degrees 29 Minutes 36 Seconds East, along the West line of said Thomas Street, a distance of 460.55 feet to a X found for corner, and being the Northeast corner of a tract of land conveyed to Wylie I.S.D. by deed recorded in Volume 684, Page 895, Deed Records, Collin County, Texas; Thence North 74 Degrees 35 Minutes 06 Seconds West, along the North line of said Wylie I.S.D. tract, a distance of 528.18 feet to a 1/2 inch iron found for corner, and being the Northwest corner of said Wylie I.S.D. tract, and being in the East line of a 15 foot alley; Thence North 00 Degrees 17 Minutes 20 Seconds West, along the East line of said 15 foot alley, a distance of 319.43 feet to a 5/8 inch iron rod found for corner, and being the intersection of the East line of a 15 foot alley and the South line of a 15 foot alley; Thence North 89 Degrees 55 Minutes 11 Seconds East, along the South line of said 15 foot alley, a distance of 506.82 feet to the Point of Beginning and containing 197,914.55 square feet or 4.5434 acres of land. 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CLO.DGC.G.31 -!.•35 MI a w..H.....M......•Ow=3 n).n..n � -- Lpf -_■}y� 3oL.3.PG.37 M..Maw..3.3..e...NM. ril LOT to, LOT ur 78 am 4tg . • 10'MILT '��....! ,� WY..•t 1'[ NV..3.K •INT or "'' ' I II SEGINNINO f L'T I I PRLOT 1 II I I `am i LIT * II i .I PROPOSED 'FR• t I1 w... :S^ I 1 CROSS AKA i« H7AU.S3 .M. '�+ `• u PROPOSED _ 8.3433 :j LOT ... ZONED'-51-..3/1] _ ! LOT 3 S I STOWS .a. ..� 4 Ill VOL.CITY 1 S1.PG.316 WYLIE I «33P I E L� I S. PROPOSED E . aT 3 " ; 33.011.3 .N. '•"• . C n sO7. WSW ISO3 1311.4.1.1.30 DEC 1 3 2005 I I By I • 21WT . - i110 AS MST. I CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM City Attorney/City Council Meeting Of: February 14, 2006 Originating Department: Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: February 9,2006 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider authorizing the City Manager to sign a Development Agreement, subject to approval by the City Attorney's Office,between the City of Wylie and Braddock Place Estates,Ltd. RECOMMENDED ACTION: Approve. SUMMARY: Mr. Ryan Betz, representing Braddock Place Estates, Ltd., and Mr. Art Anderson contacted the City about the need for a Development Agreement. Ms. Julie Fort and I met and discussed the general contents of an agreement with them,which Ms. Fort and Mr. Anderson wordsmithed that resulted in the attached proposed Agreement. The proposed Agreement sets forth the property involved, which is a _ acre tract of land. It covers how the construction of a proposed sewer line is to be handled(giving the City the option to either build it and/or have the developer construct it with a proviso for reimbursement, if so directed by the City). It covers water, sewer and road impact fees. With respect to road impact fees, it establishes a per lot fee in advance of the adoption of a road impact fee by the City Council for the initial phase of the development; however, it allows for the City to be reimbursed if the road impact fee adopted is more than the initial fee established in the Agreement. It covers the dedication of approximately 28 acres of parkland to the City in three (3) distinct phases. It covers the construction of the road labeled "Street AF," which is to be constructed by the developer, at their sole cost, including a provision that the street will be constructed in such a way as to not be closed for more than 24 hours in a seven day period. And, finally, it covers the construction of landscaping along FM 544 and Stone Road by a future Homeowners Association. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 02/09/06 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND BRADDOCK PLACE ESTATES, LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Braddock Place Estates, Ltd., a Texas Limited Partnership (the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the"Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 2005-24, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; To the extent there is any conflict between Planned Development Ordinance No. 2005-24 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 2005-24 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, the Developer desires to defer a portion of the dedication of approximately 28 acres of park to the City required by Chapter 78, Article IV of the City's Code of Ordinances (the"Parkland Dedication Ordinance"); and WHEREAS, a lift station and a sanitary sewer main line within Twin Lakes Outfall are needed to serve all or some of the residential lots reflected on Exhibit "B" to be developed by Developer(said residential lots hereinafter referred to as the"Project"); and WHEREAS, the Developer and Wylie have agreed that this Agreement is the best way to proportionately share in costs of the necessary infrastructure to serve the Project in accordance with the terms set forth below; and WHEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001- 19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising, including but not limited to any ordinance adopted to establish roadway impact fees after execution of this Agreement(collectively, the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is 185.1449 acre tract of land, more or less, as more particularly described in Exhibit "A", attached hereto and Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 1 442854.v1("FINAL") incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property. 2. Off-site Sanitary Sewer Line. Developer acknowledges that the construction of a sanitary sewer main from the Twin Lakes Lift Station to the Muddy Creek Regional Wastewater Treatment Plant is necessary to serve all or a portion of the Project(the "Sewer Line"). A. Easements for Sewer Line. The City shall secure all easements or other right of access determined by City to be necessary for the Sewer Line (the "Easements"). B. Construction of Sewer Line. To facilitate the development of the Sewer Line, Developer shall obtain a detailed quote or offer of costs for Developer to construct the Sewer Line ("Developer's Quote"). Developer's Quote shall be obtained by Developer and submitted to the City upon receipt, but not later than sixty(60) days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct the Sewer Line in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within three (3)business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Developer shall cause construction of the Sewer Line to begin within forty-five (45) days of receipt of notice from the City that it approves of the contract and will actively continue construction until the Sewer Line is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Sewer Line that it had prior to this Agreement. C. Reimbursement of Sewer Line Costs. If Developer constructs the Sewer Line in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's Quote or Developer's actual costs, whichever is less. The City agrees to reimburse Developer on a monthly basis for costs incurred within twenty (20) days of receipt of invoice for the portion of the Sewer Line that is constructed. Developer shall not cause work to be performed, or approve any contract amendments (or series or group of amendments), which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in an extension of the time for completion of the Sewer Line or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project. 3. Capital Improvement Plan. City acknowledges and represents to Developer that the Sewer Line is included in the City's Capital Improvements Plan. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 2 442854.v1("FINAL") 4. Water and Sewer Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards water or sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect water and sewer impact fees against the Property pursuant to the Impact Fee Ordinances. 5. Road Improvements and Impact Fees. A. Developer shall not be required to widen FM 544/Stone Road or Vinson Road. The home builders within the portion of the Property platted as Phase 1, containing eighty-five (85) lots shown on the approved Preliminary Plat attached hereto as Exhibit `B", will pay a fee to the City for every lot at the time of building permit issuance in an amount of one thousand dollars ($1,000.00) per lot ("Lot Fee"), for a total of eighty-five thousand dollars ($85,000.00). The City shall not issue a building permit for a lot until the Lot Fee is paid. All future phases shall be subject to the Impact Fee Ordinances, including but not limited to any ordinances adopting roadway impact fees. Developer acknowledges the City was in the process of adopting a roadway impact fee ordinance at the time of execution of this Agreement. B. In the event the Lot Fee is less than the roadway impact fees adopted by the City, the Developer shall pay City the difference between the amount of roadway impact fees adopted multiplied by eighty-five lots and eighty-five thousand dollars ($85,000.00). For demonstration purposes only, if roadway impact fees are subsequently adopted in the amount of$1,250.00 per single-family residential lot then Developer would owe City $21,250.00, which is $250.00 multiplied by 85. In the event the Lot Fee is greater than the roadway impact fees adopted by the City, the City shall pay Developer the difference between eighty-five thousand dollars ($85,000.00) and the amount of the Lot Fee subtracted from the roadway impact fees adopted. For demonstration purposes only, if roadway impact fees are subsequently adopted in the amount of$800.00 per single-family residential lot then City would owe Developer $17,000.00, which is $200.00 multiplied by 85. Any amount owed by either party pursuant to this paragraph S.B. shall be paid to the other party upon release by the City of the final plat for filing of the second phase. If Developer owes money to the City pursuant to this paragraph S.B., the City shall not release the final plat for the second phase for filing until full payment is received. C. All phases of the Project, except for Phase 1, shall be assessed and shall pay roadway impact fees in accordance with the Impact Fee Ordinances. 6. Parkland Dedication. To satisfy its obligations under the Parkland Dedication Ordinance, the Developer shall dedicate approximately twenty-eight (28) acres to satisfy the park dedication requirements for the Project as more particularly depicted as Tract 1 and Tract 2 being approximately fourteen (14) acres each on Exhibit "C", attached hereto and incorporated as if fully set forth herein (the "Park"). The Park land shall be dedicated to the City in three (3) phases as follows: A. The final plat for Phase 1 of the Project shall dedicate the western half of Tract 1, being approximately five (5) acres, as parkland to the City, free and clear of any liens and encumbrances, other than existing utility easements; and Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 3 442854.v1("FINAL") B. The final plat for Phase 2 of the Project shall dedicate the eastern half of Tract 1, being approximately nine (9) acres, as parkland to the City, free and clear of any liens and encumbrances, other than existing utility easements; and C. The final plat for Phase 3 of the Project shall dedicate all of Tract 2, being approximately fourteen (14) acres, as parkland to the City, free and clear of any liens and encumbrances, other than existing utility easements. 7. Construction of North-South Road Connection between Elm Drive and Phase I. The street labeled "Street AF" on Exhibit "B" shall be constructed by Developer, at Developer's sole cost and expense, as a concrete residential street with the same street section as Phase 1 (the "AF Street Improvements"). The City shall not issue any building permits for the second phase of the Property until the AF Street Improvements are completed by Developer and accepted by the City. The right of way for Street AF shall be dedicated to City by Developer on the Phase 1 final plat. Developer, at Developer's sole cost and expense, shall construct (and remove if temporary) any other improvements, whether temporary or permanent, necessary to allow safe and continuous vehicle access across the Property from Elm Road to FM 544. For purposes of this paragraph 7., "continuous" shall mean that Developer shall use its best efforts to maintain continuous access and in no case shall access be unavailable for more than twenty-four (24) hours in a seven (7) day period. After removing temporary improvements, Developer shall restore the surface of the Property to substantially the same condition in which it existed prior to the temporary improvements being constructed. 8. Formation of Homeowner's Association and Landscaping along FM 544/Stone Road. Developer shall provide for the formation of a homeowners' association. The homeowners' association shall own and be responsible for the maintenance of the common areas and greenbelts located within the boundaries of the Property (to be described on the subject plats), including any and all respective appurtenances (such as, without limitation, landscaping, screening walls irrigation, equipment, related structures, other homeowners' association infrastructure, etc.) (the "HOA Property). Every owner of a lot within the Property shall be a member of the homeowners' association. The homeowners' association shall provide for the payment of dues and assessments required to maintain the HOA Property. The homeowners' association documents must be filed for record with the county concurrently with the filing of each final plat for the Property. City hereby grants the homeowners' association a revocable and non-assignable license for right-of-entry to install and maintain landscaping and irrigation equipment in the City's right-of-way along FM 544/Stone Road, with such right-of-way being depicted on Exhibit "D", which is attached hereto and incorporated as is fully set forth herein. This license may be revoked by the City providing thirty (30) days notice to the homeowner's association, if determined necessary by the City's Engineer for the City to fully enjoy or protect its right-of-way. 9. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Dallas County and Collin County. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 4 442854.v1("FINAL") 10. Sovereign Immunity. Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 11. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Developer to: Braddock Place Estates, Ltd. 3838 Oak Lawn, Suite 1212 Dallas, Texas 75219 Attention: Richard M. Skorburg With a copy to: Art Anderson. Winstead Sechriest&Minick 5400 Rennaisance Tower Dallas, Texas 75201 If to City, to: Mark B. Roath City Manager 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Julie Y. Fort Abernathy,Roeder, Boyd&Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 12. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 5 442854.vl ("FINAL") 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY DO NOT CONSTITUTE A: (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (c) NUISANCE;AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. Vested Rights/Chapter 245 Waiver. Nothing in this Agreement shall be implied to vest any rights in the parties. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT,EXCEPT FOR CLAIMS UNDER CHAPTER 245 BASED UPON THE PRELIMINARY PLAT FOR PHASE 1 OF THE PROPERTY THAT WAS APPROVED PRIOR TO THE EXECUTION OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 6 442854.v1("FINAL") 14. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to a proceeding brought pursuant to ¶ 12 or 13 above, the prevailing party may recover its reasonable and necessary attorneys' fees from the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code, effective on September 1, 2005 or as it may subsequently be amended. 15. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer to the City. 16. Compliance with Ordinances. The parties hereto acknowledge this Agreement is limited to setting forth the obligations created by the Parkland Dedication Ordinance and that the Property shall be subject to the Impact Fee Ordinances. City ordinances covering on-site improvements, property taxes, tap fees, utility rates, subdivision regulations and the like are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any other ordinance, whether now existing or in the future arising. 17. Miscellaneous. a. Assignment. This Agreement is assignable upon the following conditions: i. the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; ii. at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; iii. Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and iv. Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. b. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 7 442854.v1 ("FINAL") d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof g. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 1. Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental authority, civil riot, flood, or any other cause not within the control of the party, the period for Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 8 442854.v1("FINAL") performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. m. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. n. Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. o. Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. CITY OF WYLIE,TEXAS, BRADDOCK PLACE ESTATES, LTD., a municipal corporation a Texas limited partnership By: By: Mark B. Roath, City Manager Ryan Betz, President Date: Date: BRADDOCK PLACE HOLDINGS,LTD. a Texas limited partnership By: Date: Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 9 442854.v1("FINAL") STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared Mark B. Roath, the City Manager of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS * COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Ryan Betz, the President of BRADDOCK PLACE ESTATES LTD., a Texas limited partnership, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for BRADDOCK PLACE ESTATES, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS * COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , the of BRADDOCK PLACE HOLDINGS, LTD., a Texas limited partnership, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for BRADDOCK PLACE HOLDINGS, LTD., and he executed said instrument for the purposes and consideration therein expressed. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 10 442854.v1("FINAL") GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 11 442854.v1("FINAL") EXHIBIT A LEGAL DESCRIPTION BEING a 184.8951 acre tract of land situated in the E. M. PRICE SURVEY, ABSTRACT NO. 725, the D. W. WILLIAMS SURVEY, ABSTRACT NO. 980, the NATHANIEL ATTERBERRY SURVEY, ABSTRACT NO. 1099, and the WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, Collin County, Texas, and the E. M. PRICE SURVEY, ABSTRACT NO. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 266 Deed Records, Collin County, Texas, (D.R.C.C.T.) save and except parcels take for road rights of way and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner and being the intersection of the westerly line of said 134.33 acre tract of land with the northerly line of Vinson Road (a 60' ROW) said intersection point being at the most easterly corner of Twin Creek Estates, an addition to the City of Wylie,recorded in Volume 72,Page 808,Map Records,Dallas County, Texas; THENCE North 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a 1/2 inch iron rod found for corner; THENCE North 47 degrees 43 minutes 58 seconds West, continuing along said old fence line and on said Twin Creek Estates easterly line, a distance of 360.95 feet to a 1/2 inch iron rod found for corner; THENCE northwesterly, along an old fence line, the following three (3) calls: (1) THENCE North 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a 1/2 inch iron rod found for corner; (2) THENCE North 47 degrees 31 minutes 52 seconds West, a distance of 404.96 feet to a 1/2 inch iron rod found for corner; (3) THENCE North 47 degrees 18 minutes 48 seconds West, a distance of 327.40 feet to a 1/2 inch iron rod found for corner and being the most northerly corner of a tract of land conveyed by deed to Larry Morgan, recorded in Volume 1449, Page 264 D.R.C.C.T.; THENCE South 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old fence, and the northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to a 3/8 inch iron rod found for corner; THENCE South 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the northwesterly line of said Larry Morgan tract of land to a point in an old fence line, a distance of 115.79 feet a 1/2 inch iron rod set for corner; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 12 442854.v1("FINAL") THENCE northerly, along an old fence line and along the meanderings of a creek bluff the following nine (9) calls: (1) THENCE North 16 degrees 10 minutes 57 seconds West, a distance of 184.51 feet to a 3/8 inch iron rod found for corner; (2) THENCE North 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8 inch iron rod found for corner; (3) THENCE North 14 degrees 46 minutes 10 seconds West, a distance of 37.08 feet to a 3/8 inch iron rod found for corner; (4) THENCE North 26 degrees 15 minutes 15 seconds West, a distance of 200.07 feet to a 3/8 inch iron rod found for corner; (5) THENCE North 23 degrees 31 minutes 48 seconds West, a distance of 56.70 feet to a 3/8 inch iron rod found for corner; (6) THENCE South 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a 1/2 inch iron rod set for corner; (7) THENCE North 14 degrees 51 minutes 31 seconds West, a distance of 228.87 feet to a 1/2 inch iron rod set for corner; (8) THENCE North 03 degrees 51 minutes 19 seconds West, a distance of 77.26 feet to a 1/2 inch iron rod set for corner; (9) THENCE North 01 degrees 22 minutes 06 seconds East, a distance of 120.14 feet to an 18 inch Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey; THENCE easterly, along an old fence line, along the south line of said D. W. Williams Survey, the following four(4): (1) THENCE South 89 degrees 46 minutes 03 seconds East, a distance of 659.55 feet to a 1/2 inch iron rod set for corner; (2) THENCE South 89 degrees 51 minutes 16 seconds East, a distance of 212.12 feet to a 1/2 inch iron rod found for corner; (3) THENCE South 89 degrees 38 minutes 47 seconds East, a distance of 1135.88 feet to a 3/8 inch iron rod found for corner; (4) THENCE South 89 degrees 56 minutes 14 seconds East, a distance of 168.67 feet to a 1/2 inch iron rod found for corner; THENCE North, a distance of 532.51 feet to a 1/2 inch iron rod found for corner; THENCE South 88 degrees 01 minutes 19 seconds East, a distance of 19.78 feet to a 3/8 inch iron rod found for corner and being a point in a public road; THENCE North, along the east line of the Wolfe Tract recorded under C.C.F.N. 92-0002420 D.R.C.C.T., 32.50 feet to a 1/2 inch iron rod set for corner; THENCE South 89 degrees 19 Minutes 12 Seconds East, with the south line of the East Fork Special Utility Tract recorded under C.C.F.N. 93-0045690 D.R.C.C.T., 16.76 feet to a 3/4 inch iron pipe found for corner; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 13 442854.v1("FINAL") THENCE North 00 degrees 44 minutes 34 seconds West, along the east line of the Ceilly tract recorded in Volume 2898, Page 783 D.R.C.C.T.,passing a 3/4 inch iron rod found at 147.58 feet and continuing for a total distance of 662.06 feet to a 1/2 inch iron rod set for corner; THENCE North 00 degrees 43 minutes 47 seconds West, with the east line of said Ceilley Tract, 641.34 feet to a 1/2 inch iron rod set for corner and being the northeast corner of a tract of land conveyed by Darlene Ceilley recorded in Volume 5020, page 2287, D.R.C.C.T., and being a point on the south line of the A. ATTERBERRY SURVEY, ABSTRACT NO. 23, said point also being the northeast corner of said Ceilley Tract and also being in a tract of land conveyed by deed to Michael Hood, recorded in County Clerk's File No. 95-0056731, D.R.C.C.T.; THENCE East, along the south line of said A. ATTERBERRY SURVEY, and along the of the south line of said Hood tract of land, a distance of 1220.11 feet to a 1/2 inch iron rod found for corner, and being a point on the westerly line of Farm to Market Road 544 (a 90'R.O.W.); THENCE along the westerly line of said Farm to Market Road 544 the following eight(8) calls: (1) THENCE South 04 degrees 31 minutes 19 seconds East, passing a wooden right of way marker at a distance of 208.24 feet and continuing for a total distance of 211.90 feet to a 1/2 inch iron rod set for corner and being the beginning of a non-tangent curve to the right having a central angle of 04 degrees 57 minutes 44 seconds, a radius of 2819.79 feet and a chord which bears South 02 degrees 02 minutes 28 seconds East, a distance of 244.14 feet for corner; (2) THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a 1/2 inch iron rod found for corner and being the end of said curve; (3) THENCE South 00 degrees 28 minutes 42 seconds West, a distance of 1217.75 feet to a 1/2 inch iron rod set for corner; (4) THENCE South 00 degrees 52 minutes 55 seconds East, a distance of 108.89 feet to a 3/8 inch iron rod found for corner and being the beginning of a cutback line in said Farm to Market 544 westerly line; (5) THENCE South 44 degrees 16 minutes 48 minutes West, a distance of 37.41 feet to a 1/2 inch iron rod set for corner; (6)THENCE South 00 degrees 52 minutes 55 seconds East,passing the common property line of said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total distance of 40.00 feet to a 1/2 inch iron rod set for corner; (7) THENCE South 44 degrees 27 minutes 55 seconds East, a distance of 38.48 feet to a 1/2 inch iron rod set for corner; (8) THENCE South 00 degrees 52 minutes 55 seconds East, a distance of 1926.55 feet to a 1/2 inch iron rod set for corner; THENCE South 48 degrees 20 minutes 46 seconds West, a distance of 65.70 feet to a 1/2 inch iron rod set for corner; THENCE North 88 degrees 30 minutes 46 seconds East, a distance of 133.60 feet to a 1/2 inch iron rod set for corner and being a point on a County Public Access Road; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 14 442854.v1("FINAL") THENCE South 47 degrees 02 minutes 55 seconds East, along said County Public Road, a distance of 136.82 feet to a 1/2 inch iron rod set for corner; THENCE South 89 degrees 59 minutes 18 seconds West, along the North line of a tract of land conveyed by deed to Bill Kreymer in Volume 222, Page 423 of the Deed Records, Dallas County, Texas, a distance of 372.73 feet to a 1/2 inch iron rod set for corner; THENCE South 36 degrees 59 minutes 18 seconds West, along the northwesterly line of a dedicated portion of Vinson Road and the northwesterly line of said Kreymer tract of land, a distance of 1094.11 feet to a 1/2 inch iron rod set for corner and being the northwesterly corner of said Bill Kreymer tract of land and the southwesterly corner of said 134.33 acre tract of land; THENCE North 46 degrees 12 minutes 49 seconds West, crossing Vinson Road, a distance of 175.74 feet to the POINT OF BEGINNING and containing 8,054,028.6735 sq. ft. or 184.8951 acres of land. SAVE AND EXCEPT: BEING A 13.2455 ACRE TRACT OF LAND SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT NO. 980, COLLIN COUNTY, TEXAS, SAID TRACT BEING A PART OF A 53.42 ACRE TRACT OF LAND CONVEYED BY DEED TO MRS. THELMA RICE BY LONE STAR BOAT CO., RECORDED IN VOLUME 561 PAGE 266 DEED RECORDS, COLLIN COUNTY, TEXAS, ( D.R.C.C.T.), SAVE AND EXCEPT PARCELS TAKEN FOR ROAD RIGHT OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND IN THE WESTERLY RIGHT-OF- WAY LINE OF FARM TO MARKET ROAD 544 ( A 90' R.O.W.) AND BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO MICHAEL HOOD, RECORDED IN COUNTY CLERK'S FILE NO. 95-0056731, D.R.C.C.T.; THENCE ALONG THE WESTERLY LINE OF SAID FARM TO MARKET ROAD 544 THE FOLLOWING; THENCE SOUTH 04 DEGREES 31 MINUTES 19 SECONDS EAST, PASSING AT A DISTANCE OF 208.24 FEET, A WOODEN RIGHT-OF-WAY MARKER AND CONTINUING FOR A TOTAL DISTANCE OF 211.90 FEET TO A 1/2 INCH IRON ROD FOUND AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES 44 SECONDS, A RADIUS OF 2,819.79 FEET AND A CHORD WHICH BEARS SOUTH 02 DEGREES 02 MINUTES 28 SECONDS EAST, 244.14 FEET; THENCE SOUTHEASTERLY, ALONG THE SAID CURVE TO THE RIGHT AN ARC LENGTH OF 244.21 FEET TO A 1/2 INCH IRON ROD FOUND AT THE END OF SAID CURVE; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 15 442854.v1 ("FINAL") THENCE SOUTH 00 DEGREES 28 MINUTES 42 SECONDS WEST, PASSING A 1/2 INCH IRON ROD FOUND AT 158.58 FEET, IN THE NORTHWESTERLY LINE OF A 170 FOOT WIDE TEXAS MUNICIPAL POWER AGENCY EASEMENT, RECORDED IN VOLUME 1320,PAGE 464, D.R.C.C.T. AND CONTINUING FOR A TOTAL OF 193.48 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER MARKING THE POINT OF BEGINNING; THENCE CONTINUING WITH THE WESTERLY RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD 544, SOUTH 00 DEGREES 28 MINUTES 41 SECONDS WEST, 110.30 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE DEPARTING THE WESTERLY LINE OF FARM TO MARKET ROAD, NORTH 89 DEGREES 31 MINUTES 19 SECONDS WEST, 50.00 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER AND BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 66 DEGREES 50 MINUTES 53 SECONDS, A RADIUS OF 467.50 FEET AND A CHORD WHICH BEARS SOUTH 57 DEGREES 03 MINUTES 15 SECONDS WEST, 515.03 FEET; THENCE SOUTHWESTERLY, ALONG THE SAID CURVE TO THE LEFT, AN ARC LENGTH OF 545.44 FEET TO A 1/2" IRON ROD SET FOR CORNER, BEING THE END OF SAID CURVE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76 DEGREES 51 MINUTES 09 SECONDS, A RADIUS OF 532.50 FEET AND A CHORD WHICH BEARS SOUTH 62 DEGREES 03 MINUTES 22 SECONDS WEST, 661.90 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 714.26 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, BEING THE END OF SAID CURVE AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 DEGREES 28 MINUTES 57 SECONDS, A RADIUS OF 967.50 FEET AND A CHORD WHICH BEARS NORTH 84 DEGREES 45 MINUTES 32 SECONDS WEST, 176.76 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER AND BEING THE SOUTHWEST CORNER OF SAID TRACT BEING DESCRIBED; THENCE NORTH, ALONG THE EAST LINE OF THE WOLFE TRACT RECORDED UNDER C.C.F.N. 92-0002420 D.R.C.C.T., 32.50 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE SOUTH 89 DEGREES 19 MINUTES 12 SECONDS EAST, WITH THE SOUTH LINE OF THE EAST FORK SPECIAL UTILITY DISTRICT PROPERTY RECORDED UNDER C.C.F.N. 93-0045690 D.R.C.C.T., 16.76 FEET TO A 3/4 INCH PIPE FOUND FOR CORNER; THENCE NORTH 00 DEGREES 44 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF SAID EAST FORK SPECIAL UTILITY DISTRICT TRACT AND THE EAST LINE OF THE CEILLY TRACT RECORDED IN VOLUME 2898, PAGE 783 D.R.C.C.T., PASSING A 3/4 INCH IRON ROD FOUND AT 147.58 FEET, CONTINUING A TOTAL DISTANCE OF 662.06 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 16 442854.v1("FINAL") THENCE SOUTH 89 DEGREES 31 MINUTES 19 SECONDS EAST, 1235.