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09-23-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda September 23, 2008 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. September 23,2008 Wylie City Council Regular Meeting Agenda Page 2 of 5 PRESENTATION • Presentation from Not-For-Profit Organizations: o Children's Chorus of Collin County,Inc. o Collin County Children's Advocacy Center, o Collin Intervention to Youth o Divorce Recovery for Kids at Wylie United Methodist Church o Equest Therapeutic Horsemanship o Meals on Wheels, Inc. of Wylie o Plano Children's Medical Clinic o Wylie ISD Education Foundation CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the September 9, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-39(R) authorizing the Mayor to execute a 2009 Step Program Grant Agreement, in the amount of $45,634.36, with the State of Texas Department of Transportation. (J. Duscio, Police Chief C. Consider, and act upon, Resolution No. 2008-40(R) authorizing the Mayor to execute Contract Amendment Number One (1) to the 2007 Interlocal Environmental Services Agreement between Collin County and the City of Wylie. (M. McAnnally, Building Official) D. Consider, and act upon, Resolution No. 2008-41(R) 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 2008-2009. (R. Orozco, Library Director) E. Consider, and act upon, awarding an annual contract to McCrary's Mow Time in the amount of$45 per acre for mowing and litter control services and $7.00 per acre for litter control only. (M. Sferra, Public Services Director) F. Consider, and act upon, Ordinance No. 2008-43, amending Ordinance No. 2006-01 (Planned Development) to allow for flexibility of wall signage by establishing provisions within the CC zoned designation of the Planned Development District. ZC 2008-09 (R. 011ie, Planning Director) G. Consider, and act upon, a Replat for Woodbridge Crossing, Block A, Lot 3 (Viewpoint Bank) creating a single lot of 1.41 acres, generally located at the southeast corner of FM544 and the extension of McCreary Road. (R. 011ie, Planning Director September 23,2008 Wylie City Council Regular Meeting Agenda Page 3 of 5 H. Consider, and act upon, a Final Plat for Wylie Church of Christ creating one lot on 2.3785 acres, located at 901 South Ballard Street. (R. 011ie, Planning Director) I. Consider, and act upon, a Final Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM 544 and Commerce Drive. (R. 011ie, Planning Director) J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of August 31, 2008. (L. Williamson, Finance Director) K. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31,2008. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearing Tabled Item from August 12,2008 1. (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing and consider, and act upon, amendments to the Comprehensive Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District as it relates to district boundaries and design standards. (R. 011ie, Planning Director) Executive Summary The purpose of these revisions is to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures. As time and technology change so must our ordinance as it relates to design and function. However, it is also important to identify those areas that we desire to preserve and maintain to reflect as closely as possible the rich history of Wylie. General Business 2. Consider, and act upon, Ordinance No. 2008-44 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). (C. Holsted, City Engineer) Executive Summary In 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. 3. Consider, and act upon, Ordinance No. 2008-45 repealing Ordinance No. 2007-37 and Ordinance No. 96-1, and replacing Chapter 50 (Floods), Article II (Flood Damage Prevention), of the City of Wylie Code of Ordinances, for the purpose of establishing regulations to minimize flood losses. (C. Holsted, City Engineer) September 23,2008 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The Federal Emergency Management Agency(FEMA)has requested that Cities update their flood damage prevention ordinance to meet the requirements of the National Flood Insurance Program (NFIP) regulations. Specifically, FEMA has asked Cities to update Article 3, Section B which specifies the most current Flood Insurance Rate Map updates. 4. Consider, and act upon, Resolution No. 2008-42(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. (C. Holsted, City Engineer) Executive Summary The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. 5. Consider, and act upon, Resolution No. 2008-43(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. (C. Holsted, City Engineer) Executive Summary The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. 6. Consider, and act upon, Resolution No. 2008-44(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Town of St. Paul for Fire Protection Services for their city limits and E.T.J. (R.Corbin, Fire Chief) Executive Summary The City of Wylie has been providing fire protection services for the Town of St. Paul since 1993. The proposed contract almost mirrors the past contract with one major change. The contract changes how the City of Wylie bills the Town of St. Paul for fire protection. 7. Consider, and act upon, Ordinance No. 2008-46, amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $60,000, to provide additional funds within this fiscal year for City Attorney's fees. (L. Williamson, Finance Directory) Executive Summary For FY 2007-2008,the City Attorney line item for Legal Fees was budgeted at$115,000.These funds have been exhausted because of an unexpected increase in the use of legal services throughout this fiscal year. A budget amendment in the amount of$60,000 is requested for the balance of the fiscal year. 8. Consider, and act upon, amendments to the Rita and Truett Smith Public Library Computer Use Policy. (R. Orozco, Library Director) September 23,2008 Wylie City Council Regular Meeting Agenda Page 5 of 5 Executive Summary Mayor and Council approved the Smith Public Library"Internet Acceptable Use Policy"on April 13,2004. The proposed amendments to the policy reflect the growing use of the library's public service computers. The proposed amendments incorporate these changes and present the information in more concise language. WORK SESSION • Review City of Wylie Boards and Commission member totals and term limits. (J. Butters, Assistant City Manager) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. ADJOURNMENT CERTIFICATION I cert)that this Notice of Meeting was posted on this 19`"day of September, 2008 at 6:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: Presentation Department: City Manager's Office (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: 5111-56990 Date Prepared: July 8, 2008 Budgeted Amount: $33,000 Exhibits: 8 Subject Presentation from Not-For-Profit Organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth; Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship; Meals on Wheels, Inc. of Wylie; Plano Children's Medical Clinic; and Wylie ISD Education Foundation. Recommendation N/A Discussion Ordinance No. 2005-52 established a policy regarding funding requests received by not-for-profit organizations. A total of$33,000 has been allocated within City Council's budget for Not-For-Profit contributions in FY 08- 09. Public Notice was issued to inform the public of the acceptance of applications, with May 1, 2008 being the application deadline. Each of the following Not-For-Profit organizations submitted a Request for Public Funds and provided a summary of their program: Children's Chorus of Collin County, Inc. $ 6,205 Collin County Children's Advocacy Center, Inc. $ 15,000 Collin Intervention to Youth(CITY House) $ 7,000 Divorce Recovery for Kids at Wylie United Methodist Church $ 2,000 Equest Therapeutic Horsemanship $ 5,000 Meals on Wheels, Inc. of Wylie $ 3,000 Plano Children's Medical Clinic $ 10,000 Wylie ISD Education Foundation $ 2,752 Previous recipients of funding since 2006 include Collin County Children's Advocacy Center, Equest Therapeutic Horsemanship, Friends of the Rita & Truett Smith Library, Meals on Wheels, Inc. of Wylie, Plano Children's Medical Clinic and the Wylie ISD Education Foundation. Approved By Initial Date Department Director City Manager I 1 \ �'� 1 /()� Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 9, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:01 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Fire Chief, Randy Corbin; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the Invocation and Lieutenant Mike Atkison led the