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 576,972 GROSS SQUARE FEET OR 13.2455 GROSS ACRES OF LAND. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 17 442854.v1("FINAL") Exhibit"B" Preliminary Plat f Ent-• ,,, ___1.:,. r',i 1 a a ,1,.t -‘' , / ' , • , +i' .""IA=V ,-' ti!.. ill'•11.1 . -3.14t- -. ( , *ilia)I Ito 4 I liti l' t.,_ .41i. ..,-- • .,-- ,-'" _,„ "2"flY1''' Ili - 4 ,.. .. . ,....../ :.sit-,"•6 ,..., , ''___L__ "„' r-- r:.! •'", „ , / 'T,r,l' m ' --2,.. i ' -----` . - .'• ..q!..,..-4$ , 17",_ / • . 4 . , "111 ,-,N ...,-7-r;..,t2,-, .,,,,, I -. s 7,', \ ...,....,, ;,,ic, . \-- ..,..,4-Y,' 7 i - i . ts= = ..-. :-: ' • -as a =, .........,-.g..- .... , ,.,..- ...e....e.„,,.. , , — ..., .. , - ..::r:. : ' ° ze'ofril 0 ":"-:T: / ,Th,'••• 4 -2.R.11 „, ! ....,,.., •MILT r- %, - ,,tf'',-.7s' ' • . 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'7.17-2-:•.-.z..z.:.:-.:-..:...r..=.17.1.r=,:::::.=::::.:- . sr.;,sr."' , --.-•-7":'.."7.".'—.7.''"'"'.'::--:.. rr.4.S.1-...7...4,kit.---Si......-.F...-2,-:%....,::-".r-•-... i'zl','--•L-71-----"=---'.:7:F....21...-:I.-,.,:i47,1,14. ----—-—-••. ---- ;.-.., ,al..1---•- . -.1...-.•-•:-4z.:7-.174.--• - --.....-----...-. - - 1P...4:75‘47.4: -Tti.----,.- ' i ---- . Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 18 442854.v1("FINAL") Exhibit "C" Parks i'1 30 OPEN SPACE WITH CEDARS•30 D.C. ION OTHER EVERGREENSI -...- ,11,,,,,■■■%I il'I IN r olm11111r1111 A1/111111111H\ I: t i f POTENTIAL -,y I ELEMENTARY SCHOOL SITE li iFF} II \• `, .ASP=, ii AS,I. %�, /4 III; CALLAS OMNTY • S / ••'- I °loos CcoS�'j_ ��. ;, I I Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 19 442854.v1 ("FINAL") • Exhibit "D" Landscape in ROW . M a . M.. U • ' ar!lgiI .w ,rIV Mw...r a.a• �m s,..rw.i IS IS; S in m' 0. { Si fir , , �/ , '' e I 4 �+ 4 r. / I. t .."- oe iiii * iii.. s 1* *44,, .F. #"11111101‘111101k‘O 1 101112m i: : 0"''''' .A NT al 11‘ ,4:d 1 g i I IL I IN,: $ ilk ,I VP °'li f It11011111111:111111: i 10,,i , 1.40 0,11111H1 4/11L11111,11F Wil' '4 2:#0''likli\I 0 11011 ,, , --,it,ot4Lik /1111 . ..: ‘,.# 110 440, all 44 '" 41►'11 x �.. 411117 VI gr# k'V 4741111 I ill $ r a► .‘7,4040400,40440\\40 . no: t ./4 \ 4\ 2- DevelopmentNN,400A11110;‘ 4' Ai 41r#40#41,\1411Fir i "II' ' * ‘1Fr4110* :1P410411°‘V111011111t'' Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 20 442854.v1("FINAL") CITY OF WYLIE Item No. 3City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No.#: Date Prepared: February 8,2006 Budgeted Amount: Exhibits: Three AGENDA SUBJECT: Consider and act upon an Amended Solid Waste and Recycling Contract Between the City of Wylie and Allied Waste Systems, Inc. RECOMMENDED ACTION: Approve. SUMMARY: The existing contract for solid waste and recycling was entered into on September 1, 2001 with Browning-Ferris, Inc., for a period of(5) years (see Exhibit "A"). Subsequently, the City approved an extension of the current contract to August 31,2008 (see Exhibit`B"). In 2004, representatives of Trinity Waste Systems contacted the City staff to solicit changes to the existing contract as well as a rate increase. (Note: The City had granted the last solid waste/recycling increase in September, 2001.) Thereafter, the City Manager and Ms. Julie Fort, City Attorney Office, commenced negotiations with representatives of Trinity that is, with the aim of improving service delivery for the remainder of the contract period and/or until August 31,2008. On January 24th, the City Council considered and tabled action on the proposed Agreement until its meeting of February 14, 2006. Subsequently, Ms. Julie Fort and I met with representatives of Allied Waste Systems, Inc., about further changes to the proposed Agreement based on comments made by the City Council. Specifically, we requested that Allied Waste Systems, Inc., agree (1)to change the liquidated damages amount in Section 5.14 from ten dollars ($10.00) to twenty-five dollars ($25.00)—that is, should they fail to collect residential solid waste and recycling within 24-hours of being notified by the City to do so; (2)to change the polycart container APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 02/08/06 t AGENDA SUBJECT: Consider and act upon an Amended Solid Waste and Recycling Contract Between the City of Wylie and Allied Waste Systems, Inc. SUMMARY: (Continued) penalty fee from two dollars ($2.00) to five dollars ($5.00) for each container not delivered to a new customer at move-in or within two (2) days after the day of request from the City, whichever is later; and (3) to add the following sentence to Section 5.04, "Contractor shall continue to provide services under this Agreement until the effective date of the termination." Beyond these proposed changes requested by the City, Allied Waste Systems, Inc., representatives indicated that they were seeking approval to provide improved service in recycling—that is, to purchase and distribute polycart containers in lieu of the smaller containers now used in the City. As of this date, they have not received permission to expand this service from their Corporate office; but, they expect to know by the Council meeting. Because of the potential change in recycling service, the City has included additional language in this proposed Agreement, which would allow for the improved recycling service should it become available during the term of this contract. Mr. Reid Donaldson, Manager for Allied Waste Systems, will be available to answer questions about the proposed amended contract as will,Ms. Fort or I. AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE,TEXAS AND ALLIED WASTE SYSTEMS,INC. Effective February 14,2006 DALLAS 1595100v1C:\Documents and Settings\mroath\Local Settings\Temporary Internet Files\OLK31D\ARBJ-#440149-v5- Trinity_Allied_Contract.D005 TABLE OF CONTENTS Page 1.00 GRANT 1 2.00 DEFINITIONS 1 2.01. Bags 1 2.02. Bins 1 2.03. Bulky Waste 1 2.04. Bundle 2 2.05. City 2 2.06. Commercial and Industrial Refuse 2 2.07. Commercial and Industrial Unit 2 2.08. Commodity 2 2.09. Commodity Buyer 2 2.10. Construction Debris 2 2.11. Container 2 2.12. Contractor 2 2.13. Curbside 2 2.14. Dead Animals 2 2.15. Disposal Site 2 2.16. Garbage 3 2.17. Hazardous Waste 3 2.18. Holidays 3 2.19. Polycart Container 3 2.20. Producer or customer 3 2.21. Recyclable Commodities 3 i DALLAS 1595100v1 2.22. Recycling Container 3 2.23. Refuse 3 2.24. Residential Refuse 3 2.25. Residential Unit 4 2.26. Rubbish 4 2.27. Stable Matter 4 3.00 SCOPE OF WORK 4 4.00 COLLECTION OPERATION 4 4.01. Service Provided. 4 4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5 5.00 COLLECTION OPERATION 6 5.01. Hours of Operation. 6 5.02. Routes of Collection. 6 5.03. Holidays 6 5.04. Complaints 6 5.05. Collection Equipment 7 5.06. Office 7 5.07. Non-Collection 7 5.08. Interruption of Service 8 5.09. Hauling 8 5.10. Disposal 8 5.11. Emergency Circumstances and Notifications 8 5.12. Point of Contact 9 5.13. Property Damage 9 5.14. Liquidated Damage 9 ii DALLAS 1595100v1 6.00 COMPLIANCE WITH THE LAW 9 7.00 EFFECTIVE DATE 9 8.00 NONDISCRIMINATION 9 9.00 INDEMNITY 10 10.00 INDEPENDENT CONTRACTOR 10 11.00 LICENSES AND TAXES 10 12.00 TERM 10 13.00 INSURANCE 11 14.00 BASIS AND METHOD OF PAYMENT 12 14.01. Collection and Disposal Rates. 12 14.02. Rate Adjustments 12 14.03. Contractor to Act as Collector 13 14.04. Delinquent and Closed Accounts. 13 14.05. Contractor Billings to City 13 14.06. New Accounts and Account Changes 13 15.00 OWNERSHIP 14 16.00 CONTRACTOR FEE 14 17.00 BOOKS AND RECORDS 14 18.00 TERMINATION FOR CAUSE 14 19.00 NOTICES 15 20.00 APPROVAL 15 21.00 AMENDMENT 15 22.00 FORCE MAJEURE 15 23.00 SEVERABILITY 16 24.00 ENTIRE CONTRACT 16 iii DALLAS 1595100v1 25.00 COUNTERPARTS 16 26.00 VENUE 16 27.00 ORDINANCES 16 28.00 AUTHORITY TO EXECUTE 16 29.00 ASSIGNMENT 16 30.00 SOVEREIGN IMMUNITY 17 31.00 MISCELLANEOUS DRAFTING PROVISIONS 17 32.00 NO THIRD PARTY BENEFICIARIES 17 EXHIBITS A, B AND C ATTACHED iv DALLAS 1595100v1 AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT (this "Contract"), made and entered into this 14th day of February, 2006, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Allied Waste Systems, Inc., a Delaware corporation, (hereinafter called "Contractor"). WITNESSETH: WHEREAS, Contractor formerly used the d/b/a Trinity Waste Services and Contractor is the successor to Browning-Ferris, Inc., which entered into a Solid Waste and Recycling Contract with the City dated effective September 1, 2000 (the"Original Contract"). WHEREAS, the parties hereto desire for Contractor to continue to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract, which amends, restates, and extends the term of the Original Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The City hereby grants to Contractor an exclusive contract to engage in the business of collecting from the Residential, Commercial and Industrial Units within the corporate limits of the City and disposing of Refuse and Recyclable Materials and, further, the City hereby grants to Contractor permission to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter specified and contained in this Contract. 2.00 DEFINITIONS 2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture, Construction Debris (generated from the Residential Unit only) and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for the applicable Bins or Polycart Containers. Customer shall be responsible for the proper removal of refrigerants, Hazardous Wastes and other hazardous materials from Bulky Wastes and shall properly tag Bulky Wastes as being 1 DALLAS 1595100v1 free of refrigerants, Hazardous Wastes and other hazardous material prior to removal by Contractor. 2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, six inches in diameter, or fifty (50) lbs. in weight. 2.05. City. City of Wylie, Texas. 2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07. Commercial and Industrial Unit. All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City; but not a Residential Unit. 2.08. Commodity. Material that can be sold in a spot or future market for processing and use or reuse. 2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.10. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.11. Container. A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.12. Contractor. Allied Waste Systems, Inc., a Delaware corporation. 2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways (including alleys). 2.14. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15. Disposal Site. A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2 DALLAS 1595100v1 2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. Section 6901), or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18. Holidays. The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19. Polycart Container. A rubber wheeled container, with a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20. Producer or customer. An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.21. Recyclable Commodities. Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, newspapers (including glossy inserts); plastic jugs and bottles; aluminum and metal cans; and glass food and beverage containers. 2.22. Recycling Container. A plastic receptacle, designed for the purpose of curbside collection of Recyclable Commodities, with minimum capacity of eighteen (18) gallons (hereinafter "Recycling Bin") or a rubber wheeled container with a lid designed for the purpose of curbside collection of Recyclable Commodities with a maximum capacity of 95 gallons (hereinafter "Recycling Cart"), whichever is provided by Contractor for the purposes of providing recycling collection services. 2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at a Residential Unit. 3 DALLAS 1595100v1 2.25. Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27. Stable Matter. All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with these Contract Documents including the Special Provisions and the Performance Standards. A copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01. Service Provided. (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside or alley collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week if Recycling Bins are used for collection or one (1) time every other week if Recycling Carts are used for collection. Recycling Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. 4 DALLAS 1595100v1 (c) Contractor shall provide Bin collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter in accordance with Section 14.01(b). Also, the Contractor may from time to time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (e) Contractor shall provide transportation of collected Refuse to the Disposal Site for disposal, which responsibility is solely that of the Disposal Site operator. (f) Contractor shall provide transportation and processing of collected recyclables to Contractor's Material Recovery Facility at 4200 East 14th Street, Plano, Texas 75074. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and Bundles for Collection. (a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall be placed at curbside for collection. Polycart Containers, Recycling Containers, Containers Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of way, Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart Container, Container, Recycling Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart Container. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement between Contractor and the Commercial or Industrial Unit. Contractor may decline to collect Refuse in Bins not so placed by the customer. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5 DALLAS 1595100v1 5.00 COLLECTION OPERATION 5.01. Hours of Operation. (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential Rubbish and Bulky Waste, and Commercial and Industrial Refuse shall take place according to individual agreement. 5.02. Routes of Collection. (a) Residential Unit routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. Contractor shall provide, at its expense, a map of such Residential Unit collection routes in a brochure to be mailed to each customer affected by a route change at least once during each calendar year and shall make such brochures continuously available at City Hall. The published map shall be of such size to clearly show all pertinent information. The Contractor may, from time to time, propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03. Holidays. Contractor may decide to observe any of the Holidays mentioned herein, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04. Complaints. All complaints shall be handled directly by the Contractor. Each complaint shall be given prompt and courteous attention and be resolved within seventy- two (72) hours of receiving the complaint. However, in the case of alleged missed scheduled collections, the Contractor shall investigate, and if such allegations are verified, shall arrange for the collection of the solid waste not more than twenty-four (24) hours after the initial complaint was received. Contractor will be responsible for maintaining a log of all complaints received, and will provide the City with a copy of the log on a weekly basis. The log shall indicate at least the following information: • Name of complainant; • Date and hour of the complaint; and 6 DALLAS 1595100v1 • Nature and address of the complaint, and the manner and the date and time of its resolution. Contractor shall meet the timeliness requirements of the performance standards set forth in this Contract at least ninety-five (95%) of the time, measured on a quarterly basis, or City shall have the right to terminate this Contract by providing Contractor with at least thirty (30) days advance written notice of the termination and the effective date thereof. Contractor shall continue to provide services under this Contract until the effective date of termination. 5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor (the "equipment"), which are reasonably necessary to collect and transport Refuse and/or recyclables from accounts serviced by the Contractor in accordance with this Contract. The equipment shall be maintained in a safe and clean working condition throughout the term of the Contract and any renewal period. The equipment shall be maintained and painted as often as necessary to preserve and present a well-kept appearance in accordance with normal industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall clean the equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Additionally, the Contractor shall have standby equipment available to regularly complete the daily routes in the event of equipment failure or excessive volumes of collection, which it is obligated to collect and transport in connection with this Contract. The Contractor shall provide the City a list of all identification numbers for collections vehicles operating in the performance of the Contract. Vehicles not listed will not be authorized for disposal under this Contract. Vehicular changes, additions, or deletions shall be made through the City's Public Services Director in writing. Emergency changes, additions, and deletions may be submitted by telephone and followed up in writing. 5.06. Office. The Contractor shall maintain an office within six (6) miles of the corporate limits of the City. Such office shall be open at a minimum Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified service representative available to personally answer inquiries, as well as a qualified field supervisor to oversee the daily operations. The office is to include personnel needed to maintain daily delivery of new and replacement trash carts and make repairs when necessary. The telephone number of the Contractor's Wylie office will be widely available to customers. After-hours calls shall be forwarded to a twenty-four hour message center, with calls responded to, by Contractor personnel, the following morning or immediately depending on the nature of the call. Contractor shall advise the City Manager or representative thereof of all emergency service matters. 5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of the City shall be final, and the Contractor agrees to abide by said decision. 7 DALLAS 1595100v1 It is specifically understood and agreed that if the customer fails to timely place a Container/cart out, maintains improper or inadequate containers for the nature, volume, or weight of acceptable waste/recycling to be removed from the premises, or places improper bundles or volumes of waste/recycling for collection, or places hazardous waste, special waste, or other refuse in violation of this agreement, the Contractor may refrain from collecting all or a portion of such refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City and the customer of the reason for any such non-collection (unless such non-collection is due to the customer's failure to timely place the waste/recycling for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. Where a customer notifies the City that acceptable waste/recycling has not been removed from the residents' premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste/recycling from the subject premises without cause, the Contractor shall collect same within twenty-four (24) hours after a collection is ordered by the City, at no additional charge. 5.08. Interruption of Service. In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty-eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay the City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract by providing Contractor written notice of the termination and the effective date thereof. 5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing is reasonably prevented. 5.10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means to notify the City Manager or representative thereof of any changes, due to emergency circumstances, that may require the use of alternative disposal/recycling facilities/sites. In the event that at some future time, there is no disposal site available, costs in disposing of said waste may be negotiated by the City and Contractor in good faith. The Contractor shall notify, at its sole cost and expense, all producers at residential units about complaint procedures, rates, regulations, and days for scheduled collection. 8 DALLAS 1595100v1 5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designated representative. 5.13. Property Damage. The Contractor shall be responsible for the repair of damage caused by the Contractor's collection equipment. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days after receipt of a notice of damages, pending substantiation of cause that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory repairs. Repairs shall be made within one week of notification unless additional time is needed to meet repair requirements. Contractor agrees to notify the resident or business and the City of their course of action and give reasonable timeframe for completion. 5.14. Liquidated Damage. In the event the Contractor fails to collect solid waste and recycling within twenty-four (24) hours after an order for collection is issued by the City pursuant to the third paragraph of Section 5.07 above, such failure shall constitute an act of non-collection, and the City may assess Contractor a penalty for each act of non- collection per account, to be withheld by City from payments due pursuant to Section 14.07 below: for each residential account, Twenty-five dollars ($25.00) and for each commercial account, Fifty dollars ($50.00). 6.00 COMPLIANCE WITH THE LAW Contractor shall comply with all rules and regulations of the Texas Commission on Environmental Quality and the Environmental Protection Agency. In this regard, Contractor shall not be required to collect and dispose of any oil, sludge, fecal material, or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other hazardous, medical, non-conforming or improper waste. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and the party requesting disposal of such materials. City agrees to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract. Both parties and their officers, agents, employees, representatives, contractors and subcontractors shall abide by and comply with all applicable laws in the performance of this Contract. 7.00 EFFECTIVE DATE This Contract shall become, effective upon the execution hereof by all parties and the continuing performance of Contractor shall be governed by this Amended and Restated Solid Waste & Recycling Contract from and after such date. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9 DALLAS 1595100v1 9.00 INDEMNITY THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS' FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO THIS AGREEMENT. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ, except to the extent such services are performed in accordance with the specific directions of the City. Contractor, its agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 12.00 TERM This Contract shall be for a term beginning on the effective date pursuant to Section 7 and continuing through August 31, 2008. Thereafter, this Contract may be extended for an additional five (5) year term upon the written, mutual agreement of the parties, which 10 DALLAS 1595100v1 either party may refuse to enter in that party's sole discretion. Contractor agrees that if any extension is entered into by the parties, the extension must include using Recycling Carts for providing recycling collection services at least one (1) time every other week, if requested by the City. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for which this certificate is executed and are in force at this time. In the event of cancellation, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Workers Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence As an alternative to the above, Contractor may insure the public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of$250,000 with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. 11 DALLAS 1595100v1 The Contractor shall provide the City with thirty (30) days prior written notice of any change in insurance coverage which would cause Contractor's insurance coverage to be for amounts less than required by this Contract. 14.00 BASIS AND METHOD OF PAYMENT 14.01. Collection and Disposal Rates. (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and made a part hereof subject to adjustment in accordance with Section 14.02, to be effective March 1, 2006. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all disposal costs. (d) In the event that any commodity collected shall not be marketable for a period of sixty (60) days or longer, City and Contractor upon mutual agreement, shall eliminate that commodity from the Recyclable Materials program and this Contract. 14.02. Rate Adjustments. The rates set forth in the Contract shall remain effective for the period of one (1) contract year from the effective date of this Contract. On each anniversary of such date, any or all rates may be increased or decreased by up to the same percentage increase or decrease, if any, between the DFW CPI-U as published either for the month proceeding the date or the most recent such DFW CPI-U, whichever is later, and that published for the month preceding the current anniversary of the date. At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify the City of any such proposed DFW CPI-U based rate adjustment, and upon request, provide the supporting data that is the basis for the rate adjustment. Any justifiable increase or decrease will be determined by the City. In addition, the above-defined rates may be adjusted annually by mutual written agreement between the City and the Contractor in the event of (i) changes in any laws, ordinances, regulatory requirements or guidelines including changes in construction or interpretation thereof or change in the manner or method of construction or interpretation thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; or (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs.. The Contractor shall provide the City documents and records in sufficient detail to reasonably establish the basis to any requested rate adjustment(s) at 12 DALLAS 1595100v1 the time of the request and the City will act reasonably in determining whether it agrees to any such request for a rate increase. All above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. 14.03. Contractor to Act as Collector. The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Shared Dumpsters). 14.04. Delinquent and Closed Accounts. (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit or Shared Dumpster delinquent in its payments. 14.05. Contractor Billings to City. The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in this Contract. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.06. New Accounts and Account Changes. The City shall notify the Contractor of all new accounts by email or fax (if network non-operational), during working hours. Residential Polycart Containers and Recycling Containers requested on this list will be delivered on the resident's move-in day or within two (2) days after the day of request from the City, whichever is later. Service will begin during the next regularly scheduled collection day after the delivery of the cart or container. The Contractor shall notify the City of any account changes in writing on the same day the account change requests have been implemented. 14.07. Charges for Containers Not Returned. Contractor shall be entitled to collect a Polycart Container Replacement Charge applicable to each Container, Polycart Container, or Recycling Container, in the amount set forth on Exhibit "C," from any Terminating Customer (as defined below) who does not return to Contractor (by pickup by Contractor) each Container, Polycart Container, and Recycling Container delivered to such customer by or on behalf of Contractor in connection with the provision of services by Contractor under this Agreement. The City shall use its best efforts to collect from any Terminating Customer the Polycart Container Replacement Charge(s) set forth on Exhibit "C". All such Polycart Container Replacement Charges shall be paid over to Contractor by the City with the next monthly invoice payment or (upon termination of this Contract, within 30 days of receipt by the City from the customer). As used herein, a 13 DALLAS 1595100v1 "Terminating Customer" is a customer whose service with Contractor terminates, whether due to the customer's relocation or upon the termination of this Contract. Commercial and construction waste containers will be delivered to customers within twenty-four(24) hours (excluding Sunday) of City notification. 15.00 OWNERSHIP Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. Title to special, hazardous or non- conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the Customer that generated such waste. 16.00 CONTRACTOR FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 20th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 17.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02; but the City may inspect for the purpose of, including but not limited to, verifying and auditing payments made pursuant to Section 16.00. 18.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor 14 DALLAS 1595100v1 herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by a majority vote, terminate this Contract. 19.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: 2000 Highway 78 N Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 20.00 APPROVAL This Contract shall not be considered fully executed or binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 21.00 AMENDMENT No amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 22.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot, public disturbance, accident, military authority, war, act of terrorism, governmental order or regulation, fire, act of God or other similar or different contingency beyond the reasonable control of Contractor. 15 DALLAS 1595100v1 23.00 SEVERABILITY In the event that any provision or portion hereof shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 24.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 25.00 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 26.00 VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 27.00 ORDINANCES The Contractor shall conduct Operations under this Contract in compliance with all applicable ordinances of the City; provided however, the requirements of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 28.00 AUTHORITY TO EXECUTE The individuals executing this Contract on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Contract to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Contract in order for the same to be an authorized and binding Contract on the party for whom the individual is signing this Contract and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 29.00 ASSIGNMENT This Contract shall not be assigned, unless approved by the City Council prior to the assignment. Notwithstanding the preceding sentence, Contractor my assign its right to receive payments under this Contract in connection with any lending arrangement of Contractor or any of its affiliates. 16 DALLAS 1595100v1 30.00 SOVEREIGN IMMUNITY The parties agree that the City has not waived its sovereign and/or governmental immunity by entering into and performing its obligations under this Contract. 31.00 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be deemed drafted equally by all parties hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Contract are for the convenience of the parties and are not intended to be used in construing this document. 32.00 NO THIRD PARTY BENEFICIARIES Nothing in this Contract shall be construed to create any right or obligation on any third party not a signatory to this Contract, and the parties do not intend to create any third party beneficiaries by entering into this Contract. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of the 14th day of February , 2006. CITY OF WYLIE, TEXAS A Municipal Corporation of Texas By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary ALLIED WASTE INDUSTRIES, INC. By: Jim Lattimore, District Manager ATTEST: 17 DALLAS 1595100v1 EXHIBIT A SPECIAL PROVISIONS CITY OF WYLIE, TEXAS EFFECTIVE FEBRUARY 14,2006 City Facilities. Bin collection service for City of Wylie facilities shall be provided at no charge, with bins to be provided by the Contractor. II. Spring Clean-Up Campaign. A. Contractor shall provide up to ten (10) 30-cubic yard roll off containers at a centralized spring clean up campaign and again at a centralized fall clean up campaign beginning in the spring of 2006 and continuing semi-annually through the remainder of this Contract. If City wants more than ten (10) containers for either clean up campaign, Contractor will charge City$250 per haul. B. Contractor shall provide free collection and disposal to the City, up to a maximum of twenty (20) hauls of 30 cubic yards. III. Informational Services. A. Contractor agrees to furnish informational flyers detailing solid waste, recycling and bulk collection. Contractor also agrees to support further environmental educational opportunities within the City, as relating to flyers, booths, displays, and presentations during the months of April (Earth Day) and November (Texas/America Recycles Days), and at other local festivals or events up to a total of two (2) per year as requested by the City. Tours of Contractor's Material Recovery Facility located in Plano, Texas will also be made available to schools, community and civic organizations, and the City for educational recycling promotions upon a scheduled basis. B. Contractor agrees to link its website to the City's website in order to make available solid waste and recycling information and list the City information on Contractor's website. Exhibit A DALLAS 1595100v1 IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers on the customer's move-in date or within two (2) days after the day of request from the City, whichever is later. If such delivery does not occur within the time specified above, Contractor will pay a penalty to the City of Five dollars ($5.00) per day until the Polycart Container is delivered. If a Polycart Container must be changed out or repaired, Contractor will deliver a substitute Polycart Container within five (5) days after the day of request from the City or request direct to Contractor from a customer". V. Pavement Damage in Alleys. A. In addition to the obligation created by Section 5.13 of the Contract, Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs, which will be performed by City forces and the City shall be reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. C. If the parties cannot reach agreement on the above-referenced liability, damage, or cost of repair; then, the parties agree to submit the matter to non-binding arbitration in accordance with the arbitration rules of the American Arbitration Association. Exhibit A DALLAS 1595100v1 EXHIBIT B PERFORMANCE STANDARDS CITY OF WYLIE, TEXAS EFFECTIVE FEBRUARY 14,2006 Residential and Commercial Hand Collection A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection: CONTRACTOR will make brush and bulky collection available to Wylie residents one (1) day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yards. Maximum weight is no more than that which can be lifted by two (2) men. Special collection of brush and bulky items will be made available to Residents at the rate of$72 per hour for time spent on collection, with a minimum charge of $15 per collection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: (a) Polycarts (b) Bundles placed at the curb or alley. (c) Maximum weight bundle or container is not to exceed that which can be lifted by two men. G. Commercial Hand Collection Exhibit B DALLAS 1595100v1 Customers with an average weekly volume exceeding two (2) polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: One (1) time weekly if Recycling Bins are used or one (1) time every other week if Recycling Carts are used. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Recycling Container provided by Contractor 2. Additional Recycling Containers may be obtained from Contractor by Producer at no charge to Producer. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to five times weekly. C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non- residential areas. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five (5)working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be Exhibit B DALLAS 1595100v1 rescheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired with five (5) working days of notification. If the damage is not due to servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of $50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one (1)time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of $5 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are available on containers at a charge of$5.00 per month per container. L. Non-Payment: Customers will be notified in writing when thirty (30) days past due. If unpaid after forty-five (45) days, customer will be notified in writing that service is being suspended until account is paid in full. Any amount unpaid more than thirty (30) days after it is due will be assessed a late charge of two and one- half percent (2.5%). A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one (1) year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. —5:00 p.m. Monday—Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. Exhibit B DALLAS 1595100v1 EXHIBIT C CITY OF WYLIE,TEXAS EFFECTIVE MARCH 1,2006 REFUSE AND RECYCLING SERVICE: MARCH 2006 Rate Residential-Single Family $9.85 Duplex Unit-Per Unit $9.85 Trailer Park-Per Unit $9.85 Additional Polycart Container, Per Unit $3.50 COMMERCIAL SERVICE: 1 x wk 2 x wk 3 x wk 4 x wk 5 x wk EXTRA CU YD 2 cu yd $ 50.49 $107.79 $143.27 $ 38.21 3 cu yd $ 69.58 $129.61 $200.58 $ 38.21 4 cu yd $103.70 $165.10 $233.32 $ 38.21 6 cu yd $121.43 $197.83 $293.35 $375.35 $467.55 $ 43.67 8 cu yd $148.72 $255.14 $339.74 $409.60 $491.26 $ 43.67 DELIVERY/EXCHANGE OF FEL CONTAINERS: $60.91 ROLLOFF CHARGES: 35 or 42 cu. yd. Compactor Containers, Per Haul $341.11 (Includes disposal, does not include equipment) 30 or 40 cu. yd. Open-top Rolloff Containers, $307.00 Per Haul (Includes disposal) Daily Rental $ 8.53 Delivery/Exchange $ 91.37 SPECIAL CHARGES: Special Bulk Pickup (1 hr. min) $ 95.00 Polycart Container Replacement $ 75.00 Returned Check,Charge $ 30.00 CITY BILLS RESIDENTIAL ALLIED BILLS COMMERCIAL & ROLLOFF (Includes 15% Contractor Fee) CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 440149-4 Exhibit A SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND BROWNIN G-FERRIS INC. Effective September 1,2000 GENERAL SPECIFICATIONS 1.00 GRANT•• - 1 - 2.00 DEFIIUI ............... ................................................. 2.01 Bays............................... 2.02 Bs ............................. ................................................- 1 - Bins . ......................................................................- 1 - 1 - 2.03 2.06 Commercial and Industrial Refuse................................................................... Commercial and Industrial Unit.......................................................................-2- 2.0? . • - ercial Hand Collect Urut........................................................................ 2 - 2.08 Comm ' ............................................................ 2.09 Co= ...........- 2 - 2.10 Commodity B ................................................................................ 2.11 Construction Debris........................••• .................................................... Container. .......................................................... 2.12 .............. 2.13 Contractor ........................ ractor ...................................................................... 2.14 Dead Animals......................................................................................... 2 2.15 Disposal Site .......................................................... , ............................. Garb �2.16 ......... 3 - 2.17 Hazardous Waste........................ _ 2.18 Holida s - 3 - 2.19 Polycart Container -3 - 2.20 Producer - 3 - 2.21 Rec c lable Commodities _ 3 - 2.22 Recce Container - 3 - 2.23 Refuse - 3 - 2.24 Residential Refuse -4 - 2.25 Residential Unit - 4 - 2.26 Rubbish ' 4 ' 2.27 Stable Matter - 4 - 3.00 SCOPE OF WORK - 4 - 4.00 COLLECTION OPERATION _ 4 - 4.01 Service Provided 4.02 Location of Pol carts Bins Containers Ba s and Bundles for Collection - 5 - -5.00 COLLECTION OPERATION _56 - 5.01 Hours of Operation - 6 - 5.02 Routes of Collection - 6 - 5.03 Holida s - 6 - 5.04 Comte is ' 7 - 5.05 Collection Equipment -7 - 5.06 Office - ii - 5.07 Hauling - 7 - - 7 - 5.08 Disposal -7 - 5.09 Notification - 7 - . 5.10 Point of Contact - 8 - 6.00 COMPLIANCE WITH LAW - 8 - 7.00 EFFECTIVE DATE - 8 - 8.00 NONDISCRIMINATION - 8 - 9.00 INDEMNITY 10.00 INDEPENDENT CONTRACTOR • - 8 - - 8 - 11.00 LICENSES AND TAXES - 9 - 12.00 TERM - 9 - 13.00 INSURANCE - 10 - 14.00 BOND - 10 - 14.01 Performance Bond - 10 - 14.02 Power of Attomey 15.00 BASIS AND METHOD OF PAYMENT - 10 - - 10 - 15.01 Collection and Disposal Rates - 15.02 Modification to Rates - 1- 10 1 - 15.03 Contractor to Act as Collector - 11 - 15.04 Delinquent and Closed Accounts - 11 - 15.05 Contractor Billings to City 16.00 TRANSFERABILITY OF CONTRACT - 11 - - 17.00 EXCLUSIVE CONTRACT 12 - - 18.00 OWNERSHIP 12 - - 18.00 FRANCHISE FEE 12 - 20.00 BOOKS AND RECORDS - 12 - 21.00 TERMINATION FOR CAUSE - 12 - - 13 - 22.00 NOTICES — iii — 23.00 APPROVAL - 13 - 24.00 AMEN_D-MENT - 13 - 25.00 FORCE M A,__JEURE - 13 - 26.00 SEVERAB1LITY - 14 - 27.00 CQ NTRACT - 14 - 28.00 STELILL.,PRO - 14 - 28.01 ciViaci_Iltles. - 14 - 28.02 S rin Clear_s_g_ ai - 14 - 28.03 Pavement DamageA 11-----YB.e s - 14 - 28.04 Contract Performance Review_ - 14 - ATTACHMENT A - 17 - ATTACHMENT B PERFORMANCE STANDARDS - 19 - I. Residential and Commercial Hand Collection - 18 - IL Residential Recycling - 20 - III. Commercial Container Collection - 20 - IV. General - 21 - ANTI-SCAVENGING ORDINANCE - 22 - - iv - CONTRACT THIS CONTRACT, made and entered into this day of , 2000, by and between the City of Wylie, Texas a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Browning Ferris, Inc., (hereinafter called "Contractor"). WITNES SETH: WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT BFI shall be granted the exclusive right to provide refuse collection, removal and disposal services and collection of recyclable materials for the Residential, Commercial and Industrial Units within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment,trucks, and all other items necessary to provide refuse collection, removal and disposal services, and recycling collection as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags —Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02 Bins-Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste- Stoves, refrigerators,water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, Containers or Polycarts, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or the amount that can be lifted by two men. 2.05 City- City of Wylie, Texas. - 1 - 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage,Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit-All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Commercial Hand Collect Unit-A retail or light commercial type of business which generates no more than 14, 30-gallon bags or containers of refuse per week. 2.09 Commodity - Material that can be sold in a spot or future market for processing and use or reuse. 2.10 Commodity Buyer- A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 Construction Debris -Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.12 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container • shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.13 Contractor-Browning-Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight,that have expired from any cause, except those slaughtered or killed for human use. 2.15 Disposal Site - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. - 2 - 2.16 Garbage-Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation,that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17 Hazardous Waste-Waste, in any amount,which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart Container-A rubber wheeled container, having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste • collection systems. Construction shall be injection molded polyethylene. 2.20 Producer-An occupant of a Commercial Unit,Industrial Unit or a Residential Unit who generates Refuse. 2.21 Recyclable Commodities -Material collected by the Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE), glass containers, aluminum cans and metal (tin) cans. 2.22 Recycling Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit,unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25 Residential Unit-A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light • and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less • contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead tasteboardes or rragsestraw,s used and shavings, sawdust, printed matter, paper, p clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27 Stable Matter-All manure and other waste matter normally accumulated in or about a stable, or any animal,livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit 'B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION • 4.01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. - 4 - (c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall provide Commercial Hand Collection service for Commercial Hand Collect units as defined in 2.08 of definitions. (d) The Contractor shall provide for the special collection and Stable Matterfr. m Also,the Colntractor al Units of Bulky Waste, Construction Debris may from time to time provide for the special collection of Dead Animals and Ha7c'rdous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 15.01(b).) (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Co of God,ractor as no control. In the the Contractor and thent of Crtysuch will a flood, tornado, or other Act negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02 Location of Polycarts Bins Containers.Bags and Bundles for Collection (a) Each Polycart, Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of- way adjacent to paved or traveled City roadways(including close alleys). the roada Polycarts,s Containers, Bags and Bundles shall be placed practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of- way, Polycarts, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, Container,Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and r size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 • COLLECTION OPERATION 5.01 • Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual • circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - Contractor may decide to observe any of the Holidays mentioned hereina, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04 Complaints-All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections,the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. 5.05 Collection Equipment-The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other . equipment shall be kept in good repair,appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. Bins for food service establishments shall be exchanged at least one time per year. 5.06 Office-The Contractor shall maintain an office or such other facilities within close proximity to the City through which they can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. Monday through Friday. 5.07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up),the decision of City's Mayor in such matter shall be final, and City and tractor to the customer ofee to lde by said the reason forrsion. su h Contractor shall also provide notice non-collection (unless such non-collection is the result of the customer's failure to timely place the refuse or containers out for collection). Contractor's nonce to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate the nature of the violation and the correction required in order that such garbage may then be collected at the next regular collection date. 5.08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and contractor shall pay the City all costs and expenses associated therewith within ten days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two hous and is not the result of a force majure, then City shall have the right to terminate this contract. 5.09 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.10 Disposal- All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11 Notification - The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. 5.12 Point of Contact-All dealing, contacts, etc.,between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 2000. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys'fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys'fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees shall not be entitled to any rights or privileges of City's employees and shall not be conidered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 12.00 TERM The contract shall be for a five(5)year period beginning September 1, 2000 and ending five(5)years thereafter. The initial term of this contract may be extended for successive additional five(5)year terms with the mutual agreement of both parties. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance,including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a is o���rer to the extent th retention of an e coverage ount of $250,000 with the result that the Contractor is may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. 14.00 BOND • • 14.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety. _. bond must be in the amount of$100,000.00,with no pro rata reduction over the term of the Agreement. 14.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 15.02. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 15.01 (a)-(c) shall include all disposal costs. (d) In the event that any Commodity collected shall not be marketable aperiod shall of 60 days or longer, City and Contractor upon mutual agreement, eliminate that Commodity from the Recyclable Materials program and this Contract. 15.02 Modification to Rates -The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or • change in the manner or method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof, or(iii)increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S.Department of Labor,Dallas-fort Worth area. Should its operation costs increase, the Contractor may petition the City for rate adjustments no more than once every 12 months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the City,which petition shall not be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. 15.03 Contractor to Act as Collector-The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Commercial Hand Collect and Shared Dumpsters). 15.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit, Commercial Hand Collect, or Shared Dumpster delinquent in its payments. 15.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 16.00 TRANSFERABILITY OF CONTRACT • Other than by operation of law,no assignment of the Contract or any right accruing under • this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of the Contractor as though it was the original Contracting Party. 17.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. 18.00 OWNERSHIP Title to Refuse , Dead Animals and Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02. 21.00 - TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty(30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in allowedic by the City shall be given Council of the City and the Contractor shall ellowed to be present it in the oresaid notice. full opportunity to answer such claims as are ake°s a findingtthat Contractor has failed to after said public hearing, the City Council provide adequate refuse collection service for the City, the City Council may, by two- thirds vote, terminate this Contract. 22.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 23.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor,the Mayor and the City Secretary of the City. 24.00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written • consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 25.00 FORCE MAJEURE Notwithstanding anything herein to the contrary,the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 26.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceablity of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 27.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 28.00 SPECIAL PROVISIONS 28.01 City Facilities Bin collection service for City of Wylie facilities shall be provided at no charge. 28.02 Spring Clean-Up Campaign (a) Contractor shall provide up to ten (10) 30-cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of 15 hauls of 30 cubic yards. 28.03 Pavement Damage in Alleys (a) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. (b) Within thirty (30) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in • Section 28.03(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and the City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review (a) Contractor's representatives shall meet with City staff periodically in order to review contract performance. The time and place of meetings shall be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the City Council for purposes of an annual contract performance review. IN WITNESS WHEREOF,we,the contracting parties,by our duly authorized agent, hereto affix our signatures and seals as of this day of , 2000. . _. ,`\`���ttOwFu»ul�oiriir;-,. �,� CITY OF WYLIE, TEXAS C� �%' A Municipal Corporation of Collin County, Texas ;• SEAL` - {., S. of the a - By: /tr--0----- MMayoesF ------ ---- • muanmtn and „0"..r C. ger ATTEST: '1.' Se,igMIV BROWNING-FERRIS INDUSTRIES By: ATTEST: District Manager ATTACHMENT A • CITY OF WYLIE,TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 2000 RATE $8.31 Residential - Single Family $8.31 Duplex Unit-Per Unit $8.31 Trailer Park-Per Unit Additional Polycart, Per Unit $3.00 COMMERCIAL SERVICE: • $11.50 Commercial Hand Collect 2 x week $ 4.03 Additional Polycart k $ 42.56 1 x wee 2 cu. yd. 2xweek $ 90.87 3 x week $120.78 lxweek $ 58.66 3 cu. yd. 2xweek $109.27 3 x week $169.09 week $ 87.42 1 x 4 cu. yd. 2xweek $139.18 3 x week $196.69 k $102.37 1 x wee 6 cu. yd. 2xweek $166.78 3 x week $247.30 1 x week $125.38 8 cu. yd. 2xweek $215.09 3 x week $286.41 EXTRA PICKUPS EACH: $ 32.21 2, 3, 4, cu: yd. $ 3 6.81 6, 8, cu. yd. DELNERY/EXCHANGE of FEL CONTAINERS: $ 51.35 ATTACHMENT A CONTINUED ROLLOFF CHARGES: • 42 Cu. Yd. Compactor Containers, Per Haul $287.56 (Includes disposal, does not include equipment) 30 Cu. Yd. Open-top Rolloff containers, Per Haul $258.80 (Includes disposal) Daily Rental $ 7.19 Delivery/Exchange $ 77.03 SPECIAL CHARGES: Polycart Replacement $60.00 Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL BFI BILLS COMMERCIAL & ROLLOFF (Includes 15% Franchise Fee) CITY ACCOUNT#9015397 CONTACT UTILITY BILLING 972.442.8131, FAX 972.442.8105 ATTACHMENT B • CITY OF WYLIE,TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley • D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection BFI will make brush and bulky collection available to Wylie residents one day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yard. Maximum weight is no more than that which can be lifted by two men. Special collection of brush and bulky items will be made available to Residents at the rate of$72.00 per hour for time spent on collection, with a minimum charge of $15.00 per collection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: a) Polycarts b) Brush cut to 6 x 3 x 3 and bundled with twine, no heavier than what can be handled by one man, and placed at the curb. c) Maximum weight bundle or container is not to exceed that which can be lifted by two men. G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. -7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins may be obtained from Contractor by Producer. M. Commercial Container Collection • A. Container Size Available: 2 cu. yd., 3 cu.yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be re- scheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of$50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of$5.00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday-Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor, however, refuse collection service at residential units will be performed no less than once per week. _EON, y - WASTE SERViC ES September 29, 2003 BiffJohnson City Manager City of Wylie 2000 Hwy. 78 N Wylie, Texas 75098 Re: Solid Waste Collection/Disposal and Recycling Contract Dear Mr. Johnson: Trinity Waste Services takes great pride in servicing the Solid Waste Requirements for the City of Wylie. Our service and commitment to our contract cities is second to none. Our current term with the City of Wylie expires August 31, 2005. To better plan for the equipment replacement in the years to come, Trinity is requesting a five (5) year contract extension. As an incentive for the City, Trinity would maintain our current rate schedule until September 1, 2004. Our last rate increase was September 1, 2001. We appreciate the City of Wylie's business and look forward to a continued partnership. Sincerely, Len Lyons Municipal Marketing Manager LL/vdw Trinity Waste Services• 1450 E.Cleveland Road•Hutchins,Texas 75141 - Phone 972-225-4207.972-225-8151 Toll Free 800-32-TRASH•,800-234-4389 Fax 972-225-7530•972-225-7424 Printed on recycled paper Exhibit B WYLIE CITY COUNCIL AGENDA ITEM NO. October 28, 2003 Issue Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. Background The current contract with Trinity Waste Services was approved by the City Council in 2000. The effective date of the contract is September 1, 2000 with a term of five (5) years. The initial five (5) year term may be extended for an additional five (5) years with the mutual agreement of both parties. Trinity Waste has requested that the extension be granted so that they can adequately plan for future equipment replacement (please see attached letter dated September 29, 2003). Trinity has offered to maintain their current rate schedule until September 1, 2004. At that time, any rate increase would be based on the previous twelve (12) month period (please see attached letter dated October 15, 2003). The last rate increase to take place was effective September 1, 2001 and was based on a rise in the CPI of 3.6%. Per the existing contract, Trinity may adjust rates to cover increases in costs due to: (i) changes in laws, ordinances or regulatory requirements, (ii) orders, judgments, or directives of any court or government body; (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the CPI in the Dallas-Fort Worth area. If Trinity's operation costs increase, they may petition the City for rate adjustments no more than once every 12 months, with the increase not exceeding 5% of the rates in force at the time. In negotiating an extension, staff will be evaluating any issues regarding service delivery, performance measures and marketing efforts. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Letters from Trinity Waste dated September 29, 2003 and October 15, 2003. Prepared by Reviewed by Finance City Manager Approval • Arla IS OH u IC WASTE SERVICES October 23, 2003 "•BiffJohnson City Manager City of Wylie 2000 Hwy 78 N Wylie, Texas 75098 Re: Amendment to Solid Waste Collection/Disposal and Recycling Contract Dear Mr.Johnson: Per our conversation on October 22, 2003 Trinity Waste Services recommends the following changes and additions to our current contract: Section 12.00 Term The Contract term shall be extended for a period ending August 31, 2008. The term of this Contract may be extended for successive additional five (5)year terms with the mutual agreement of both parties. Section 15.02 Modification to Rates After September 1, 2004 the Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements for guidelines (including changes in construction or interpretation thereof or change in the manner of method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof; or (iii) increase costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U. S. Department of Labor, Dallas-Fort Worth area. Should its operation costs increase, the Contractor may petition the City for rate adjustments no more than once every twelve (12) months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the city, which petition shall not be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. Section 17.00 Non-Exclusive Contract The Contractor will have a 99%franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. TRINITY WASTE SERVICES,4200 E. 14th Street, Plano,Texas 75074-7102 Phone: (972)422-2341 Toll Free: (800)766-1758 Fax: (972)422-6456 Printed on recycled paper T11TY WASTE SERVICES Section 28.02 Spring Clean-Up Campaign • (a) Contractor shall provide up to twenty-five (25) thirty (30) cubic yard roll off containers at a centralized spring clean-up campaign. Each year thereafter, an additional free roll- off container will be furnished by the Contractor. A minimum of eight (8) containers shall be maintained on site at all times. Five(5)of Contractor's free roll off hauls should allow the City to defer costs associated with disposing of tires and batteries collected during the spring clean-up campaign. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of twenty(20)hauls of thirty(30)yard roll-off containers. In addition to the above: Contractor agrees to furnish informational flyers detailing solid waste, recycling and bulk collection. Contractor also agrees to support further environmental educational opportunities within the City of Wylie, as relating to, flyers, booths, displays, presentations, etc. during the months of April (Earth Day), November (Texas/America Recycles Day), and other local festivals or events, up to a total of two per year as requested by the City. Tours of our Material Recovery Facility located in Plano are also available to Schools, Community and Civic organizations, and the City for educational recycling promotions upon a scheduled basis. Contractor agrees to link the Trinity Waste website to the City of Wylie's Website Solid Waste information and list the City of Wylie information on the Trinity Website. This information would include the City of Wylie solid waste and recycling program schedules, materials included in recycling and other customer related information relative to the services provided. Contractor agrees to deliver polycarts within seventy-two (72) hours of receiving the request from the City. If request is not completed within seventy-two (72) hours a penalty of$2.00 per day per request can be assessed to Contractor. Sincerel Tom Sellers General Manager Trinity Waste Services 4200 E. 14th. St. Plano, Texas 75074 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 02-14-06 Originating Department: Police Department Prepared By: Jeff Butters Account Code No. #: Date Prepared: 01-30-06 Budgeted Amount: $29,000 Exhibits: RFP and Proposal AGENDA SUBJECT:Consider and act upon authorizing the Mayor to enter into an agreement with Public Sector Personnel Consultants, in the amount of$20,500.00, for compensation study services. RECOMMENDED ACTION: Approve SUMMARY: The City Manager appointed a compensation task force made up of seven City employees. The task force is charged with overseeing a compensation study which will review our current pay plan and suggest updates and or revisions. The task force developed and published a Request for Proposal for compensation study consulting services. The City received (4) four proposals from consulting firms. Proposals were received from Public Safety Personnel Consultants, The Waters Group, The Archer Company and HayGroup. The compensation task force reviewed the proposals received and unanimously recommended Public Sector Personnel Consultants (PSPC). The task force members felt PSPC had the most impressive proposal and were also the lowest bid at $20,500. The PSPC bid is within the amount budgeted for FY 2005- 2006 for this study. APPROVED BY: Initial Date Department Director: JB \ 01/31/06 City Manager: fagR \ d/i0/0� 1 MEMORANDUM OF AGREEMENT This Agreement is entered into by the City of Wylie (City), 2000 Hwy. 78 N. Wylie, Texas 75098 and Public Sector Personnel Consultants(PSPC)4110 N. Scottsdale Road#140, Scottsdale,AZ 85251 (National Office). This Agreement is for PSPC to conduct a Review of the Compensation Plan, conduct an employee attitude survey, conduct a salary and benefits survey, and revise the compensation plan, and incorporates PSPC's January 2006 proposal and Wylie's January 2006 request for proposal by reference. SCOPE OF SERVICES TO BE PROVIDED TO THE CITY The study includes project briefings for all employees, an employee attitude survey on compensation, conduct of four compensation issues focus groups, conduct of a comprehensive salary and benefits survey, revision of the City's salary range plan based on market analysis, draft review of recommended compensation plan with Human Resources and City Manager, and preparation and presentation of the final report summarizing the study results. ESTIMATED PROJECT DURATION PSPC and the City will work together to complete the study within 60 days of authorization to proceed. PROJECT COST AND PAYMENT The City agrees to pay PSPC a sum not to exceed $20,500 for all consulting fees and out-of-pocket expenses for the study as outlined. PSPC will provide the City with monthly invoices for services provided and out-of- pocket expenses incurred during the month. The City agrees to pay the invoices within thirty (30) days of their receipt. APPROVED FOR APPROVED FOR CITY OF WYLIE PUBLIC SECTOR PERSONNEL CONSULTANTS By: By: (Signature) (Signature) Name: John Mondv Name: Matthew Weatherly (Typed) (Typed) Title: Mayor Title: Vice President Date: 02-14-2006 Date: • PUBLIC „s, SECTOR Z. PERSONNEL V �- �, CONSULTANTS January 25, 2006 Jeff Butters Lynn Fagerstrom Chief of Police Human Resources Director City of Wylie City of Wylie 2000 State Highway 78 N. 2000 State Highway 78 N. Wylie, Texas 75098 Wylie, Texas 75098 Dear Chief Butters and Ms. Fagerstrom: Pursuant to your RFP, we are pleased to submit our proposal to assist the City of Wylie (City) by conducting a comprehensive revision of its compensation plan to maintain the internal equity and external competitiveness of compensation for all employees. We specialize in this field, and our staff members have provided such services for more than 900 public employers, including many in Texas. We are confident that our very extensive Texas municipal compensation experience, database of Texas public and private sectors compensation, specialized staff, proven methods, EZ COMP, and one year of compensation plan implementation support at no cost, will achieve all of the City's objectives for this important project. Our workplan is flexible and total project cost negotiable, and we will discuss, modify, add or delete, any work task to increase the project's responsiveness to the City's specific objectives and financial resources. We would appreciate an invitation to meet with you and the consultant selection panel to elaborate on our proposal and bring samples of our work for other Texas municipalities. We appreciate the City's consideration of our proposal. Please contact me if we can provide any additional information. Sincerel Henri R. van Ad erg President cc: R. Drukker, PSPC-Dallas National Office:4110 North Scottsdale Road,#140 Scottsdale,Arizona 85251 Regional Location:25 Highland Park Village,#100-605 Dallas,Texas 75205 888.522.7772•FAX(480)970-6019•info@compensationconsulting.com PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE JANUARY 2006 PUBLIC SECTOR PERSONNEL CONSULTANTS National Office: 4110 N. Scottsdale Road, Suite 140, Scottsdale, AZ 85251 Regional Location: 25 Highland Park Village, Suite 100-605, Dallas, Texas 75205 (888) 522-PSPC www.compensationconsulting.com PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE Section TABLE OF CONTENTS Page 1 SUMMARY OF SERVICES FOR THE CITY 1 2 PROJECT SCOPE AND METHODOLOGY 2 A. OBJECTIVES OF THE PROJECT 2 B. SCOPE OF THE PROJECT 2 C. PROJECT METHODOLOGY 2 1. Quality Assurance 2 2. Becoming Familiar With the City of Wylie 2 3. Project Communication Plan and Orientation Meetings 2 D. COMPENSATION ISSUES FOCUS GROUPS 3 E. COMPREHENSIVE COMPENSATION SURVEY 4 1. Data Collection Protocol 4 2. Benchmark Position Selection 4 3. Comparator Employers Identification 4 4. Data Collection 4 5. Quality Control 4 F. DATA ANALYSIS AND PLAN DEVELOPMENT 5 1. Prevailing Rates Computation 5 2. Salary Competitiveness Comparison 5 3. Management Benefits Survey and Competitiveness Analysis 5 4. Salary Plan Structure Development 5 5. Balancing Internal Equity with External Competitiveness 5 6. Compensation Competitiveness Policy 6 7. Salary Range Assignments 6 8. Draft Report Preparation and Review 6 9. Implementation Plan Development 6 10. Final Report Presentation 6 11. EZ COMP"''Program Installation 6 G. ENSURING THE CITY'S SELF-SUFFICIENCY 7 1. Procedure Manuals 7 2. Training Workshop 7 H. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION 7 I. MINIMAL CITY SUPPORT REQUIRED 7 PUBLIC SECTOR PERSONNEL CONSULTANTS Section TABLE OF CONTENTS (cont'd) Page 3 PROJECT TIME AND COST ESTIMATES 8 A. PROJECT TIME ESTIMATE 8 B. PROJECT COST ESTIMATE 8 1. Total Project - Not to Exceed Cost 8 2. Optional Additional Cost Services 8 C. FLEXIBLE WORKPLAN AND NEGOTIABLE TOTAL PROJECT COST 8 D. PROJECT BILLING AND PAYMENT 8 - ESTIMATED PROJECT ELAPSED TIME CHART 9 4 QUALIFICATIONS OF OUR FIRM - 950+ PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM- REPRESENTATIVE TEXAS PUBLIC EMPLOYERS SERVED- REPRESENTATIVE CURRENT/COMPLETED PROJECT REFERENCES - 5 QUALIFICATIONS OF OUR STAFF - RESUMES OF CITY OF WYLIE PROJECT TEAM CONSULTANTS - 6 SAMPLE EMPLOYEE SURVEY FORMS - SAMPLE EMPLOYEE ATTITUDE SURVEY QUESTIONNAIRE - SAMPLE QUALITY OF WORKS LIFE QUESTIONNAIRE APPENDICES 7 PSPC BOOKLET: "Communicating the Project to the Employees" 8 PSPC BOOKLET: "EZ COMP'" Program Description" PSPC CD-ROM: "Illustrative EZ COMPW'Applications" (on inside front cover of proposal) PUBLIC SECTOR PERSONNEL CONSULTANTS PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE SUMMARY OF SERVICES FOR THE CITY PUBLIC SECTOR PERSONNEL CONSULTANTS SUMMARY OF SERVICES FOR THE CITY PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPC) proposes the following program of consulting services and implementation support to achieve all of the objectives stated in the CITY OF WYLIE (City) Request for Proposals for the revision of its compensation plan to maintain the internal equity and external competitiveness of compensation for all City employees. 1. Project planning and scheduling meeting with the Human Resources Director 2. Project briefings for the City Council, department directors, and supervisors 3. Assistance with management and employee communications throughout project 4. Occupational familiarization by review of the City's current job descriptions 5. Determination of the FLSA exempt or non-exempt status of the job classes 6. Compensation system familiarization by review of current plan and procedures 7. Organizational familiarization by review of organization charts, budgets, reports 8. Operational familiarization by interviews with the various department directors 9. Conduct of an employee attitude survey regarding employment with the City 10. Conduct of several compensation issues identification focus group discussions 11. Report on results of the employee attitude survey and focus group discussions 12. Determination of the City's competitive employment areas for its occupations 13. Identification of specific public/private employment-competitive employers 14. Development of the compensation survey technical/quality assurance protocol 15. Selection of the City's job classification to serve as salary survey benchmarks 16. Review of benchmark job classifications with the Human Resources Director 17. Inclusion of management benefits data elements into the compensation survey 18. Construction of compensation questionnaire and review with the H.R. Director 19. Pre-survey contact with comparator employers to solicit survey participation 20. Distribution of the compensation questionnaire by mail, fax, and E-mail 21. Follow-up contacts with comparators to ensure comparability to benchmarks 22. Extraction of data from the PSPC Texas public/private compensation database 23. Extraction of data from the compensation plans of designated public employers 24. Entry of data into EZ COMP"'and conduct of the quality assurance procedures 25.. Application of aging and geographical wage differential factors to survey data 26. Consolidation of data from all sources and computation of the prevailing rates 27. Comparison of the City's salary structure to the competitive prevailing rates 28. Computation of extent City's salary structure varies from the prevailing rates 29. Comparison of City's management benefits to competitive prevailing practices 30. Review of the survey results and competitiveness analysis with City executives 31. Optional pay grade and salary range structures for best fit selection by City 32. Job classes to pay grades based on internal equity/external competitiveness 33. Fiscal impact estimates at various levels of salary market competitiveness 34. Recommendations for improvement in benefits, if warranted from the survey 35. Inclusion of supplemental compensation and benefits in compensation plan 36. Review of draft compensation plan with the HR Director and City executives 37. Assistance with the establishment of the City's salary competitiveness policy 38. Preparation of final report on survey findings and recommended salary plan 39. Presentation of final report to City Council, City executives, and employees 40. Consultation on strategy and plan for implementation of updated salary plan 41. Uploading of EZ COMP"'program and files on one of H.R. Dept's computers 42. Workshop for H.R. staff on administration of the updated compensation plan 43. One year of implementation support for updated plan, at no cost to the City CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 1 PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE PROJECT SCOPE AND METHODOLOGY PUBLIC SECTOR PERSONNEL CONSULTANTS PROJECT SCOPE AND METHODOLOGY Following is our workplan for achieving the City Wylie's (City) objectives for the revision of its compensation plan for all of its positions. A. OBJECTIVES OF THE PROJECT We will assist the City to maintain its compensation plan to be: - Internally equitable - Externally competitive - Easily understood - Financially responsible - Statutorily compliant - Readily updated B. SCOPE OF THE PROJECT Project communication plan; occupational, organizational, operational familiarization; FLSA status determination; compensation survey; competitiveness analysis; pay plan structure; management benefits package, fiscal impact estimates; implementation plan; EZ COMP"" plan administrative procedures; City staff training; and one year of implementation support (at no cost) for the City's compensation plan with 182 FT and 31 PT employees. C. PROJECT METHODOLOGY 1. Quality Assurance We utilize procedural and statistical controls, in addition to those in EZ COMP"", which are reviewed by our Project Director. We request that the City Manager, Assistant City Manager, and the Human Resources Director review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. 2. Becoming Familiar With the City of Wylie We will become familiar with the City's standard and unique occupations by a thorough review of its job specifications. We will obtain organizational familiarity by a review of the organization charts, budgets, and reports, and interviews with the department heads. This is to ensure that all of our internal and external job comparisons are made on the basis of actual job content and not merely job title. 3. Project Communication Plan and Orientation Meetings We will consult with the Human Resources Director on a communication strategy, plan, and materials, beginning prior to the project and extending to the post- project information meetings. We plan to conduct group pre-project meetings for the City Council, City executives, department directors, and supervisors where we will discuss the scope of the project and answer questions. See "Communicating the Project to the Employees"in the Appendices for additional information regarding our approach to employee inclusion and communication. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 2 D. COMPENSATION ISSUES FOCUS GROUPS We will provide City of Wylie executives and employees with an opportunity to articulate their concerns and suggestions regarding the City's current compensation ,system (in addition to the customized employee attitude survey on employment with the City). This process is most effective if all stakeholders, i.e.: City Council, Management, and employees, participate. 1. Participation by City Officials and Employees We will conduct focus group discussions on the following topics which our experience indicates are important to management and employees. The information will assist us in identifying key compensation system components and issues to which we will give significant attention during the compensation system update process. 2. Compensation Issues - may include the following: - Primary objectives that the City's compensation system is to accomplish - Ability of compensation system to support City's mission, values, objectives - Extent to which internal equity should be valued, achieved, and understood - Extent to which external competitiveness should be defined and achieved - Ability of compensation system to obtain, motivate, retain high quality staff - Degree of compensation system's flexibility to reflect/meet market realities - Effectiveness of method linking competitive market data to compensation - Desirability of a competitiveness policy stated in market relationship terms - Extent to which the Council values its employees compared to capital items - Extent to which the budget system prioritizes employee compensation funds - Ability of individuals to obtain recognition for outstanding job performance - Reliability of job content documentation to accurately reflect job content - Capability of job evaluation method to accurately measure job complexity - Extent to which City utilizes a total compensation approach (cash+benef its) - Desirability of reward management concept linking job results and raises - Extent to which compensation system is an incentive for high performance - Role of individual and/or group incentives within total compensation system - inclusion of supplemental pay for shift work, licenses, and certifications - Recognition for longevity, special skills, education, and special assignments - Capacity of compensation to support employee development and promotion 3. Report on Results of the Focus Groups We will provide the City with a report summarizing the concerns and suggestions expressed during the compensation issues identification focus groups. To maintain the confidentiality of the participants' comments, the report will not indicate who said what, nor identify any participant or person mentioned during the discussions by name or job title. We recommend that the report be made available to all City officials and employees as a demonstration of Management's commitment to an open process and responsiveness to the employees. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 3 E. COMPREHENSIVE COMPENSATION SURVEY 1. Data Collection Protocol will be developed in consultation with the Human Resources Director to determine which compensation data elements to include in the survey, such as: - Salary grade/step or open range salary plan structure - Broadbanded structure, number of zones within bands - Salary range structure Minimum, Midpoint and Maximum - Average actual salary of all incumbents in the job class - Method of salary administration - longevity, merit, or skill - Supplemental pay items for special qualifications/certifications - Specialty pay, skill pay, assignment pay, bilingual pay, etc. - Individual or group incentive plans, bonus, awards, stipends - Pay for time not worked, i.e.: vacation, holidays, sick leave - Overtime policy, shift differentials, standby and/or recall pay - Insured benefits s/a: life, medical, dental, vision, LTD, etc. - Income continuation, s/a retirement contributions, deferred comp 2. Benchmark Position Selection will be made by identifying City positions common to its employment-competitive local governments in Texas and other local area public and private employers, clearly identifiable, and representative of relevant professional and support occupations. 3. Comparator Employers Identification will be made in consultation with the City Council, City Manager, and the department directors. Criteria include their degree of competitiveness to the City in obtaining and retaining its high quality staff, their location in its traditional recruitment areas, and their organizational size and complexity. 4. Data Collection will be made by one or more of the following methods. - Pre-survey contact with the selected comparator employers to solicit participation in the City's compensation survey. - Customized salary/benefits survey questionnaires for local governments and other public and private employers, distributed by mail, fax, and E-mail. - Data extraction from the PSPCTexas public and private sectors compensation database. - Data extraction from compensation surveys and data provided by organizations such as the Texas Municipal League, Texas Workforce Commission, ICMA, BLS, and commercial survey sources s/a: Hay, Mercer, and Waters. - Data extraction from the compensation plans of public employers. 5. Quality Control includes editing data for accuracy and proper matching to the City's survey benchmark positions, and phone/fax/E-mail follow-ups for clarification and to obtain the comparators' benchmark job descriptions. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 4 F. DATA ANALYSIS AND PLAN DEVELOPMENT 1. Prevailing Rates Computation We will consolidate the compensation data from all sources, enter the data into the EZ COMP'"program, and compute the prevailing rates as the statistical mean of the survey data for each benchmark job class. Data will be projected forward from the date of collection to a common date relating to the City's salary plan year by the annual Prevailing Rate Increase Factor (PRI) applicable at that time. 2. Salary Competitiveness Comparison We will provide the City with charts comparing its current salary structure to those of the selected public agencies, and other local area employers. We will calculate the extent that the City's salary structure varies from the prevailing rates for each survey benchmark job classification. 3. Management Benefits Survey and Competitiveness Analysis We will expand the compensation survey into a total compensation survey for the management position, and evaluate the City's management benefit programs for competitiveness in relation to the prevailing practices of other Texas public employers, and for content sufficiency in relation to the City's overall benefits objectives and cost sharing responsibilities. We will provide recommendations for improvements and/or changes in the City's benefit programs if warranted from these analyses. 4. Salary Plan Structure Development We will prepare alternative salary range structures and schedules for the City to select the best fit for its compensation strategy, with these optional criteria. - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades, or broadbands, from Minimum to Maximum - Varying salary range widths for FLSA non-exempt or exempt positions - Varying salary ranges for the City's executive and management positions - Open salary ranges for pay-for-performance or variable compensation plan - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges, grades, or broadbands in the salary schedule - Percentage separation between salary ranges, grades, or broadbands - Recognition for longevity, unique assignments, and special skill requirements - Remuneration for required special licenses, certifications, and registrations - Linkage of performance evaluations to merit increase opportunities 5. Balancing Internal Equity With External Competitiveness For precision in salary range assignment, we may utilize the extensively validated and most commonly utilized Factor Evaluation System (FES) point-factor job evaluation method to determine each job classification's relative job worth to the City. This approach permits balancing internal equity (job relationships) with external competitiveness (market relationship). CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 5 6. Compensation Competitiveness Policy We will assist the City to select the competitiveness policy which best fits its total compensation strategy and financial resources, by providing fiscal impact estimates at various percentage relationships to the prevailing rates and benefit practices. 7. Salary Range Assignments Every job classification will initially be assigned to a salary range on the basis of factors including: - external competitive prevailing rate for the benchmark job classifications - linkage of non-benchmarks to benchmarks by their occupational relationships - quantitative evaluated job content values of the various job classifications - current salary range relationships among the various City job classifications - the City's salary competitiveness policy expressed as a market relationship - guideline for 15% dollar separation between sequential job classifications - guideline for 25% dollar separation of a department head from next subordinate 8. Draft Report Preparation and Review We will provide the Human Resources Director and senior City executives with a draft of our findings and recommendations for review and critique, including the compensation survey data, compensation competitiveness analysis, salary range and benefits recommendations, fiscal impact estimates, implementation plan, and administrative procedures. 9. Implementation Plan Development We will consult with the Human Resources Director on a strategy and plan for transition to the updated plan, including a timetable for the principal activities and estimates of the financial requirements. We will identify the revisions and/or additions to the City's compensation policies that may be needed for effective implementation. 10. Final Report Presentation We will conduct a workshop or formal presentation of our report for the City Council, City Manager, City executives, department directors, and employees. 11. EZ COMP)" Program Installation We will install our EZ COMP1" program and project files on one of the Human Resources computers, provide a users manual, and conduct training in the system's use. Please see the illustrative EZ COMPmapplications CD-ROM on the inside front cover of this proposal, and the program description booklet in the Appendices. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 6 G. ENSURING THE CITY'S SELF-SUFFICIENCY The City of Wylie will be self-sufficient in all aspects of maintenance of the updated classification and compensation plan through these services. 1. Procedure Manuals - PSPC Position Classification Procedure Guide - PSPC Salary Administration Procedure Guide - PSPC Job Evaluation Procedure Guide - City of Wylie EZ COMP' Procedure Guide 2. Training Workshop - for Human Resources and other staff in compensation surveys, and compensation plan design and administration. 3. EZ COMP'- program and project files on one of the Human Resources computers, a users manual, and system training. 4. Initial Year's Implementation Warranty Support - we will analyze, evaluate, and provide a salary range recommendation for any new or changed job classification, at no cost to the City for one year. H. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated classification and compensation plans are (1) extensive employee inclusion, and (2) extensive employee communication. City executives and employees will participate in one or more of the following activities. - Attending pre-project briefings and question and answer sessions - Elaborating on their job in individual or group job information interview (option) - Participating in the employee attitude survey regarding their City employment - Participating in compensation issues identification focus group discussions - Receiving information through employee newsletter or project progress bulletins - Attending post-project briefings for all City executives and employees - Receiving information pamphlet/booklet describing the updated salary plan - Participating in a technical plan maintenance and administration workshop L MINIMAL CITY SUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the City other than payroll data, comparator employer contact information, and arrangements for group and individual meetings. We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office equipment. We will provide all data entry, data processing, duplicating, and related report preparation functions. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 11/06 7 PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE PROJECT TIME AND COST ESTIMATE ESTIMATED PROJECT ELAPSED TIME CHART PUBLIC SECTOR PERSONNEL CONSULTANTS PROJECT TIME AND COST ESTIMATES A. PROJECT TIME ESTIMATE We estimate that the project can be completed within sixty (60) days of the initial on- site project planning meetings and briefings for the employees. A Gantt Chart illustrating the estimated sequence and duration of the project's principal tasks follows this page. B. PROJECT COST ESTIMATE 1. Total Project - Not to Exceed Cost We estimate that the project's total cost (including the employee attitude survey and focus groups) including all fees for professional services, and reimbursement of out-of-pocket expenses, will not exceed $20,500. 3. Optional Additional Cost Services - Worksite job information interviews (per 15 interviews) $1,500 C. FLEXIBLE WORKPLAN AND NEGOTIABLE TOTAL PROJECT COST Our workplan is flexible, and total project cost negotiable, and we will discuss, modify, add or delete, any work task to increase the project's responsiveness to the City's specific needs and financial resources. D. PROJECT BILLING AND PAYMENT We do not require any advance payments, and will provide the City with monthly invoices for the professional services provided and out-of-pocket expenses incurred. We request that the City pay the invoices within thirty (30) days of their receipt. CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 8 CITY OF WYLIE COMPENSATION PLAN REVISION ESTIMATED PROJECT ELAPSED TIME CHART PRINCIPAL TASKS ELAPSED WEEKS: 1 2 3 4 5 6 7 8 9 QUALITY ASSURANCE PROCESS, 1 PROJECT COMMUNICATION PLAN, EMPLOYEE ATTITUDE SURVEY OCCUPATIONAL AND ORGANIZATIONAL 2 FAMILIARIZATION,REVIEW OF CURRENT 2 SALARIES,BENEFITS,AND PAY PLANS DETERMINATION OF CITY'S COMPETITIVE 3 EMPLOYMENT AREAS AND EMPLOYERS, COMPENSATION ISSUES FOCUS GROUPS 4 CUSTOM-CONSTRUCTION OF SALARY AND BENEFITS QUESTIONNAIRES AND DATA COLLECTION AND QC PROTOCOL 5 REVIEW OF QUESTIONNAIRES WITH THE MI. '4 HUMAN RESOURCES STAFF,DATA , COLLECTION ON-LINE,MAIL,AND FAX 6 QUALITY ASSURANCE REVIEWS OF DATA, COMPUTATION OF PREVAILING RATES, "r COST-OF-LIVING FACTORS APPLICATION REVIEW OF CITY'S SALARY AND BENEFITS 7 COMPETITIVENESS WITH CITY STAFF, • OPTIONAL SALARY RANGE STRUCTURES SALARY RANGES BY INTERNAL EQUITY AN. 8 EXTERNAL COMPETITIVENESS,BENEFITS RECOMMENDATIONS,COST ANALYSIS - REVIEW OF DRAFT SALARY AND BENEFITS g RECOMMENDATIONS WITH CITY STAFF, IMPLEMENTATION/ADMINISTRATION PLAN PRESENTATION OF FINAL REPORT TO THE 10 CITY COUNCIL,EZ COMPTM,TRAINING, ONE YEAR OF IMPLEMENTATION SUPPORT CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE QUALIFICATIONS OF OUR FIRM 950+ PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM REPRESENTATIVE TEXAS PUBLIC EMPLOYERS SERVED REPRESENTATIVE CURRENT/COMPLETED PROJECT REFERENCES PUBLIC SECTOR PERSONNEL CONSULTANTS PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Following are more than 950 public employers for whom PUBLIC SECTOR PERSONNEL CONSULTANTS staff members have provided compensation and human resources consulting services. NOTE: Many of these employers were served while the PSPC staff member was with Hay Associates, Commonwealth Personnel Services, Government Management Institute, Hewitt Associates, or other consulting firms. Aberdeen, City of, SD Bay de Noc Community College, MI Academy School District, CO Baylor University, TX Adams County, CO Baytown, City of, TX Addison, Village of, IL Beaver County, PA Agua Fria Union High School Dist,AZ Bee Cave, Village of,TX Ak-Chin Indian Community, AZ Beloit, City of, WI Alaska Native Health Consortium Bend, City of, OR Alaska, State of Bensenville, Village of, IL Alberta, Province of Bergen County, NJ Albuquerque, City of, NM Berkeley, City of, CA Aleutian Housing Authority, AK Berkshire Medical Center, MA Alexandria, City of, VA Bernard Community College, FL Algonquin, Village of, IL Berthoud, Town of, CO Altar Valley School District, AZ Bethlehem School District, PA American Federation Govt. Ees, DC Bettendorf, City of, IA Ames, City of, IA Billings, City of, MT Anaheim, City of, CA Bisbee, City of, AZ Anahuac, City of, TX Bismarck Community College, ND Apache County, AZ Bismarck Public Schools, ND Apache Junction, City of,AZ Bismarck State College, ND Arapahoe County, CO Bismarck, City of ND Archuleta County, CO Bi-State Computer Commission, IA Ardmore, City of, OK Blackhawk,Town of, CO Aristocrat, Inc., NV Bloomingdale, Borough of, NJ Arizona Department of Public Safety Bloomington, City of, MN Arizona State University Bolingbrook, City of, IL Arizona, Division of Personnel Boone County, MO Arizona, University of Boonville, City of, MO Arkansas, State of Bowling Green State University, OH Artesia, City of, NM Bridgeport, City of, CT Ashland, City of, OR Brighton, City of, CO Ashville Metro Sewerage District, NC Broward County, FL Assn. of Botanical Gardens, PA Bryan Board of Light/Water, OH Assn. of Zoological Horticulturists Bryn Mawr College, PA Aurora, City of, CO Buckeye, Town of, AZ Austin Community College, TX Buena Park, City of, CA Austin Housing Authority, TX Bullhead City, City of,AZ Avondale, City of, AZ Burbank, City of, CA Azusa, City of, CA Burlington, City of, KS Balcones Heights, City of, TX Butte County, CA Baltimore County, MD Calabasas, City of, CA Baltimore School District, MD Calexico, City of, CA Banning, City of, CA Calgary, City of,AB Bay City, City of, MI California Family Health Council Bay County, FL California Regional Medical Programs Page 1 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM California, State of Cincinnati, City of, OH California, University of Cincinnati, University of, OH Camarillo, City of, CA Clackamas County, OR Camden County, SC Claremont, City of, CA Camden, City of, NJ Clark County Housing Authority, NV Canada: Clark County Sanitation Dist., NV Energy& Resources Department Clark County Schools, NV Health &Welfare Department Clark County, NV Reg'l Economic Expansion Dept. Clarkdale,Town of, AZ Public Service Commission Clatsop County, OR Supply& Services Department Cleveland County, NC Transport Department Cleveland Heights, City of, OH Treasury Board Cleveland Metroparks, OH Canon City, City of, CO Cleveland, City of, OH Capitol Area Health Plan Agency, MI Cochise College, AZ Carbondale, City of, IL Cochise County,AZ Carlsbad, City of, NM Coconino County, AZ Carol Stream,Village of, IL Coldwater State Home, MI Carrizo Springs, City of, TX Colleyville, City of, TX Casa Grande Elementary Schools, AZ Collierville,Town of, TN Casa Grande High School District, AZ Colorado Mountain College, CO Casa Grande, City of, AZ Colorado University of, CO Catalina Foothills School District,AZ Colorado, State of Cave Creel, Town of, AZ Colton, City of, CA Cedar Falls Utilities, IA Commack Union School Dist., NY Cedar Park, City of,TX Commerce City, City of, CO Cedar Rapids Public Schools, IA Community Action Pittsburgh, PA Cedar Rapids, City of, IA Community Action Prog. Comm., OH Centennial, City of, CO Community Analysis Bureau, CA Central Lane Planning Council, OR Compton, City of, CA Central Oregon Comm. College, OR Contra Costa Junior College, CA Central State Hospital, GA Cook County Public Schools, IL Central Yavapai Fire District,AZ Cook County, IL Centralia, City of, MO Coolidge, City of,AZ Chafee County, CO Cornell University, NY Chandler, City of,AZ Costa Rica, Republic of Charlotte-Mecklenburg Schools, NC Cottonwood, City of, AZ Chatham County, GA Covina, City of, CA Chaves County, NM Crane Elementary School Dist., AZ Chesterfield County Public Schools,VA Crested Butte,Town of, CO Chesterfield County, VA Culver City, City of, CA Cheyenne Health Dept.,WY Cumberland County, GA Chicago Public Schools, IL Curry County, NM Chicago Univ. Hospitals/Clinics, IL Cuyahoga Falls, City of, OH Chicago, City of, IL Dade, Metropolitan County of, FL Child Care Group, TX Dallas County,TX Child Parent Centers, AZ Dallas Housing Authority, TX Children's Svcs. Council, Palm Beach, FL Darien, City of, IL Chino, City of, CA DeBary, City of, FL Chitimacha Tribe, LA Deer Valley Unified Schools,AZ Christian Brothers College, TN DeKalb County, GA Churchill County, NV Delaware, State of Page 2 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Delaware, University of Estes Park, City of, CO Delta, City of, CO Evanston, City of, IL Delta County, CO Fall River Public Schools, MA Denver, City& County, CO Fargo, City of, ND Des Moines Water Works, IA Fayette County, IL Des Moines, City of, IA Fayette County, PA Destin, City of FL Fayetteville, Manlius Schools, NY Detroit, City of, MI Federal Heights, City of, CO District 11 School Dist, CO Firestone,Town of, CO District of Columbia Flagler Beach, City of, FL Dodge County, GA Florence Public Schools, AL Dona Ana County, NM Florence, Town of, AZ Douglas County Library Dist, CO Florence-Darlington Tech. Ed. Center, SC Douglas County, KS Florida State University Douglas County, NV Florida, State of Douglas, City of,AZ Fort Collins, City of, CO Dover, City of, DE Fort Huachuca Accom. School, AZ Downey, City of, CA Fort McDowell Tribal Government, AZ Duke University, NC Fort Morgan, City of, CO DuPage County, IL Fort Pierce, City of, FL Durango, City of, CO Fort Pierce Housing Auth., FL Durant, City of, OK Fort Wayne Housing Auth., IN Eagle County, CO Fox Point Bayside School Dist.,WI Eagle Pass, City of, TX Fox Valley Council of Governments,WI East Fork Fire/Rescue Dists, NV Frankfort, Village of, IL East St. Louis, City of, IL Franklin County, WA East Tennessee State University Fraser, Town of, CO East Valley Institute of Technology, AZ Frederick, City of, OK Eastern Montana College Fremont County, CO Eastern New Mexico Medical Center Fresno State College, CA Eastern New Mexico University Fresno, City of, CA Eau Claire County,WI Frisco, City of, TX Eau Claire, City of,WI Galveston, Port of, TX Ecuador, Republic of Garden City, City of, KS Eddy County, NM Gardena, City of, CA Edmond, City of, OK Geneseo, City of, IL Edmonton, City of,AL Georgetown University,Wash DC El Centro, City of, CA Georgia Institute of Technology El Mirage, City of,AZ Georgia Regional Hospital El Monte, City of, CA Georgia, State of El Paso County, TX Georgia, University of El Paso, City of,TX Gila County, AZ El Reno, City of, OK Gila River Gaming Enterprises,AZ El Segundo, City of, CA Gila River Tribal Government, AZ Elkhart General Hospital, IN Gilbert, Town of, AZ Elko County, NV Gillette, City of,WY Elmbrook Public Schools, WI Gilpin County, CO Elmhurst Park District, IL Gladstone, City of, MO Elmhurst Public Schools, IL Glendale, City of,AZ Elmhurst, City of, IL Glendale, City of, CA Emery County, UT Glendale, City of, CO Enterprise City School District, CA Glenwood Springs, City of, CO Page 3 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Goforth Water Systems, TX Hoboken Model Cities, NJ Good Samaritan Hospital, AZ Holbrook School District,AZ Graceland College, IA Holbrook, City of,AZ Grand Canyon School Dist, AZ Honolulu City&County of, HI Grand Canyon University, AZ Hopi Tribal Government, AZ • Grand Forks Airport Auth., ND Houston Housing Authority, TX Grand Forks, City of, ND Hull, City of, QE Grand Haven Public Schools, IA Huntington Beach, City of, CA Grand Junction, City of, CO Hunts Points Multi Svc Agency, NY Grand Rapids, City of,WI Huntsville, City of,AL Grant County,WI Idaho, State of Grant Hospital of Chicago, IL Illinois College of Optometry Great Falls, City of, MT Illinois Dept. of Nuclear Safety Greater Texas Credit Union Illinois Municipal Retirement Fund Green Bay Sewerage District,WI Illinois, State of Green River, City of,WY Illinois, University of Greene County, OH Indian Community School, WI Greene County, PA Indian Rocks Beach, City of, FL Greensville Public Schools, NC Indiana, State of Greenville County, SC Indianapolis, City of, IN Greenville General Hospital, SC Indio, City of, CA Greenville, City of, SC Inglewood, City of, CA Gresham Public Schools, OR Inkster Public Schools, MI Grundy County, IA Inland Valley Development Agency, CA Guam Community College Inter-Comm Hosp. Foundation, CA Guam,Territory of Iowa Public Broadcast Network Gulf Breeze, City of, FL Iowa, State of Gunnison, City of, CO Isaac School District, AZ Hamilton County 911, TN Jackson County Public Hosp., MO Hamilton County, TN Jackson County, MO Hampton,Township of, PA Jackson, City of, MS Harbor General Hospital,CA Jacksonville, City of, AR Hawaii Health Department Jacksonville, City of, FL Hawaii, State of Jefferson County Appraisal District, TX Hawaiian Gardens, City of, CA Jefferson County Navigation District, TX Hawthorne Comm. Hospital, CA Jefferson County, AL Hawthorne, City of, CA Jefferson County, CO Hayden-Winkelman Schools, AZ Jefferson County, TX Hays County, TX Jersey City State College, NJ Helena, City of, MT Jersey City, City of, NJ Hemet, City of, CA Jo Davies County, IL Hennepin County Gen'l Hosp. MN Johns Hopkins Hospital, MD Hennepin County, MN Johnson County Water District, KS Henrico County, VA Johnson County, KS Henrietta Central School Dist., NY Johnstown, Town of, CO Herndon, City of, VA Joliet, City of, IL Hickory Public Schools, NC Jonesville, Village of, MI Highland Community College, IL Joplin, City of, MO Highland Hospital, Rochester, NY Kalamazoo Community College, MI Highland Park Model Cities, NJ Kalamazoo, City of, MI Highland Park, City of, MI Kalamazoo, County, MI Hobbs, City of, NM Kane County, IL Page 4 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Kankakee County, IL Louisville, University of, KY Kansas City College District, MO Lowell, City of, MA Kansas City, City of, KS Luna Vocational Tech Institute, NM Kansas City, City of, MO Luzerne County, PA Kansas, State of Macalester College, MN Kearney, City of, NE MacNeil Memorial Hospital, IL Kenosha Public Schools,WI Macon, City of, GA Kentucky, State of Madison Sewerage District,WI Killeen, City of, TX Madison, City of,WI King County,WA Maimondes Medical Center, NY Kingman, City of, AZ Maine, State of Kingsport, City of, TN Mandan, City of, ND La Plata County, CO Mankato State University, MN Laconia, City of, NH Marana School District, AZ Lake County, IL Marana, Town of, AZ Lake Havasu City, City of, AZ Maricopa Assoc. of Governments,AZ Lake LBJ Municipal Utility District,TX Maricopa Community College Dist, AZ Lake Sumter Community College, FL Maricopa County, AZ Lake Tahoe Community College, CA Maricopa Housing Authority, AZ Lakeway, City of, TX Maricopa Superior Court, AZ Lakewood, City of, CA Marion County, IN Lamar University, TX Marquette University,WI Lancaster Public Schools, OH Mars Hill College, NC Lane Community College, OR Marshall County, IA Lansing, City of, MI Marshall County, PA Laramie County,WY Marshall, Township of, PA Las Vegas Metro Police Dept., NV Marshfield, City of,WI Las Vegas Valley Water District, NV Martin County, MN Las Vegas, City of, NV Maryland, State of Lawndale, City of, CA Maryland/Capitol Planning Comm Lawton, City of, OK Massachusetts Hospital Association Lea County, NM Massachusetts, State of Libertyville, City of, IL McHenry County Housing Authority, IL Lincoln Land Community College, IL McHenry County, IL Lincoln, City of, CA McKinley County, NM Linn County Public Schools, IA McPherson College, KS Linn County, IA Mem'I Hosp. of DuPage County, IL Lochbuie, Town of, CO Mem'I Med. Ctr., Savannah, GA Lockport, City of, IL Mendocino College, CA Logan, City of, UT Mequon, City of,WI Lombard, Village of, IL Mercer County, NJ Lompoc, City of, CA Mercy Hospital, Cedar Rapids, IA Long Beach, City of, CA Mercy Hospital, Springfield, MA Long Island Jewish Hospital, NY Methodist Hospital, Gary, IN Lorain County, OH Methodist Hospital, Indianapolis, IN Los Alamos County, NM Metro Toronto, ON Los Angeles Comm. Colleges, CA Metro Water District, IL Los Angeles County Police Union, CA Metropolitan Sanitary District, IL Los Angeles County, CA Miami Area School District, AZ Los Angeles, City of, CA Miami Shores, Village of, FL Los Lunas, Village of, NM Michigan Municipal League Louisiana, State of Michigan, State of Page 5 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Midland County, MI Navajo Partnership for Housing, AZ Midland Police Academy, TX Navajo Utility Authority, AZ Milliken, Town of, CO Nebraska, State of Milwaukee County, WI Nederland, City of, TX Milwaukee Metro Sewer Dist.,WI Needles, City of, CA Milwaukee Public Schools, WI New Hampshire, State of Milwaukee, City of,WI New Iberia Parish, LA Minneapolis, City of, MN New Jersey Comm Training Institute Minnesota League of Cities New Jersey, State of Minnesota, State of New Lenox, Village of, IL Minnesota, University of New Mexico Association of Counties Minot, City of, ND New Mexico Junior College Missoula County, MT New Mexico Military Institute Missoula, City of, MT New Mexico, State of Missouri, State of New Orleans, City of, LA Mobile, City of,AL New York Port Authority, NY Moffat County Library, CO New York Public Schools, NY Mohave County Courts,AZ New York State University, NY Mohave County, AZ New York University Medical Center, NY Monmouth County, NJ New York, City of, NY Monroe Public Schools, MI New York, State of, NY Montana State University Nez Perce County, ID Montclair, City of, CA Nixa, City of, MO Monterey Park, City of, CA Nogales, City of,AZ Monterey/Salinas Transit, CA Norco, City of, CA Montgomery County Schools, MD Norman School District, OK Montgomery County, MD Norman, City of, OK Montpelier Public Schools, VT North Carolina, State of Montpelier, City of,VT North Dakota, State of Montrose, City of, CO North Idaho College Montrose County, CO North Las Vegas, City of, NV Moore Public Schools, OK North Pacific Rim Housing Authority, AK Moore, City of, OK North Slope Borough, AK Moro Bay, City of, CA North Table Mtn Water Dist, CO Morongo Valley Schools, CA Northern Marianas, Commonwealth of Morton Community College, IL Northland Pioneer College, AZ Moundridge Public Schools, KS Northwest Kansas Medical Center, KS Mountain View, City of, CA Norwalk Redevelopment Agency, CT Mt. Lebanon, Township of, PA Nova Scotia, Province of Mt. Prospect, Village of, IL Oak Ridge, City of, TN Mt. Sinai Hospital, Milwaukee,WI Oakland County, CA Multnomah County, OR Oakland University, MI Muskego, City of,WI Oakland, City of, CA Muskego-Norway School Dist.,WI Ogallala, City of, NE Naperville, City of, IL Ogden, City of, UT Nashville-Davidson County, TN Ohio County Public Schools,WV Nassau County School District, FL Ohio, State of National City, City of, CA Ohio, University of National Council on Alcoholism, NY Oklahoma City Zoological Trust, OK Navajo Arts & Crafts Enterprise, AZ Oklahoma City, City of, OK Navajo Community College, AZ Oklahoma Municipal League Navajo County, AZ Oklahoma State University Page 6 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Oklahoma, State of Pinellas Park, City of, FL Oldsmar, City of, FL Pinon Community School, AZ Omaha Airport Authority, NE Pittsburgh, City of, PA Omaha Police Union, NE Placentia, City of, CA Omaha, City of, NE Pojoaque Gaming, Inc., NM • Ontario, Province of Polk Community College, FL Orange County, FL Pomona, City of, CA Oregon Dept. of Env'I Quality Ponca City, City of, OK Oregon, State of Pontiac, City of, MI Oro Valley,Town of, AZ Port Huron School District, MI Osseo, City of, MN Port Lavaca, City of, TX Oswego, City of,WI Port Neches, City of, TX Oxford, City of, OH Portage, City of, MI Ozarks, College of, AR Portland, City of, OR Page Unified School District,AZ Presbyterian Hospital, NY, NY Page, City of,AZ Presbyterian-St. Luke's Hospital, IL Pagosa Springs, Town of, CO Prescott Valley, Town of,AZ Palestine, City of, TX Prescott, City of, AZ Palm Beach County, FL Prince George's County, MD Palm Springs, City of, CA Prospect Heights, City of, IL Palmer Chiropractic College, IA Providence Hospital, KC, MO Panama, Republic of Provident Hospital, Chicago, IL Pantego, City of, TX Provo, City of, UT Paradise Valley, Town of,AZ Public Risk Management Authority, CA Parker Fire Protection District, CO Pueblo West Metro District, CO Parker, Town of, AZ Puerto Rican Forum, NY, NY Parsippany-Troy Hills Schools, NY Puerto Rico, Commonwealth of Pasadena, City of, CA Puerto Rico, University of Paul's Valley, City of, OK Puget Sound Air Pollution Agency,WA Payson, Town of,AZ Pulaski Memorial Hospital, Chicago, IL Pearland, City of, TX Quebec, Province of Pennsylvania, State of Queen Creek,Town of,AZ Penrose Cancer Hospital, CO Racine, City of,WI Pensacola Junior College, FL Ramsey County, MN Peoria County, IL Rantoul, City of, IL Peoria Public Schools, IL Rapid City, City of, SD Peoria School District,AZ Redford,Township of, MI Peoria, City of,AZ Redwood City, City of, CA Peoria, City of, IL Regional Transportation Commission, NV Perry, City of, OK Rensselear County, NY Philadelphia, City of, PA Rhode Island Hospital, Providence Philander Smith College, AR Rhode Island, State of Phoenix Children's Hospital,AZ Rialto, City of, CA Phoenix Elementary School. Dist., AZ Rifle, City of, CO Phoenix Union High School Dist., AZ Richland County, SC Phoenix, City of,AZ Richland, City of, CA Pima Association of Governments,AZ Richmond County, NC Pima County Superior Court, AZ Richmond Housing Authority, VA Pima County, AZ Richmond,City of,VA Pinal County,AZ Richmond, City of,WI Pine, Township of, PA Ridgecrest School District, CA Pinellas County, FL Rio Rancho, City of, NM Page 7 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM River Forest,Village of, IL Santa Cruz, City of, CA River Oaks, City of, TX Santa Fe Community College, NM Riverside County, CA Santa Fe County, NM Riverside School District, CA Santa Fe Housing Authority, NM Riverside, City of, CA Santa Monica, City of, CA Roanoke Redevelopment Authority, VA Sarasota Airport Authority, FL Rochester, City of, NY Saskatchewan, Province of Rockford Public Schools, IL Saudi Arabia, Kingdom of Rockingham County,VA Saydell School District, IA Rockwall, City of, TX Schertz, City of, TX Rolla, City of, MO Scotia-Glenville Public Schools, NY Rolling Meadows, City of, IL Scott County, IA Roosevelt, City of, UT Scottsdale Cultural Council,AZ Roselle, Village of, IL Scottsdale, City of,AZ Ruidoso, Village of, NM Sedona Fire District, AZ Sachse, City of,TX Sedona, City of, AZ Sacramento County, CA Seminole, City of, OK Sacramento Housing Authority, CA Shawnee Public Schools, OK Sacramento Reg'l Sanitation Dist, CA Sheboygan, City of,WI Sacramento, City of, CA Shelburne, City of, VT Safford, City of,AZ Shelby, City of, NC Saginaw, City of, MI Shreveport, City of, LA Sahuarita, Town of,AZ Sierra Vista School District, CA Salida, City of, CO Sierra Vista, City of, AZ Salina Public Schools, KS Silt, Town of, CO Salina, City of, KS Silverthorne, Town of, CO Salt Lake City, City of, UT Sinai Hospital of Detroit, MI Salt Lake Metro Water District, UT Sioux City, City of, IA Salt River Tribal Government, AZ Sisters of Charity, TX San Antonio, City of, TX Sisters of St. Joseph, CA San Bernardino County, CA Skokie, City of, IL San Bernardino Intl Airport Auth, CA Solana Beach, City of, CA San Bernardino, City of, CA Somerton School District, AZ San Carlos Apache Tribe,AZ South Alabama Reg'l Plan Comm. San Diego County, CA South Carolina, State of San Diego, City of, CA South Central MI Health Council San Felipe Pueblo, NM South Dakota, State of San Francisco State College, CA South Metro Fire District, CO San Jose, City of, CA South Padre Island, Town of,TX San Juan County, NM Southeastern Education Lab, GA San Juan Public Schools, CA Southeastern Plan/Dev Dist, MA San Juan Pueblo, NM Southern Illinois University San Luis, City of, AZ Southern Ute Indian Tribe, CO San Xavier District(TON),AZ Southwestern Illinois Plan Comm. Sand Hills Community Action, NC Spartanburg Tech College, SC Sandusky, City of, OH Spokane, City of,WA Sandy, City of, UT Springfield, City of, IL • Santa Ana, City of, CA St. Bernard Parish, LA Santa Barbara County, CA St. Charles, City of, IL Santa Cruz County, AZ St. Francis Hospital, La Crosse,WI Santa Cruz County, CA St. George, City of, UT Santa Cruz Valley School Dist., AZ St. John's Hospital, Salina, KS Page 8 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM St. John's University, MN Tracy, City of, CA St. Joseph's Hospital, Denver, CO Transylvania University, KY St. Louis County, MO Tri-County Health Dept, CO St. Louis Metro Sanitary District, MO Tri-County Reg'I Planning Comm, OH St. Louis, City of, MO Truth or Consequences, City of, NM St. Lucie County Fire District, FL Tucson Unified School District, AZ St. Luke's Hospital, Racine, WI Tucson, City of, AZ St. Mary's Hospital, Tucson, AZ Tulare, City of, CA St. Mary's University,TX Tularosa,Village of, NM St. Paul Housing Authority, MN Tulsa, City of, OK St. Paul, City of, MN Umpqua Community College, OR St. Vincent Hosp/Med. Center, NY, NY Union Theological Seminary, NY St. Vincent Hospital, Jacksonville, FL United Nations State Compensation Fund, AZ United States State Fair Community College, MO Agriculture Department Sterling, City of, CO Army, Department of Stubenville, City of, OH Atomic Energy Commission Summit County, CO Civil Service Commission Sun City West, City of,AZ Commerce Department Sunny Isles Beach, City of, FL Defense Department Sunnyside Public Schools,AZ Health, Education &Welfare Dept. Superior,Town of, CO Housing & Urban Development Dept. Surprise, City of,AZ Justice (LEAA) Department Susanville Public Schools, CA State (AID) Department Sutter-Yuba Counties Health Dept., CA Transportation Department Suwanee County, FL Veterans Administration Syracuse University, NY University of Illinois Medical School Tacoma Housing Authority,WA Utah, State of Tampa Port Authority, Tampa, FL Valdez, City of,AK Taos,Town of, NM Valley Metro Rail,AZ Tarrant County Comm. College, TX Valleys Planning Council, MD Telluride, Town of, CO Valpariso University, IN Tempe Elementary School District, AZ Vanderbilt University, TN Tempe High School District,AZ Ventura County Housing Authority, CA Tempe, City of,AZ Ventura County, CA Temple University Hospital, PA Vermont, State of Temple University, PA Vermont, University of Tennessee, State of Vero Beach, City of, FL Tennessee, University of Villa Park,Village of, IL Texas Department of Banking Virginia, State of Texas Department of Transportation Visalia, City of, CA Texas Office of the Attorney General Wake County, NC Texas Water Development Board Walsh County, ND The Navajo Nation,AZ Waltham Hospital, MA Thornton, City of, CO Walworth County,WI Thousand Oaks, City of, CA Warr Acres, City of, OK Three Villages School District, NY Warren County Public Schools, PA Tillamook Bay Community College, OR Warren General Hospital, OH Tohono O'odham Nation,AZ Warrensburg, City of, MO Tomball, City of,TX Washington Hospital Center, DC Topeka, City of, KS Washington, State of Torrance, City of, CA Washoe County School District, NV Page 9 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM Water Facilities Authority, CA Whiteside County, IL Waterford, City of,WI Wickenburg, City of,AZ Waukee, City of, IA Williams Gateway Airport, AZ Waukegan, City of, IL Williams, City of,AZ Waukesha County,WI Wilmette Park District, IL • Wayne County, MI Windcrest, City of, TX Webster, City of, TX Windsor Library District, CO Weirton, City of,WV Windsor, Town of, CO Welfare Council of Metro Chicago, IL Winfield,Village, IL Wentzville, City of, MO Winnetka,Village of, IL Wesley Mem'I Hospital of Chicago, IL Wisconsin, State of West Chicago, City of, IL Wisconsin, University System of West Covina, City of, CA Wood County, TX West Palm Beach, City of, FL Wyoming, State of West Virginia, State of Yankton, City of, SD Westbury Public Schools, NY Yavapai Fire District, AZ Western Heights School District, OK Yuba City, City of, CA Western Kentucky University Yukon Health Corporation, AK Western Michigan University Yuma County Justice Courts,AZ Western New Mexico University Yuma County Superior Court, AZ Western Oklahoma State College Yuma County, AZ Westminster, City of, CA Yuma Housing Authority,AZ Wheaton, City of, IL Yuma School District One, AZ Wheatridge Fire Protection District, CO Yuma, City of,AZ Wheeling, City of,WV Zelienople, Borough of, PA Page 10 of 10 PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 50 REPRESENTATIVE TEXAS PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM The following Texas public employers are representative of the more than 900 public employers throughout the U.S. for whom members of our staff have provided human resources consulting services. Several of these employers were served by members of our firm while they were with Hay Associates, Hewitt Associates or Governmental Management Institute. Anahuac, City of Austin Community College Austin Housing Authority Balcones Heights, City of Baylor University Baytown, City of Bee Cave, Village of Carrizo Springs, City of Cedar Park, City of Dallas County Dallas Housing Authority Eagle Pass, City of El Paso, City of El Paso County Frisco, City of Galveston, Port of Goforth Water System Greater Texas Fed'l Credit Union Hays County Houston Housing Authority Jefferson County Jefferson County Appraisal District Jefferson County Navigation District Killeen, City of Lake LBJ Municipal District Lakeway, City of Lamar University Midland Police Academy Nederland, City of Palestine, City of Pantego, Town of Pearland, City of Port Lavaca, City of Port Neches, City of River Oaks, City of Rockwall, City of Sachse, City of San Antonio, City of Schertz, City of South Padre Island, Town of Tarrant County Community College Texas Department of Banking Texas Department of Transportation Texas Office of Attorney General Texas Water Development Board Tomball, City of Webster, City of Windcrest, City of Wood County TX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 REPRESENTATIVE CURRENT/COMPLETED PROJECT REFERENCES Following is a sample of Texas municipalities that are representative of the more than 950 public employers for whom members of our staff have provided job analysis, position classification, job description, job evaluation, compensation survey, compensation plan development, and/or training services, similar to those requested by the City of Wylie. BAYTOWN, CITY OF Ms.Allison Froehlich-Smith Human Resources Director 2401 Market Street Baytown, TX 77522 (281)420-6520 asmith c(�baytown.orq COLLEYVILLE, CITY OF Mr. Bill Lindley City Manager 100 Main Street Colleyville, TX 76034 (817) 503-1116 lindleyw(a�ci.colleyville.tx.us EL PASO, CITY OF Ms. Linda Ball Thomas Interim Human Resources Director 2 Civic Center Plaza, 3`d Floor El Paso, TX 79901 (915) 541-4102 ThomasLB(a�ci.el-paso.tx.us FRISCO, CITY OF Ms. Lauren Safranek Human Resources Director 6891 Main Street Frisco, TX 75034 (972) 335-5555 Ext. 180 Lsafranek(a�ci.frisco.tx.us SACHSE, CITY OF Ms. Toni Beckett Human Resources Director 5560 Highway 78 Sachse, TX 75048 (972)495-1212 tbeckett(a�cityofsachse.corn SCHERTZ, CITY OF Mr. Mark Marquez City Manager 1400 Schertz Parkway Schertz, TX 78154 (210)658-4636 mmarquez(a�si.schertz.tx.us CWTX PUBLIC SECTOR PERSONNEL CONSULTANTS 1/06 PROPOSAL TO REVISE THE COMPENSATION PLAN FOR THE CITY OF WYLIE QUALIFICATIONS OF OUR STAFF RESUMES OF CITY OF WYLIE PROJECT TEAM CONSULTANTS PUBLIC SECTOR PERSONNEL CONSULTANTS HENRI R. van ADELSBERG Mr. van Adelsberg has more than 35 years of experience as a human resources executive and consultant. He has served as Worldwide Director of Compensation and Benefits for Allergan Pharmaceuticals and National Education Corporation, Director of the Public Sector Group of Hay Associates, Consulting Manager with Ernst& Young and KMPG Peat Marwick, and Senior Personnel Analyst for Los Angeles County. Among the many Texas agencies for whom he has developed position classification plans are: Austin Housing Auth, TX El Paso County, TX Schertz, City of, TX Baytown, City of, TX Houston Housing Auth, TX South Padre Island, TX Dallas County, TX Jefferson County, TX TX Department of Banking Eagle Pass, City of, TX Port Lavaca, City, TX TX Dept of Transportation El Paso, City of, TX San Antonio, City of, TX TX Office-Attorney General He holds a BA degree from California State University, and is the recipient of the Lifetime Achievement Award from the American Compensation Association. ELIZABETH J. TALAMONTI, CCP Ms. Talamonti has over 25 years of experience as a compensation manager and consultant for public and private employers, specializing in job analysis, salary surveys, and salary plan development. She has served as Compensation Research Associate for Hayes/Hill, Inc., Senior Compensation Analyst for AON Corporation, Compensation Manager for Loyola University, and Project Manager for the American Compensation Association. She has conducted projects in job audits, job descriptions, salary surveys, compensation database management, compensation plan development, compensation training course development, and compensation trend research. Among her consulting projects are Austin Comm College, TX Great Falls, City of, MT Minot, City of, ND Boone County, MO Hamilton County, TN Norman, City of, OK Dallas Housing Auth, TX Houston Housing Auth, TX Oakland, City of, CA El Paso, City of, TX Huntington Beach, City of, CA Sacramento, City of, CA El Paso County, TX Maricopa County, AZ Yukon Health Corp, AK • Ms. Talamonti holds a BS degree in Business Administration from Arizona State University. She holds the Certified Compensation Professional (CCP) designation from the American Compensation Association. MATTHEW E. WEATHERLY Mr. Weatherly has over 10 years of experience as a human resources management professional and consultant, specializing in position classification, compensation, recruitment and selection. He has served as a Human Resources Analyst with Employee Solutions, Inc. and Staffing Consultant with Initial Staffing Services. He has completed projects in staff development, recruitment, selection, job descriptions, salary survey, and salary plan development. Among his recently completed consulting projects are those for: Ardmore, City of, OK Frisco, City of, TX Sachse, City of, TX Baytown, City of, TX Houston Housing Auth, TX Schertz, City of, TX Edmond, City of, OK Lakeway, City of, TX Tomball, City of, TX El Paso, City of, TX Norman, City, OK Webster, City of, TX El Paso County, TX Port Lavaca, City of, TX Windcrest, City of, TX Mr. Weatherly holds a BS degree in Human Resources Management from Arizona State University. TX PUBLIC SECTOR PERSONNEL CONSULTANTS 11/05 TERRY G. BOLLING Mr. Bolling has more than 25 years of experience as a human resources and compensation manager and consultant for public employers, specializing in organizational analysis and organizational development. He has served as a Management Consultant with Ernst & Young, Career Continuation Consultant with Hay Associates, and Human Resources Planning Manager for Maricopa County, AZ. He holds a BS degree in Business Administration from Indiana University. MARY KAY BONILLA, SPHR, CCP Ms. Bonilla has more than 15 years of experience as a human resources analyst and consultant for public employers, specializing in recruitment, FLSA, compensation and benefits. She has served as Human Resources Coordinator for Arizona State University, Compensation and Personnel Specialist for Phoenix Healthcare Systems, and Human Resources Analyst for the City of Peoria, AZ. Ms. Bonilla holds a BS degree (cum Laude) in Business Administration from the University of Montana, certification as Senior Professional in Human Resources (SPHR) from the Society for Human Resources Management, and designation as Certified Compensation Professional (CCP) from the American Compensation Association. ROBERT A. MILES, SPHR Mr. Miles has over 25 years of experience as a human resources manager and consultant for public employers, specializing in position classification and compensation. He has served as Personnel Analyst for the City of Ft. '_auderdale, FL, Deputy Personnel Director for the City of Springfield, OH and Director of Human Resources for the Palm Beach County Sheriff's Department, FL. Mr. Miles holds a BS degree in Business Administration (cum laude) from Central Ohio State University and designation as Senior Professional in Human Resources (SPHR) by the Society for Human Resources Management. AL PACHECO, CCP, SPHR Mr. Pacheco has more than 25 years of experience as a compensation manager and consultant, specializing in all aspects of compensation for California public employers. He has served in personnel management positions with the counties of Santa Clara, Ventura, and Yolo, and with the cities of San Buenaventura and Santa Barbara. CA. Mr. Pacheco holds a BA degree in Industrial Technology from California State University, certification as a Certified Compensation Professional (CCP) from the American Compensation Association, and as a Senior Professional in Human Resources (SPHR) by the Society for Human Resources Management. JUDE WILLIAMS, SPHR • Ms. Williams has more than 20 years of experience as a human resources manager and consultant for public employers, specializing in employee development, classification, and compensation. She has served as Assistant Director of Human Resources for HS Healthcare, Regional Human Resources Manager for ManorCare Health Services and Director of Human Resources for the City of Bettendorf, IA. Ms. Williams holds a BS degree in Business Education from the University of Illinois and designation as Senior Professional in Human Resources (SPHR) from the Society for Human Resources Management. TX PUBLIC SECTOR PERSONNEL CONSULTANTS 11/05 PITRPOSF, This document constitutes a Request for Proposal issued by The City of Wylie for professional assistance in the revision of a compensation plan and presentation of findings. $CHFDITI.F Release of request for proposal January 9, 2006 Proposals due by 5:00 p.m. January 26, 2006 Contract Awarded February 14, 2006 Project must be completed April 17, 2006 BACKGROUND INFORMATION The City of Wylie is a suburban city located in southeast Collin County with a growing population over 30,000. In recent years the City of Wylie has experienced rapid population growth and a corresponding growth of city employees. There are currently 182 full time employees, 31 part time employees, and eleven city departments. The City of Wylie currently has a Step plan. The Step plan was implemented in 2001 in response to employee dissatisfaction with the previous pay plan and to align our wages with the market. All employees begin at Step 1 and progress to the top step via yearly step raises. All employees receive an annual cost of living raise in October if the budget allows. In addition Human Resources conducts annual salary surveys during the budget process. The City Manager may recommend adjustments in the Step plan based on salary survey results. Recommended changes in the compensation plan become effective upon City Council approval. Cities that we compare salaries with include Greenville, Richardson, Allen, Garland,McKinney, Plano, Rockwall, Rowlett, and Sachse. GENERAL CONTRACT AND CONDITIONS Proposals must be submitted in a sealed, properly identified package and must include 10 copies. They must be received in the purchasing office before the hour and date specified for opening 5:00 p.m., January 26, 2006. Address proposals to: Purchasing do Jim Holcomb 2000 Hwy 78 N. Wylie, TX 75098 Proposal Contents and Selection Factors Consultants are encouraged to be creative and resourceful in proposing the most cost- effective and efficient solutions for the needs outlined in this RFP. The proposal, in a format decided by the firm, shall contain the following information to be considered complete. Proposals will not be evaluated on cost alone, but will use a combination of factors, specifically: 1. Comparable experience, preferably for governmental agencies, with references including contact information for which comparable work has been performed in the past five years. Please note any and all experience in performing similar work for cities of similar size and demographics. 2. Management approach and philosophy. 3. Understanding of the tasks set forth by the City of Wylie Compensation Task Force: a. Development of a pay system that incorporates some measure of a merit system. b. Development of a pay system identifying exempt and non-exempt positions. c. Development of a pay system that includes an implementation schedule that is both financially affordable and reasonable in scope. d. Development of a Management Benefit Package for entry as well as senior level management. 4. Schedule of internal milestones leading to the required completion date. 5. Credentials of project management staff proposed to perform work(resumes of all key personnel who will be responsible for the work). 6. Cost of services and payment policies, given in detail as well as summary format. 7. Expected tasks to be completed by City Personnel to assist with the study. 8. Details of any instance in which the Consultant or Firm has ever had to legally defend themselves for services provided. Compensation Study Tasks 1. Conduct an employee survey to determine employees' attitudes towards employment with the City of Wylie, including a merit system and employee preference in respect to benefits. 2. To develop options for a pay system that incorporates some measure of a merit system, including how it would fit into the existing step plan. 3. To develop a pay system that identifies exempt and non-exempt positions. 4. To develop a pay plan that includes an implementation schedule that is both financially affordable, reasonable in scope and is competitive with the surrounding markets. 5. To review and suggest a Management Benefit Package for entry as well as senior level management. 6. Identify the appropriateness of other key compensation practices in relation to the City of Wylie including pay for performance, skill pay, executive compensation, shift differentials, special assignment pay, specialty pay, bilingual pay, education pay, retiree benefits, holidays, longevity and a city match to deferred compensation. These recommendations may be pursued at a Iater date. 7. Provide progress updates as requested by the Compensation Task Force. 8. Provide comprehensive training for key staff members on how the new pay system will be implemented. 9. Presentation of findings as requested. CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Finance Prepared By: Account Code No.#: N/A Date Prepared: Larry Williamson Budgeted Amount: N/A Exhibits: Resolution,Amendment AGENDA SUBJECT:Consider and act upon Resolution No. 2006-06(R) authorizing an amendment to the contract with the law firm of Linebarger Googan Blair & Sampson, LLP. for earlier turnover of delinquent personal property taxes. RECOMMENDED ACTION: Finance Department recommends that the Council approve the resolution and amendment. SUMMARY: The Legislature passed House Bill 2491, its omnibus property tax bill. Among the provisions is one which allows a taxing entity to turn over, to its delinquent tax law firm, delinquent personal property accounts as early as sixty (60) days after the February 1st delinquency date and to impose the delinquent collection penalty to defray the costs of collection. For purposes of the 2005 delinquent accounts (for bills that are sent out in October 2005), that 60-day turnover would be April 4, 2006. This legislation is beneficial to the City because it allows the collection process to start three months earlier on personal property. Unlike real estate, business personal property is mobile and often disappears. Many times, businesses close or move prior to our collection efforts. The April start, as opposed to the July start, will increase the opportunities to collect delinquent taxes from these businesses while they are still in business. The law now allows the City of Wylie to impose the twenty percent (20%) delinquent collection penalty on the business personal property accounts turned over in April and thereby fund the early collection efforts. The delinquent taxpayer, and not the City, will bear the cost of the collection effort. To take advantage of the early turnover,three steps must be taken: (1) The taxing entity must take official action to impose the early penalty; (2) Notice of the penalty must be given to the delinquent taxpayer during the month of February 2006; and (3) The City's delinquent tax collection contract with our law firm must be amended to provide for early turnover of personal property delinquencies. APPROVED BY: Initial Date Department Director: LW \ 01/31/06 City Manager: /) 'E' \ a/0Jv6 1 AGENDA SUBJECT:Consider and act upon Resolution No. 2006-06(R) authorizing an amendment to the contract with the law firm of Linebarger Googan Blair & Sampson, LLP. for earlier turnover of delinquent personal property taxes. SUMMARY: (Continued) 2 RESOLUTION No. 2006-06(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING A CONTRACT AMENDMENT WITH THE LAW FIRM OF LINEBARGER GOOGAN BLAIR & SAMPSON, LLP. FOR EARLIER TURNOVER OF DELINQUENT PERSONAL PROPERTY TAXES. WHEREAS, the City of Wylie ("CITY") wishes to defray its costs of collection, as authorized by TEX. TAX CODE § 33.11, that it incurs under the contract and amendment thereto for collection of delinquent property taxes between CITY and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP in association with NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. ("FIRM") entered into pursuant to TEX. TAX CODE § 6.30; WHEREAS, under said Section 33.11, the governing body of CITY is empowered to authorize the addition of a collection penalty in an amount that does not exceed the amount of the compensation specified in the contract with FIRM; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLE, SITTING AS THE GOVERNING BODY OF SAID CITY,THAT: Section 1: The recitals set forth in this Resolution are true and correct. Section 2: An additional penalty on delinquent taxes for tax years 2005 and subsequent years is hereby authorized and imposed, as provided by Section 33.11, Texas Property Tax Code, in the amount of 20% of the delinquent tax, penalty and interest if the tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. DULY PASSED,APPROVED AND ADOPTED this the 14TH day of February, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2006-06(R) Amending Collection of Delinquent Taxes STATE OF TEXAS ) COUNTY OF COLLIN ) AMENDMENT NO. 2 TO THE CONTRACT ("Contract") BETWEEN CITY OF WYLIE AND LINEBARGER GOGGAN BLAIR& SAMPSON, LLP IN ASSOCIATION WITH NICHOLS,JACKSON, DILLARD,HAGER& SMITH, L.L.P. WHEREAS, on June 26, 2001, the City of Wylie (hereinafter "CITY") approved a Contract between the CITY and the law firm of Linebarger Goggan Blair & Sampson, LLP (formerly known as Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP) in association with Nichols,Jackson,Dillard,Hager&Smith,L.L.P.(hereinafter"FIRM");and on June 8, 2004 approved Amendment No.1 to the Contract; and WHEREAS,CITY wishes to turnover delinquent personal property taxes at the earliest practicable date and wishes to defray its costs of collection as authorized by Texas Property Tax Code Section 33.11; NOW THEREFORE, by execution of this Amendment No. 2, the Contract and Amendment No. 1 to the Contract are amended hereby as set forth below. I. The following language is hereby substituted for Section I of the Contract: CITY agrees to employ and does hereby employ FIRM to enforce by suit or otherwise the collection of all delinquent taxes,penalty and interest owing to CITY,provided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall become delinquent,except as otherwise provided herein. Lawsuits and bankruptcy cases filed before the first day of July shall include current year taxes as allowed by law. Such taxes are also subject to the terms of this contract. Further,in the case of delinquent tangible personal property,on the 60th day after the February 1 delinquency date, such taxes are subject to this contract. II. The following language is hereby substituted for Section I of Amendment No. 1 to the Contract: CITY agrees to pay to FIRM as compensation for services required herein the following amounts: (a) fifteen percent (15%) of the amount collected of all 2002 and prior year delinquent taxes, penalty and interest that are subject to the terms of this contract, actually collected and paid to the collector of taxes during the term of this contract, as and when collected; and (b) twenty percent(20%) of the amount collected of all 2003 and subsequent year delinquent taxes,penalty and interest that are subject to the terms of the contract, actually collected and paid to the collector of taxes during the term of this contract as and when collected. All compensation above provided for shall become the property of the FIRM at the time payment of taxes,penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. The CITY may at its sole discretion turn over to the FIRM selected accounts for collection prior to July 1,except as otherwise provided in Section I hereto. The CITY agrees to pay the FIRM as compensation for collection activities on these accounts,including tax seizures pursuant to which the compensation is a cost of the seizure,an amount equal to twenty percent (20%) of the taxes actually collected. In bankruptcy proceedings, eminent domain proceedings or other federal receivership, the FIRM will be entitled to a fee of twenty percent(20%)of all amounts actually collected and paid to the CITY. Provided, however, that CITY agrees to pay to FIRM as compensation hereunder fifteen percent(15%) of the amount of all delinquent taxes,penalty and interest for the tax years 2002 and prior. III. EFFECT OF THE AMENDMENT By execution of this Amendment No.2,the Contract and Amendment No. 1 to the Contract are amended. No other sections, provisions, clauses or conditions of the Contract or Amendment No. 1 to the Contract are waived or changed hereby and they shall all remain in full force and effect throughout the term of the Contract and any duly authorized extensions. Page 2 IN WITNESS WHEREOF,by their signatures below,the duly authorized representatives of the City of Wylie and of Linebarger Goggan Blair & Sampson, LLP in association with Nichols, Jackson,Dillard,Hager& Smith,L.L.P. do hereby agree and append this Amendment No. 2 to the Contract dated June 26, 2001 and the Amendment No. 1 to the Contract dated June 8, 2004. EXECUTED THIS the day of , 2006. CITY OF WYLIE LINEBARGER GOGGAN BLAIR& SAMPSON, LLP By: By: John Mondy DeMetris Sampson Mayor Partner NICHOLS,JACKSON,DILLARD, HAGER& SMITH, L.L.P By: Partner Dated: ATTEST By: Carole Ehrlich City Secretary Page 3 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM February 10, 2006 Fire Department Council Meeting Of: Originating Department: Prepared By: Noe Flores Account Code No. #: Date Prepared: January 19, 2006 Budgeted Amount: $628.619.00 Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of the purchase of a new Quint fire apparatus. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Staff recommends approval for the purchase of the new Quint and the purchase be financed by public property finance contractual obligations for a period of seven years. The purchase of the Quint is for Station 3. This new fire station will require a new Quint. Wylie Fire Rescue utilizes the following first line apparatus: • Quint 1 (2000)- General Fire Apparatus (Station 1) • Quint 2 (1996)- Emergency vehicles fire apparatus- this Quint is planned to be replaced with a 2005 General Fire Apparatus in April 2006 • Engine 5 (1991)- Sutphen fire engine Wylie Fire Rescue uses Engine 5 as a reserve and a first line apparatus. Engine 5 is manned by off-duty personnel and responds to major incidents. Station 3 opening will require a Quint that is reliable. Old Quint 2, once it is replaced and renamed Quint 5, will be a reserve apparatus for all three front line Quints. The need for a reserve apparatus is evident. Maintenance of the front line vehicles requires them to be out of service. Mechanical repairs over the past three years have required Wylie Fire Rescue to borrow a fire engine from Plano as a front line apparatus. Increase in the city's growth and call volume has increased maintenance on all fire apparatus. Wylie Fire Rescue is in need of a new Quint for station 3 and this will allow the rotation of vehicles with the following assignments: • The new Quint will be stationed at Station 3 (Quint 3) • Quint 1 will remain front line at Station 1 APPROVED BY: Initial Date Department Director: SE \ 1/19/06 City Manager: MIA \ .0Jrro/64 1 AGENDA SUBJECT: Consider and act upon approval of the purchase of a new Quint fire apparatus. SUMMARY: (Continued) • New Quint 2 (2005)will replace old Quint 2 (1996)at station 2 • Old Quint 2 (1996) will be renamed Quint 5, which is first line for off-duty and volunteer personnel • Engine 5 will become reserve apparatus The proposed Quint would have most of the same features as our current Quints. We have been satisfied with the detail work of the manufactured chassis and have had the manufacture re-engineer the brake system. The Quint would be delivered sometime in 2007, if the order is placed in February. A concept drawing, pricing and an article that discusses the Quint concept is included for the council's review. The purchase of this Quint is consistent with the fire department's master plan. The time lines for purchasing a new Quint include: • Design and engineering(60 to 90 days) • Obtaining a construction slot for the chassis (up to a 16-month lead depending on the type and make,due to the shortage of Allison Automatic transmissions) • Obtaining a construction slot for the ladder (up to six month lead, due to relocation of the manufacturer of the type of ladder we require) • Construction of the body will take four months • Total actual construction of the vehicle will take about eleven months Construction and delivery schedule: February 2006 Design and engineering March Drawing and vehicle specs. April Place order(deposit) May Chassis construction June Chassis construction July Chassis construction August Chassis completion/ladder construction September Body construction and assembly October Body construction and assembly November Body construction and assembly December Body construction and assembly Jan-March 2007 Unit completion, inspection, and testing The purchase of the Quint would be made under the terms of an existing contract between General Safety Equipment and the City of Plano which, along with the City of Wylie, is a member entity of the Collin County Governmental Purchasers Forum. This cooperative purchasing arrangement is made possible by the Interlocal Cooperation Act and satisfies the competitive bidding requirements of Chapter 252.021 of the Texas Local Government Code. 2 RICA UMW Tr 2-1001 srr l/! ar1W -'_- tlz um -_- twat • ION MMr .,, • S =- �Z AMIE sNuq m ,I MUM SEW �C 7 �er ffM-• " ff• ffl� rnTNN IN r� rrr y N®I NIN ION. r�1 <}s : p , tuna e NN� r< ; " I,... , RrmN� iul r, A ®` 1 isi y, ® 1 r---- -- � . ,�L ® ` a te 1, :.� 4s • —, Rr - I ;AIN Iiikti Wrist y�� r pm rot r$ N• •- \-(2)ON I NN SEb MICE ROM IBLEPCON our i xlty2NR 1 _ . Y Y# • r RID NOrLAO 1 g S3S IS • a ; 4U to - a /� �� ® if i 0ffMn T A .... . F-ram---� 1 9 11' ® ® J_____on GO rl - 1 r rl' aril A6: col / \ =.1I,' /0.__. �, � ) _ _lir44l.f 8 ---' 1 - r i NIX rooMaMCTOer Kt PC IK Kr iX41 C4 DO MN svir DRAM. «o� DIVISION DEG#P2610-04 ILL DOOM BLUEPRINT ARE OVERALL HOW b V.GENERAL Or-SrV QM$mom /pPpppy�rE AID N LMDEO CCMNION SUBJECT W ENDNEDNC 2205 r BF OM Bmi MIM CHANCES our TO OMB nor DIE 15 KM N NOE EN M1 u ' "°� WYLIE FIRE DEPT. �t TAX/ 006 NOT NECFSSIPLY 021) rase o auer � Dr MP MOE IMAM GII5 Kart PDF created wi h FinePrinl pdfFai.lury hid!9eIJIUn I tlp.//wW .f piinLwm rd* ' rs tux u ' j3 A CONCEPT, NOT A TRUCK Below:Wylie Fire oday there are double company concepts, �., Department's "Quint ,*----,1...,,,* 1."Built b}'Emergenc•_� task force concepts, single engine company .. ... 1, this Quint features: concepts, quick attack concepts and total * fit; - - FI80 Freightliner cha.s- quint concepts (which the St. Louis Fire Depart- _ sis, Cummins Diesel. ment uses. which is actually a double company Allison Automatic,65' concept utilizing quints). There are probably a , - ladder(with remote dozen other concepts that you could think of off i .1 s -' ..."- control), Hale 1500 the top of your head. There are tandem axle ,,�... , _s G.P.M.Pump, cony quints, single axle quints, quints just about any ,- pressed air faam sys- length you would care to climb. quints used as tem, Hohnatro rescue truck companies,paramedic quints,rescue quints. Above:Right side view of compartments and tools,air bags. 5000 hat-mat quints, quints with every ground ladder equipment.Below:Left side view of compartments watt generator(1500 ever made,and then there's"The New Quint." and equipment. PHOTOS BY SHAN ENGLISH. wall lights),ppv fan,5 There have been opinions on steel versus alu- SCBA, 5 preconnects minum ladders, ground ladders versus compart- (including a front meats,midship versus rear mount,and 75'versus j Dl .�;� um Ime 1000' S„ g I R,s,,..� . 1. At, 1 P ) 110'. It really down t matter that most firelighters hose, 500'3"and a wwe cant agree on what it should consist of or that ' 1 line, twin removable ' I ' e tt�R• , s most newer quints don't meet the true definition i , / 4 . • �', deck guns,hydraulic of a"Quint"The"New Quint"is a concept based . p -- ladder rack,E.M.S. { on versatility, staffing levels, and funding. It's an i. ,1 ,,,� First Responder equip- -all in one" strategy, indicating that everything .. meat(A,L.S,)and vend- �t t , ) lotion tools moxnted at you need is right there. If you need an engine I �` t 1 of the ladder. �rr ra it- ''ai•:. Y SHA uswatt• :w rr .0.4 1 1*'''''''*!.': a t a -.---fi A a� g . ,. `*"'.z, fit. ,. ,t; Kr '''' company, it's the next unit in, if you based. It replaces a double company net. This is the rule, not the exception, i need a truck company. it's the next unit concept(an engine at every station and for most departments due to funding. A in.Many believe that you can't do both: one truck company for every three sta- department with 15 fire stations, 10 sin- "engine and truck work are two special- tions distributed evenly throughout the gle companies with three personnel and ized fields that cannot be bridged." city) with one Quint at every station five double companies with eight per- Many others believe that we do it every- equipped and trained to perform both sonnet requires a total of 70 personnel day when we rotate crews and/or per- functions. Stations would be doubled up (not including fill ins). A True Quint } sonnet from the engine to the truck. with another Quint only if the call load Concept with four on every apparatus .- demands it. requires 60 personnel. Extra positions THE TRUE In many cases.this concept increases could be used for cost savings or to dou- QUINT CONCEPT company staffing levels for those ble up the busier stations. Regardless, a The True Quint Concept ;not to he departments that are not fortunate True Quint Concept confused with the Si Louis total quint enough to staff both engine companies j is lean and mean. The traditional concept) is perforr.,e e and budget and truck companies with four person- ! Many departments H have already gone to concept of separately #' it. and many more 3� are in the process. staffing engine and Ff Quints staffed truck companies is h. with four personnel :, M O T O R O L A also meet the intent highly effective,but of the 2-in/2-out rul- ing. The officer and also very expensive.1 ti, Radio Network Solutions engineer outside V. believe quints,through packed out ready to ` go(a lot of old hands their versatility,offer k; Experience is the Differenc e just fell over grasp- •a viable alternative. ing their chest when ii they read that) and two personnel inside fighting fire. Our ., department. and many others. has been 3 1 doing it for years.It's safe,effective and is only until enough personnel arrive to ` i j i� =y' actually staff the line. Quints are multifunctional and they : carry a full complement of personnel, b —lot.- equipment(needed for engine and uvck work). rescue tools and E.M.S. equip- ment.The basic premise is to develop a 10, «.M. system that is flexible and adaptable to zl• those situations that would require an , engine or a truck. =~; Therefore. all personnel must be 1 _ trained in engine and truck company is operations. Standard operating proce- dures must be developed with this flexi- bility in mind.Fortunately,most S.O.P.s ;.; Motorola is proud to salute already address basic fireground opera- bons,and the incorporation of the Quint the Texas Fire Chiefs Association operations may be as simple as remov- ing assignments made by apparatus 1801 Royal Lane, Ste. 800 type. Dallas,TX 75229 THE CONCEPT GROWING IN OUR I OWNBACKYARDS The St. Louis Fire Department stillattracts a lot of attention for moving to TEXAS FIRE CHIEFS Fall/Winter 199826 ,- #,;: :: .. Quints because it's one ddon'te larger they have to total number of staffed fire cvantage of ompanies.ucing the advantages of Quints may not bee new Q thet answer for cities to do so. But., , look far to find some of the larger This saves big dollars while maintaining every department, but they are worth equitable or better service level.The consideration as we continually strive to departments making themove here in an Texas. In fact, many of our area depart- number of fire companies could he offer better service at a more affordable merits have been doing it for years. reduced because truck companies can l cost. om` The Ft. Worth Fire Department has be reduced or eliminated.based on local Some other cities making the shift to been making the conrisolidationon for some community needs. For most communr- j or are utilizing Quints in the North Cen- ties the need for truck companies can be tral Texas Area are Addison. Allen. 14 time.the Deputy Chief pt Hugoa Sparzancrestatese eliminated. Arlington, Bedford, Burleson, Car- that quint concept can increase the effectiveness of the fire department Other advantages in addition to cost rolton.The Colony,Coppell,D/FW Air- '..'!' 'f. savings can also be realized. Standard- port, Euless, Hurst, Lewisville, operations if properly utaffed and sup- d. On the fire mound. a quint can ization, effective utilization of person- Richland Hills and Wylie. to name prole nel. and increased productivity are also few. � � �, provide an officer and his crew several $! more options in terms of firefighting fit capabilities because of its multi-role .. function. tat i'';` The quint can be positioned in front 'I �� of a building and used in the same f iti..1 ion as an engine company providing fire WNW ERB NI AMI, lattack. From this position, the aerial device can be used to quickly knock or il hold a fire by flowing water through a window or door until lines can be SPECIALIZING IN 12 VOLT CHARGING SYSTEMS extended to the fire area.The aerial can also be positioned and utilized in the WHEN LIVES ARE ON THE INE... same manner as a truck company;either for Qaining access to the roof or upper - ,�•4 Don't wait for a DEATH to occur to replace the most portions of the building, rescue opera- !„ important component on your ambulance or fire truck...the ALTERNATOR. [ions, or in anticipation of a defensive r r, r�. stance. r •.; Until now, there has not been an alternator that could He goes on to say there are three issues in the use of quint companies: keep up with the high amp demand of EMS vehicles • Staffing or police cars. • Standard operating procedures Effective utilization to prevent wear Has changing alternators and batteries become your way of life?it doesn't have to be. and tear The Richardson Fire Department is P _, proposing to make the move to Quints. MPI-VITAL Alternators have been "at the scene" for Chief Bill Shanklin told us that quints '. m' three years now with 205 to 270 amp alternators for offer a tremendous opportunity for fire ambulances, and 270 and 300 amp alternators for fire trucks. These direct replacement alternators feature: lioncosts departments and reduce thosel supping- •precision balanced rotors •hand wound stators lion costs reallocate savings •patented heat sinks •external regulators � •over 14 volts at idle into other department concept of •24 diodes The traditional of separately staffing engine and truck companies is highly effective, but also very expen Don't buy an inferior product. VITAL alternators can handle the load with all of the equipment on. sive. I believe quints,through their ver- satility,offer a viable alternative. I a Fire departments today are much Romer, low battery voltage can cause starter fail more diverse in the number and kinds of ure, transmission failure, early failure of electrical components and LOSS OF LIVES. service delivery programs offered to our customers.With this changing role, we A high amp alternator is VlTAIf are often confronted with financial chal- lenges. Simply put, traditional fire sup- MPI • VITAL pression programs are so expensive that inadequate dollars are available for • other important programs and services 803 Gemini,Duncanville,TX 7513(8000)886-8224w (972)7 0-0072•FAX(972)780-0160 Quints are expensive apparatus, but 27 TEXAS FIRE CHIEFS Fall/Winter 1998 S Ir CONS , , Advanced Design, Performance and Quality... The concept reduces the number of .r E-O n e. companies on the street. This mostly 1 • effects the larger multiple alarm fires Emergency One combines which increases the need for mutual aid = advanced design with coverage. Generally speaking. our quality workmanship to largest fires are few and far between. create a totally integrated Rescue/Pumper that is Less companies could also increase the unmatched in the fire rescue " ' ` °-" a industry. The integrated number of move ups from.one district to vehicle philosophy of E-One another for coverage.Another consider- ensures outstanding design, anon is vehicle weight.Make sure your • performance and quality. apparatus committee is aware of added Emergency One b c weight of the additional equipment. a totally integrated s, — •. from the gr 1. ::. By . ' integrating earn _mponent ,,.--�,� __ THE MORE THINGS of the truck _ = creates a CHANGE, THE MORE single c __. system that hos as It rather than •' " f° , THEY STAY THE SAME 73 -cependent elements, • i ;g outstanding vehicleii• -{ ` Some of us who have four personnel -ormance that lasts. ' on all apparatus will read this and say 'fl' As a company that was i j that we get what we can justify.that it's • i built on innovation, E one o• y up to each department tomake the argu- custom. The unmatched i ' defined the meaning of f merit and sell it to the community. This advanced design capabilities '♦ is 3 i., i may be true for some cities but for the of E-One provide unlimited •options and optimal ° .. � f most part statements like that come compartmentation to meet - - from the wealthier cities. Most of these each Fire Department's unique operating requirements. ', ' departments are already running four ___ ," i personnel on their engines and trucks. E-One's integrated custom 9- Although most of us would like the . Rescue/Pumper provides I unlimited versatility and • �. staffing levels. it's not realistic depend- s levels and performance. fo ing on the funding le s political atmosphere. p The fact is that Quints may not be c �� '" :. "� ` rt; for everyone. Furthermore. we are the F West Texas and Pan*adl At North,Central Galt Coast and experts on our own cities and towns. south Tares Areas: i -i(ekec-- _ Each department will have to evaluate - ���� ' ' �r r what is right for them and what they can E—COIE- DACO Fire&Safety afford. The next time you're at an inci- °' Lubbock,Texas Emergency Vehicles of Texas sono ed ual&pa:co-poranon t T� North Richland Hilts.Texas dent and you wish you had another -0808 i-8884473868 engine but all you have is a truck. ask www.e-one.com Contact:Steve Davis Contact:Ed Beene EEnE53ENC,ONE No..00ALA-LOF CA U S; yourself"what are my options?" ❑ s" f HYDRAULIC DRIVEN A/C GENERATORS Your children are your future! it Surrey Fire Safety House ti T w„. . "All units handicap accessible" ., 6 Styles to Choose From w •_'o looto.}71i lStsnthr Lte 0.'o ht S/J�2!QiQT7l1/E�' �. rr toot Home.Style SMJr � f v. 1.800-283-8233 Prices Start at "The Best for Less" , $16,495 ;„ JACK MMONCADA PHONE 281-355-09 9 Walters Travel Trailers.P.O.Box 388,Napoleon,Ohio 43545 eFesaa.<Np'MafRerSu+ey.HTTAL SPRING. TEXAS FAX 281-355-0724 ? y' E TEXAS FIRE CHIEFS Fall/Winter 1998 r CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM February 14, 2006 Police Department Council Meeting Of: Originating Department: Prepared By: Jeff Butters Account Code No. #: Date Prepared: February 7, 2006 Budgeted Amount: NA Exhibits: Stop sign Ordinance AGENDA SUBJECT:Consider and act upon Ordinance No. 2006-09 establishing a four-way stop sign at the intersection of Park Blvd. and Blockton Way, (Directly in front of McMillan Jr. High School). RECOMMENDED ACTION:Approval SUMMARY: Currently there is a stop sign on Blockton Way at Park but there are not stop signs on Park. We began using temporary stop signs on Park at Blockton last school year to improve the flow of traffic and pedestrians during morning school drop off and afternoon pick-up. According to McMillan SRO, Officer Douglas, the temporary stop signs were a great help at that time. Councilman Young raised the question of a permanent four way stop at the intersection of Park and Blockton for safety purposes, to improve traffic flow, and in response to problems with the temporary signs. McMillan Principal John Peters, SRO Officer Douglas, and dayshift patrol officers all agreed that a permanent four way stop would be advantageous to that intersection. City Engineer Chris Holsted was consulted and did agree to the placement of permanent stop signs on Park Blvd. at Blockton Way. APPROVED BY: Initial Date Department Director: JB \ 2/7/06 City Manager: 401C \ ,/Jc7/0L 1 ORDINANCE NO. 2006-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING A FOUR-WAY STOP SIGN AT THE INTER-SECTION OF PARK BLVD.AND BLOCKTON WAY,WYLIE,COLLIN COUNTY,TEXAS;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 544.003 of the Texas Transportation Code provides that a local authority may designate, place and maintain a traffic-control device on a highway under the authority's jurisdiction in conformance with the Texas Transportation Commission's Manual on Uniform Traffic Control Devices; and WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to establish a four-way stop sign at the intersection of Park Blvd. and Blockton Way,Wylie,Collin County,Texas,which is under the jurisdiction of Wylie,in accordance with the Texas Transportation Commission's Manual on Uniform Traffic Control Devices as described below. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishing a Four-Way Stop Sign. Based upon an engineering and traffic investigation heretofore made, and the Texas Transportation Commission's Manual on Uniform Traffic Control Devices, a four-way stop sign is to be erected at the intersection of Park Blvd. and Blockton Way, Wylie, Collin County,Texas to control traffic at the intersection. SECTION 3: Placement of Signs. The City Manager,or his/her designated representative,is hereby authorized and directed to cause the placement of stop signs at the intersection of Park Blvd. and Blockton Way, Wylie, Collin County, Texas. The signs shall conform to the Texas Transportation Commission's Manual on Uniform Traffic Control Devices and be located as near as practicable to the nearest line of the crosswalk,or in the absence of a crosswalk,at the nearest line of each roadway. SECTION 4: Violation. It shall be unlawful to operate a vehicle on Park Blvd.or Blockton Way, Wylie, Collin County, Texas,without bringing the vehicle to a full and complete stop at the intersection of Blockton Way and Park Blvd.,Wylie,Collin County,Texas,before proceeding into the intersection. All vehicles shall remain stopped until the intersection is free and clear of all oncoming vehicles which might constitute a hazard to life or property under the condition then and Ordinance No.2006-09 4-Way Stop Sign—Park Blvd/Blockton Way Page 1 442491-1 there existing. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00)nor more than Five Hundred Dollars($500.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on thisl4th day February, 2006. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary Date of publication in The Wylie News—February 22,2006 Ordinance No.2006-09 4-Way Stop Sign—Park Blvd/Blockton Way Page 2 442491-1 CITY OF WYLIE StafU only CITY COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No.#: Date Prepared: January 25, 2006 Budgeted Amount: Exhibits: N/A AGENDA SUBJECT: Consider and act upon naming the 4th of July Concert and Fireworks show scheduled for Friday, June 30, 2006. RECOMMENDED ACTION: N/A SUMMARY: Mark Witter, Public Information Officer, and Robert Diaz, Assistant Park and Recreation Superintendent, coordinated a naming contest in order to involve the public in selecting a name for the 4th of July fireworks event. This event was held for the first time in the summer of 2005. Although it was a part of the "Live in Wylie" summer concert series, the fireworks event was not formally named. The original 2005 event was a success, and funds have been approved for FY 2005-06 for another event which is now scheduled for Friday, June 30, 2006. Scheduling the event on Friday, June 30, 2006 not only allowed the City to benefit from a lower contractual cost, but it allows Saturday, July 1, 2006 to be "back-up" day in case of rain. Scheduling the event at any other time nearer to July 4, 2006 would have cost more and not included a "back-up" day for inclement weather. The contest began in October 2005 with the publication of announcements in the ewylie electronic newsletter and on the main page of the city website. Entries were sent to Robert Diaz through December 16, 2005. Staff reviewed approximately 40 submittals from residents, and four entries were selected and presented to the Park Board at the Board's December 19, 2005 meeting. The names that the Board reviewed were the top four, best- sounding, and most relative names as determined by staff. The four names are: WylieWorks 2006; Wylie's Family, Fun and Fireworks; Wylie's Sparkling Spectacular; and Red, Hot and Blue Wylie Celebration. At the December 19, 2005 Parks and Recreation Board meeting, the Board chose the following two names from the proposed list: First choice -Wylie's Family, Fun and Fireworks; Second Choice-Wylie's Sparkling Spectacular. From the Board's recommendations, the City Council is now asked to make their choice for the event name. APPROVED BY: Initial Date Department Director: MS \ 1/25/06 y)61,4 \ 4)/i%L 1 CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: February 14, 2006 Originating Department: City Manager Prepared By: Mark Witter Account Code No. #: Date Prepared: February 9, 2006 Budgeted Amount: See Summary Exhibits: FC Texas Meeting Report AGENDA SUBJECT: Consider and act upon approval of Wylie as a venue for Panda Cup USA 2006, pending Wylie ISD approval. RECOMMENDED ACTION: Approve Wylie as a venue. SUMMARY: On February 7, 2006, City staff met with representatives of FC Texas and Panda Cup USA 2006 to discuss the possibility of Wylie hosting the final games and closing ceremonies at Pirate Stadium for Panda Cup USA 2006—International Soccer Tournament. FC Texas shared that Wylie was contacted with this opportunity due to us being an area with high growth, as a location with long-term potential and current soccer relationships in this region. Panda Cup USA 2006 features mainly U-18 (under the age of 18) girl's teams. This is the inaugural year for this event with games scheduled from March 30-April 12 in venues across Texas and Oklahoma. This event developed after two FC Texas teams visited Beijing, China in June 2005. The event is sanctioned by US Club Soccer and supported by various soccer and DFW organizations. The games in Wylie are scheduled for April 12, 2006. There would be three games featuring: North Texas Olympic Development Team 89/90's vs. Southwest United Soccer Club 90 (Canada); Sting Soccer Club 88 vs. China National Team "B" Team; and North Texas Olympic Development Team 88/89's vs. China National Selection "A" Team. At the Wylie venue,there would be approximately 150-200 athletes, coaches and dignitaries. Organizers recommend that for this event to be successful; it should become a"community" effort. During the meeting, City staff in attendance agreed that if we accept, this should become a partnership between the City, Wylie ISD, Wylie Chamber of Commerce and Wylie Youth Soccer Association. APPROVED BY: Initial Date Department Director: City Manager: iV:5 \ �/411b 1 AGENDA SUBJECT: Consider and act upon approval of Wylie as a venue for Panda Cup USA 2006, pending Wylie ISD approval. SUMMARY: (Continued) The Wylie Community would be responsible for the majority of logistics relating to the Wylie event. For the games,this would include facilities,tickets,parking, security, concessions,preparation facilities,volunteers, and more. Since these are the final games,we have been asked to organize a"closing ceremony." If we accept this opportunity, event organizers shared that they will work very closely with us on event logistics, marketing and closing ceremonies. At this time,there is not a defined line item in the 2005-06 Budget for this event. There is the possibility that the City will accrue expenses relating to this event. There is also the opportunity for the City to generate revenue from this event,which will help offset the expenses. If approved, City staff will present budget amendments relating to this event prior to the event date. Organizers have asked for an official decision by Friday, February 17,2006. 2 FC Texas Meeting Report February 7, 2006 Purpose: To discuss the possibility of Wylie hosting the final games and closing ceremonies for Panda Cup USA 2006— International Soccer Tournament. Attendance: Alex Schindler, FC Texas Coach &Global Sports Group President(main organizer) Kim Puckett, Panda Cup USA Darrin Hedges, FC Texas Coach Eddie Rodgers, Wylie Youth Soccer Association Bill Nelson, City of Wylie Parks Superintendent Rob Diaz, City of Wylie Parks Assistant Superintendent Mark Witter, City of Wylie Public Information Officer FC Texas: FC Texas (FC stands for Football Club)was formed through an affiliate partnership of FC Dallas, Major League Soccer(MLS)team, and Dallas Inter, second largest soccer club in the North Texas State Soccer Association (NTSSA), in July 2005. Currently, there are approximately 90 FC Texas affiliated boys and girls teams. Overview: Panda Cup USA 2006 is an international soccer tournament which features mainly U-18 (under the age of 18) girl's teams. This is the inaugural year for this event with games scheduled from March 30-April 12 in venues across Texas and Oklahoma. Teams will include Chinese National Teams as well as University/College Teams, Canadian and US Club Teams, North and South Texas Olympic Development Teams, Mississippi SC and the Nike IMG Florida Academy Team. FC Texas and Panda Cup USA organizers hope that this will become one of the preeminent girls' soccer events in the US. In upcoming years, they plan to increase the number of teams and invite teams from other soccer-rich nations. This event developed after two FC Texas teams visited Beijing, China in June 2005. Supporters: This event is sanctioned by the US Club Soccer and supported by the Chinese Futbol League, US Soccer Federation, US Youth Soccer Association, and Canadian Soccer Federation. Also, the following organizations have given their support for Panda Cup 2006: Dallas Protocol, World Affairs Council of Greater Dallas, Greater Dallas Asian American Chamber of Commerce, Dallas Convention &Visitors Bureau, Association of Chinese Professionals in DFW, and DFW International Community Alliance. On April 5, there will be a Kick-Off Gathering at Pizza Hut Park's Verizon Center for many of the entities involved with this event. Proposed Wylie Event: April 12, 2006 5:00 pm North Texas Olympic Development Team 89/90's vs. Southwest United Soccer Club 90 (Canada) 6:30 pm Sting Soccer Club 88 vs. China National Team "B"Team 8:00 pm North Texas Olympic Development Team 88/89's vs. China National Selection "A"Team At the Wylie venue, there would be approximately 150-200 athletes, coaches and dignitaries. Why Wylie: Mr. Schindler shared that Wylie was contacted with this opportunity due to us being an area with high growth, as a location with long-term potential and current relationships in this region. In addition, he shared that he was contacted by a couple of organizations about hosting games; but he did not feel they were ideal for the long-term. Role: The Wylie Community would be responsible for the majority of logistics relating to the Wylie event. For the games, this would include facilities, tickets, parking, security, concessions, preparation facilities, volunteers, and more. Since these are the final games, we have been asked to organize a"closing ceremony." We were informed by organizers that we can make this ceremony into what we would like; and they understand the timing and weekday constraints. Attendance: During our meeting, it was discussed that a minimum projected attendance would be 500-1,000. Due to the large soccer community in this area of the Metroplex, it was thought that this number could be larger. Assistance: If we accept this opportunity, event organizers shared that they will work very closely with us on event logistics, marketing and closing ceremonies. Partnerships: Organizers recommend that for this event to be successful; it should become a "community" effort. During the meeting, City staff in attendance agreed that if we accept, this should become a partnership between the City, Wylie ISD, Wylie Chamber of Commerce and Wylie Youth Soccer Association. Wylie ISD—The School District would be a key to this event due to the fact that it involves Pirate Stadium and potentially other WHS athletic facilities. In addition, this event takes place on a school day, which could provide some challenges. Wylie Chamber—The Chamber could assist with local business involvement and marketing of this event. Wylie YSA—WYSA has shared that they would be willing to assist in whatever manner was needed including volunteers. Currently, there are approximately 1,000 children participating in WYSA. Expenses: Wylie would be responsible for expenses relating to this event. These would include facilities, staffing and closing ceremony. As an example, the Southeastern Oklahoma State University (Durant, OK) event has established a $5,000 budget for their event. Their event also includes three (3) games. Revenues: The Wylie Community would also be able to keep revenue generated from this event. This includes tickets sales and concessions. In addition, we could seek sponsorships to offset cost for the closing ceremony. As an'example, SE Oklahoma is charging $6 a ticket with free admission for children under 6. In some of the other venues, a portion of the ticket sales is being used as a fundraiser for a local soccer organization. For example, $2 or$3 a ticket could be donated to WYSA. Benefits: City staff envision two distinct benefits from this event. 1) Future involvement—Wylie would have experience as an established site and a developed relationship for future Panda Cups. In addition, with the planned expansion of Founders Park, Wylie would have a great soccer-friendly venue. 2) Exposure—With this event, the traveling delegations will include sports, education, political and business dignitaries. This will present an opportunity for the Wylie community to create new national and international relationships. In addition, this event is expected to create local, state, national and international media coverage. Challenges: City staff identified two potential challenges with this event. 1) Timing—To be held on April 12, this event presents less than 60 days of planning and organizing. 2) School Day—With this event taking place on a Wednesday and at Wylie High School, the school day could present some challenging logistics issues. Deadline: Organizers have asked for an official decision by Friday, February 17, 2006. Recommend: City staff believe that this event would present a quality opportunity and can be accomplished as a community. Because Wylie ISD's partnership is so crucial to this event, we recommend that a meeting be set up with Wylie ISD Administration to gauge potential interest level before we agree to host. In addition, we recommend an official endorsement from the Mayor and/or Council. Alternative: FC Texas is also looking to organize a smaller boys' soccer event in May; and shared that they would be interested in Wylie as a host. Our participation in this event would not require us to participate in Panda Cup 2006. CITY OF WYLIE Item No. to City Secretary's Use Only CITY COUNCIL AGENDA ITEM Board Meeting Of: February 14, 2006 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: January 26, 2006 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon acceptance of the resignation of Ronnie Rogers and the appointment of a new member to the Parks and Recreation Board for the unexpired term of February 2006 to July 2007. RECOMMENDED ACTION: SUMMARY: Ronnie Rogers has resigned his position on the Parks and Recreation Board effective Monday, January 23, 2006. Mr. Rogers has served on the Board since July 26, 2004; his term was renewed in the summer of 2005 to expire in June of 2007. He notified staff that his reasons for resigning were that he felt he would not be an effective Board Member due to having to spend more time with his family. The citizen that replaces Mr. Rogers will fill the remaining portion of his term that is set to end in June 2007. APPROVED BY: Initial Date Department Director: MS \ 1/26/06 City Manager: //4? \ ..94t.66 1 From: ronnie.Rogers Sent: Wednesday, January 25, 2006 11:36 AM To: rdiaz@ci.wylie.tx.us Subject: RE: resignation request I have just now got into the office or I would have done this sooner.I hate that I have to resign my position but things have changed to where I would not be able to have spare time.I want to thank all of you for the chance to work on a team as dedicated as this one.I wish all of you the best of luck in the upcoming future. Park Board Attendance July 2004-June 2006 Date E.Garner D. Chesnut R. Rogers A. Hiney D.Willey F. Delgado B. LaFleur Dates July NP P P P P P July 26,2004 Aug. P P P P P NP P August 23,2004 Sept. P P P P NP P P September 27,2004 Oct. P P P P P P NP October 25,2004 Nov. NP P P P NP P P November 29,2004 Dec. P NP P P P P P December 13,2004 Jan. P P P P P NP NP January 24,2005 Feb. P P NP P NP P NP February 28,2005 March P P P P P P P March 28,2005 April NP P P NP P P P April 25,2005 May P P NP P P NP NP May 20,2005 June NP P P P P OUT P June 27,2005 Date E. Garner D.Chesnut R. Rogers A. Hiney D.Willey B.Jones B. LaFleur Dates July P P P NP P NP P July 25,2005 Aug. NP P NP P P P P August 22,2005 Sept.SM NP P P P P P P September 12,2005 Sept.* September 26,2005 Oct. P P NP P P NP P October 24,2005 Nov. NP P NP P P P P November 28,2005 Dec. P P NP P P NP P December 19,2005 Jan.** P P NP P NP P P January 23,2006 Feb. March April May June *September 26,2005 meeting was cnacelled due to lack of a quorum. **Ronnie Rogers resigned his position on January 23,2006. Updated January 26,2006 CITY OF WYLIE PARKS AND RECREATION BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 78-18. This body shall be known as the Parks and Recreation Board. ARTICLE II Meetings Section 1. The regular meeting of the Parks and Recreation Board shall be held monthly at the Municipal Complex council conference room unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Parks and Recreation Advisory Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Item#7-Attachment-Park and Recreation Board Bylaws Sept 28 2004 final1 February 3, 2006 Page 1 of 4 Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson and a Secretary (City Staff member will be serving as Secretary). Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Parks and Recreation Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings (ii) Represent the Parks and Recreation Board at public functions. (iii) Appoint special committees. (iv) Assist Parks and Recreation staff in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. Item#7-Attachment- Park and Recreation Board Bylaws Sept 28 2004 finall February 3,2006 Page 2 of 4 (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The City Secretary's office will be responsible for recording and maintaining the minutes. This "Secretary position" will be occupied by a City Staff member and not be an official Board position. (ii) The Staff Liaison will be responsible for producing the agenda and distributing the agenda and minutes to the Parks and Recreation Board and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Parks and Recreation Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b) Abide by applicable ordinances of the City of Wylie. Item#7-Attachment- Park and Recreation Board Bylaws Sept 28 2004 finall February 3, 2006 Page 3 of 4 (c) Act in an advisory capacity to the City Council, City Manager and Parks and Recreation Staff. (d) Recommend policies to govern the operation and program of the Parks and Recreation Department. (e) Assist in planning and give guidance for expansion of parks and recreation facilities. (f) Assist in interpreting the policies and functions of the Parks and Recreation Department to the public. Encourage in every possible way the development and advancement of the Parks and Recreation Department. ARTICLE VI Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Item#7-Attachment- Park and Recreation Board Bylaws Sept 28 2004 finall February 3, 2006 Page 4 of 4 1bird 8 Commission Application Spring 2004 Please return your completed application to the City Seaeta 's Ig way 1 0 v G7w15 •`J��l ( Jea seName. e � � � 2004 Please indicate your first, second and third preference b ow. i Construction Code Board ✓Planning&Zoning Board ,/ Library Board ✓Wylie Economic Development Corporation Board Parks&Recreation Board v Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? ❑Yes jiirNo 3b I CJ. l,C v( y 6 t kip& Business Name: Telephone: 3I7.-3%'D-pt SS Fax: 1 Occupation: E-mail:J 9 Vic-{ &i p c/ v-ec.�•f J e L.. Business Address: I have been a Wylie Resident for / years (pasi)215. Telephone: Fax: Registered voter? lees ❑No /9114-170i Have you ever or do you currently serve on any city boards? /.,, 'IYes ❑ No If so, what board/city and dates? Ap'�i`�9 eaan C17.0c l e� 27) Are you involved in ny community activities? (Civic or Hobbies) i/Yes ❑ No Or/;t_ Gkev ev' Ot opMwievice,lJY/ie Ma,IK5L COW,l„„Ono: IrPe& et Please indicate briefly why you would like to be appointed to a Board or Commission:r c.inyv- t�v do ail- . Cay. � w.« k.L Uy lie 44 Des L PI Qce_ J L1yQ . MSc. I.va 40 51 ue. (pdc d•o vvsly •C0r i.tAnak 451(1a( AI w.e tt.)642,v. 1 ive.d keve- grow* l904--g' I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applie w uld consid an alternate appointment to a second or third service preference. ///-ate nature Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board Via: ❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. • Gayle Walton From: Jordan Rubright[therube2@verizon.net] Sent: Wednesday, March 23, 2005 4:58 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Jordan Rubright DATE OF APPLICATION - 3-22-05 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME ADDRESS - 2710 Kernville Drive, Wylie, TX 75098 HOME PHONE - 972-941-6858 HOME_FAX - HOME_EMAIL - therube2@verizon.net RESIDENT YEARS - 2 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - Telecommunications BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - I have been living in Wylie for the last two years, and plan on watching my family grow up here. I also volunteer as a football coach for the Wylie football league. Being a part of the community of Wylie is very important to me, and I want to be a part of the team that will bring positive change to Wylie, while keeping the home town feel to our community. Submit - Submit End of form information [This E-mail scanned for viruses by Declude Virus] 1 Gayle Walton / From: cehrlich [cehrlich@ci.wylie.tx.us] Sent: Monday, January 10, 2005 4:28 PM To: 'Gayle Walton' Subject: FW: Boards and Commissions Volunteer Gayle, Here is another B & C app for this coming year for your file. Carole Ehrlich,TRMC,CMC City Secretary City of Wylie Fax (972) 442-8106 Office (972) 442-8103 cehrlich@ci.wylie.tx.us Original Message From: Angelika Osbon [mailto:Website] Sent: Monday, January 10, 2005 4 :22 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Angelika Osbon Date_of_application - January 10, 2005 first_board - Planning and Zoning Commission second_board - Parks and Recreation Board third board - Zoning Board of Adjustment subcommittees - Yes home address - 3505 Nandina Dr. home_phone - 214-474-0207 home_fax - HomeEmail - imhere1962@hotmail.com resident years - 3 how contact - Home Email reg_voter_ - Yes bus_owner - No bus name - occupation - Mechanical Designer bus_addy - 2101 Couch Drive, McKinney, TX bus_phone - 972-547-1201 x2401 bus_fax - bus_email - angelika.osbon@kone.com why - I'm interested in my community and would like to make it better for everyone to live and prosper in Wylie. Submit - Submit End of form information 1 Gayle Walton From: Carole Ehrlich [cehrlich@ci.wylie.tx.us] Sent: Monday, January 17, 2005 9:43 AM To: gwalton@ci.wylie.tx.us Subject: FW: Boards and Commissions Volunteer Gayle, Another app. For 2005 ce Original Message From: Craig Ferguson [mailto:Website] Sent: Sunday, January 16, 2005 2:54 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Craig Ferguson Date_of_application - 1/17/05 first_board - Parks and Recreation Board second board - Animal Shelter Advisory Board third board - Library Board subcommittees - Yes home address - 2708 Deerborn home_phone - 972-429-1358 home_fax - HomeEmail - craigferguson@joimail.net resident_years - 2 how_contact - Home Phone reg_voter - Yes bus owner - No bus_name - occupation - bus_addy - bus phone - bus_fax - bus_email - why - Submit - Submit End of form information 1 Board CommissionAppIicaon� 200S Please return your completed application to the(Hy Secretary's Office at 200o Highway 78 North,Wylie,Texas isog8. Name: /C)< C LA)L,1,3 Please indicate your first, second and third preference below. Construction Code Board ____Planning&Zoning Board Library Board Wylie Economic Development Corporation Board / Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed. Personal Information / Occupational Information Home Address: J J / >, L)Oktitre, Business Owner? ❑ Yes Cho Telephone:9 a PA,3/5(4 Fax: Business Name: O6)CC)OJ, Nk i / iC ,,c(y� E-mail: �...)[,�L,15.� �� r 6 C��0.(..�C 1`� --Gy Occupation:44- ,�. � , �p I have been a Wylie Resident for � years Business Address: -Q�b 0_14 Registered voter? . P'1'es ❑No Telephone: Fax: Have you ever or do you currently serve on any city boards? ❑ Yes tNo If so, what board/city and dates? Arie you involved in a y comm nity activ ie ?(Civic or Hobbies) i- es 0 No Please indicate briefly why you would like to be appointed to a Board or Commission 6 b C? i . � I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. 5105 /(0101( f71,5 Signature Date pl1R1 ` iGE' SY Date Application Received : New Applicant?ClYes ON*Tf nid,alaFl#+esnt pre iausly served asx Roark Via l website Claud OW person Oreferral' Inewspaper Attended Applicant's.Reception?Mies C I (dates), Appiieant intetviOci;Scheduled, Appoiutt t made ta Tam Expires: L]Statement&-Oath Completed C INo aPPebilment meae'etibis:ti ,rMain al ►lication for one Year, Gayle Walton From: Kelli Bolton [kmb71268@yahoo.com] Sent: Thursday, June 02, 2005 3:54 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Kelli Bolton DATE OF_APPLICATION - 06/02/2005 FIRST_CHOICE - Library Board SECOND_CHOICE - Planning and Zoning Commission THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME ADDRESS - 2909 jamestown dr HOME_PHONE - 972-461-2936 HOME_FAX - 972-387-2822 HOME_EMAIL-- kmb71268@yahoo.com RESIDENT_YEARS - 2 CONTACT METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - associate financial representative BUSINESS_ADDRESS - 12221 Merit Suite 1500, dallas, TX BUSINESS_PHONE - 972-663-7320 BUSINESS_FAX - BUSINESS EMAIL - WHY INTERESTED - I could not serve last year due to scheduling but do not have that problem this year and would like to serve my community and the city that we are loving calling "home" and keeping it the type of community that we and others would want to continue to call home and that quality businesses will want to be established in. Submit - Submit End of form information 1 } ird & Commission Application Spring 224 Please return your completed application to the City Secretary's Office at moo Highway 78 North,Wylie,Texas 7998. Name: Mq-ITK41.0 Go1ADEERZN4,i . Please indicate your first, second and third preference below. Construction Code Board ' Planning&Zoning Board 3 Library Board Wylie Economic Development Corporation Board oZ Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board 16 Yes,I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? ❑Yes >No 411 A3Hus.mb Business Name: Telephone: Cq) 4a .(,t6 Fax: Occupation: E-mail:nn),44ht .•30ndkr in5ev-@ VexvZsr .' Business Address: I have been a Wylie Resident for c2 years Telephone: Fax: Registered voter? )(Yes ❑No Have you ever or do you currently serve on any city boards? ❑ Yes,(No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes X.No Please indicate briefly LLwhy you would like to be appointed to a Board or Commission: p1 ` ��iC'JG 1►n 0— Qt°pv.b4s ply e� a.c..4tsn Lyt;t. , tnvotvir� G.L�� TGLLt� e1� c 4y re.pr+ebrAo► ion, — era. � n nb -fe�ao ces61.,ig prskta, ' 1isautS_�-�ps�. I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. 5 •lCo 5 Signatur Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board Via: ❑website Omail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. Gayle Walton From: Jeff Brickert[jeffbrickert@yahoo.com] Sent: Thursday, May 12, 2005 2:26 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Jeff Brickert DATE_OF_APPLICATION - 05/12/05 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE -No HOME ADDRESS - 310 Harvest Bend HOME PHONE - 972-429-9290 HOME FAX-HOME EMAIL-jeffbrickert@yahoo.com RESIDENT YEARS -4 CONTACT METHOD - Home Phone REGISTERED_VOTER-No BUSINESS OWNER-No BUSINESS NAME - OCCUPATION - Project Manager BUSINESS_ADDRESS - 9400 North—Central Expressway BUSINESS_PHONE- 214-526-2377 BUSINESS FAX-214-526-0521 BUSINESS_EMAIL-jbrickert@benefitl.com WHY_INTERES FED - I want my children to grow up in a town with big city amenities while keeping the small town feel. I do not want Wylie to look like Sachse. Submit- Submit End of form information i Gayle Walton From: Lyman Ames [scottlyri@aol.com] Sent: Thursday, May 12, 2005 11:39 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Lymari Ames DATE OF APPLICATION - 5-12-05 FIRST CHOICE - Parks and Recreation Board SECOND_CHOICE - Wyle Economic Develoment Corp. Board—THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 1900 Three Fountains Drive HOME PHONE - 972-442-0858 HOME FAX - HOME_EMAIL --scottlyri@aol.com RESIDENT_YEARS - 7 CONTACT_METHOD - Home Phone REGISTERED VOTER-- Yes BUSINESS OWNER - No BUSINESS—NAME - OCCUPATION - BUSINESS ADDRESS - BUSINESS PHONE - BUSINESS _ FAX - BUSINESS_EMAIL - WHY INTERESTED - Wylie is a great place—to live and raise a family. The backbone of Wylie Parks is our neighborhood parks, which help provide the "sense of place" for all. It is where families connect in very profound way with our friends, neighbors, family, environment, and ourselves to celebrate, learn, communicate, contemplate, play or console - it is our shared space and our public home. Achieving great parks and quality services is a challenge that we must strive to meet if this city we all love is to continue as a quality place to live. The benefits of parks and recreation are endless, Serving on the park or working as a member of a park planning committee for a new development would be an honor. The city of Wylie's master plan ensures all residents and businesses have access to the most advanced technology while maintaining the small town atmosphere. The challenges to balance the "small town atmosphere" with the booming communities around us, is somthing I strive for. Submit - Submit End of form information 1 Gayle Walton From: Dave Tillery[dave.tillery@gmail.com] Sent: Monday, May 09, 2005 4:15 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Dave Tillery DATE_OF_APPLICATION - 05/09/05 FIRST_CHOICE - Parks and Recreation Board SECOND_CHOICE - Zoning Board of Adjustment THIRD_CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME_ADDRESS - 204 Towngate Dr. HOME PHONE - 972.429.0027 HOME FAX -na HOME EMAIL -dave.tillery@gmail.com RESIDENT_YEARS - 1 CONTACT METHOD -Home Email REGISTERED_VOTER- Yes BUSINESS OWNER-No BUSINESS_NAME - OCCUPATION -Application Developer/ Systems Analyst BUSINESS_ADDRESS - BUSINESS PHONE - 214.239.3100 x8845 BUSINESS_FAX - BUSINESS_EMAIL - WHY INTERESTED - I would like to be appointed to a board or commission so that I may do my part in actively serving the community in which I live. I want to help make a difference in any way that I can be involved. I would like to learn more about the process flow and inner workings of the city government so that I may become more knowledgable about all levels involved and enable me to become actively involved in more complicated matters in the future if I desire or am called upon to do so. I plan to call Wylie my home for at least the next 20 years,and by being actively involved I feel I can make a difference and help contribute to this beautiful city for many years. I want to do what I can to continue to make Wylie a place I am proud to call home,and a place my children can be proud to call home. I envision this as being just the beginning of my contribution to the City of Wylie. Thanks. Submit- Submit End of form information 1 ,��� ✓'r��� � � 1 K Aimee Nemer ,fa, 4 id- From: Lucas Morrow[Website] /,,v /�, 1M,c�it , j Sent: Monday, April 05, 2004 4:39 PM I To: City of Wylie P I` Subject: Boards and Commissions Volunteer / Form Information Follows: name - Lucas Morrow Date_of_application - 04/05/2004 first_board - Parks and Recreation Board second_board - Wyle Economic Develoment Corp. Board third_board - Planning and Zoninrq Commission subcommittees - Yes home_address 407 Rutherford Ave. home_phone - 972-442-6291 home_fax - HomeEmail - lucasmorrow@hotmail.com resident_years - 2 how_contact - Business Phone reg_voter - Yes bus_owner - No bus_name - occupation - Corporate Sales - Network Associates bus_addy - 5000 Headquarters Drive., Plano, TX 75024 bus_phone - 972-987-2122 bus_fax - 972-987-2868 bus_email - lucas_morrow@nai.com why - I have lived in Wylie with my wife, Stephanie, for 2 years, and am looking to take an active role in my community by offering my time and skills. I'd bring a fresh perspective, a corporate background, and solid business sense to the table. I would look to help improve existing policy and campaigns, or sustaining those that'are successful, in addition to offering new, sensible ideas for bettering our community. In addition, my property sits adjacent to one of the city's newest parks - Cimarron Park. In the past, I have been actively engaged with Robert Diaz, Assistant Superintendent, regarding the Parks and Open Space Master Plan. I would like to help ensure that Wylie's Parks and Recreation system continues to be second to none and attract new residents and business to our fine community. However, I would be more than happy to contribute my time to any Board the Council sees me fit to reside. Submit - Submit End of form information 35 board 8 Commission App lication Spring 2004 Please return your completed application to the City Secretary's Office at moo Highway 78 North,Wylie,Texas isog8. Name: Grey?' i.A7• rr — Please indicate your first, second and third preference below. Construction Code Board I Planning&Zoning Board Library Board Wylie Economic Development Corpor !ion Board Z. Parks&Recreation Board 3 Zoning Board of Adjustments Animal Shelter Advisory Board Yes, I would be interested in serving on subcommittees that may be formod. Personal Information Occupational Information �' Home Address: zel rj 1��, Business Owner? ❑ Yes ✓Nc. Telephone: 97Z-'i/ZG-S(6p.S Fax: Business Name: Al ker i Mod rt'. E-mail: yperef L.4jaitier�Lii►10Ord. Cory Occupation: CiVr.I 6, r/'ten__�_ I have been a Wylie Resident for 6 + years Business Address: l845 t;.�,�oew/f r{D Fra.ty. Registered voter? VYes No Telephone:Z)ti,tQ-4ZaC,+Fax:2JV•790•4:3_4c SG�*tic. D4IOs 'Ix Have you ever or do you currently serve on any city boards? ❑ Yes ❑ iNo ?S2O) If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes 157No Please indicate briefly why you would like to be appointed to a Board or Commission: I„ .d.va .0...{)i.N50ftC! et)r inQ -ILL Ci+y 4 kA y1;c. (31A,r'gr.3 -1.44iS 4.;Irv% t? ; �1&tale ca-Ire°4' dt O11A+41Ya'i vy ,.o,y i•i ••It 9 i 41.s '( +4Ienfs tn-} <51. 444•, • V la....:%. pracess or -+3-i Ci4fC5 ' lute„ I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would'consider an alternate appointment to a second or third service preference. #> 6/1,0rr 7,co_s • Signs -, Date FOR OFFICE USE ONLY Date Application Received New Applicant'?❑Yes ONo If no,applicant previously serves on Board Via:❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retail'application for one year. • I , rd Commission pplication ��.� +', ', ,, i Spring 2004 Please return your completed application to the City Secretary's Office ati000 Highway 78 North,Wylie,Texas 7Sog8. Name: Mpi'rTKaL Gc,oDERZNCof Please indicate your first, second and third preference below. Construction Code Board ' Planning&Zoning Board 3 Library Board Wylie Economic Development Corporation Board a Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes, I would be interested in serving on subcommittees that may be formed Personal Information Occupational Information Home Address: Business Owner? ❑Yes XNo 411 A5Hus b OR• Business Name: Telephone: (q) . . '401te Fax: Occupation: E-mail:rn +4hQ.t . t ncikr`ir erQ V&,z•r. •n44 Business Address: I have been a Wylie Resident for GP years Telephone: Fax: Registered voter? )(Yes ❑No Have you ever or do you currently serve on any city boards?' ❑ Ye(No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes %No Please indicate briefly why you would like to be appointed to a Board or Commission: �+ r balit e ��r, o— 6ola„e�+ acbw�l. ,Tay, �� ac�ker. -�er- l�1„1�� , inyolvir4 c.11 coLt:I A CAy re...pr+eSt ion/ c,aik4,es , e_Ys. -1 -iaorc resAlv.,ng preihl - 1►sa.�e��-�ec�2, I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. 5 •1(o .05 Signatur Date FOR OFFICE USE ONLY Date-Application Received New Applicant?DYes DNo If no,applicant previously served on Board Via: Owebsite Omail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes ONo • (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ONo appointment made at this time,retain application for one year. Board 8 Commission Application Spring 2004 Please return your completed application to the(ity Secretary's Office at moo llighvray 78 Morth,Wylie,Texas TSog8. Name: Ci-/Crj Please� indicate your first, second and third preference below. v- Construction Code Board Planning&Zoning Board Library Board / Wylie Economic Development Corporation Board c2 Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board lYes,I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? C 'Yes ❑No l J?9- ? / okle 2� Business Name: /1S' C%,2L!Ce/i✓qj //�� Occupation:Name:. 7 (5/1NO 6g,W&i.-¶,35m1+L7) Telephone: `7T.� '-35�''�9JT'$ Fax: p f E-mail: t 't' t i't9 a- 0400.Coi Business Address: I have been a Wylie Resident for ,. years Telephone:97o'Z-35Z- 56 Fax: Registered voter? - Yes ❑No Have you ever or do you currently serve on any city boards? ❑ Yes �No If so, what board/city and dates? // Are you involved in any community activities? (Civic or Hobbies) 'Yes ❑ No It , soty/C AItf /N4 4M6- v'RsI7' AND Clkikca Orrr-awbt Please indicate briefly why you would like to be appointed to a Board or Commission: Iac4OtU 1-(/6 To l'iue 8ficeT My coMmlNiry A-Av1 (4-6Z ? f4tE" v-)yLl/ 4 PL,9-c6 TAr 17 LE lJe 2 oR fRe2 torixi_D -r6 Rcis6 A-rJp 5Thg-T 3tes,iue ss . i km90 130241 / ADD JJ&c) Aifiemid /7 My Rome, I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider awn alternate appointment to a second or third service preference. te �/. t-; la-3-03^ Signature Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes ONo If no,applicant previously served on Board Via:❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. Gayle Walton From: KANAYO ONYECHI [ezugo@yahoo.com] Sent: Tuesday, December 20, 2005 9:28 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - KANAYO ONYECHI DATE_OF APPLICATION - 12/20/2005 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Library Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 704 PICKWICK LANE HOME_PHONE - 972-941-6480, HOME FAX - 214-221-0749 HOME EMAIL - ezugo@yahoo.com RESIDENT YEARS - 3 CONTACT METHOD - Business Phone REGISTERED_VOTER - Yes BUSINESS OWNER - Yes BUSINESS NAME - DIVINE HOME HEALTH AGENCY, LLC OCCUPATION - COMMUNITY LIASION BUSINESS_ADDRESS - 11311 AUDELIA RD STE 110, DALLAS TX 75243 BUSINESS_PHONE - 214-221-0790 BUSINESS_FAX - 214-221-0749 BUSINESS_EMAIL - EZUGO@YAHOO.COM WHY_INTERESTED - My burning desire to serve my community in any capacity. Submit - Submit End of form information 1 • Boar Commission Applicatioc � A \. Spring zoo4 • Please return your completed application Witt City Secreto%Watn000 Highway 18 North,Wylie,Texas Tsog8. Yr- Name: Ro b p r T' L' W `ni Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board /Library Board Wylie Economic Development Corporation Board ,/ Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information - Home Address: Business Owner? ❑Yes [ to n I+3 'F') (vv a v, P j, I,U�,I?e, 7 Business Name: Telephone: 9 7 2-y LI Z o Tr,-/ 9 Fax: Occupation: E-mail: I ,r o b e r Ze.t •h r Business Address: I have been a Wylie Resident for )O years Telephone: Fax: Registered voter? [irYes Cl No Have you ever or do you currently serve on any city boards? ❑ Yes-B'No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) n G es ❑ No WY/'c 8ese ii Assoc ta a�bDa-c Inc* - vv.,/ he-r /e 6.Ael-43 I/ 'lsSt9Guv, o» C.�q� Cos 1-o{k pi Sb L /came evrenibe Please indicate briefly why you would like to be appointed to a Board or Commission: ./r ci parrvl/-f- .4-0‘Yp.��p,,..f cvi4' �wv� bee r) /n v�Ivee1 lal (.Vy/i 1/0C�.j-h 5 ,04S 0 r-54 n /2 4:0 oh 5 4 r over ve yic a r> to vt el wo u/r/ /i k e h 4 vc a wiz,., Woc VPfe a (Ay/W.- ,5?en-J ,L2 - gM/fl>h5 rn vv/v,«1 pc) bjs wr iJrs a(�vr4iD Cr,an 5r / o v1 upk``eP OI Maw Garw,/ofGt uf' N'Y1tC 12-cc 1-tor,4 / p pei -1e5 I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. ` _ /- iz -zao Signature Date FOR OFFICE USE ONLY Date Application Received New Applicant?DYes ONo If no,applicant previously served on Board Via: Dwebsite Dmail Din person❑referral Onewspaper Attended Applicant's Reception?DYes DNo (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ONo appointment made at this time,retain application for one year. Ieyllalton From: Kevin Finnell [rfinnell@foresters.biz] Sent: Thursday, January 26, 2006 9:19 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Kevin Finnell DATE_OF APPLICATION - January-26-2006 FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Planning and Zoning Commission THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME_ADDRESS - 506 west oak HOME_PHONE - 214-914-6770 HOME_FAX - 817-267-9622 HOME_EMAIL - rfinnell@foresters.biz RESIDENT YEARS - 9 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - Foresters OCCUPATION - Financial Advisor BUSINESS_ADDRESS - 506 west oak, Wylie BUSINESS_PHONE - 214-914-6770 BUSINESS FAX - 817-267-9622 BUSINESS EMAIL - rfinnell@foresters.biz WHY_INTERESTED - I want to give back to the city and help to bring businesses to Wylie to help Wylie grow. Submit - Submit End of form information 1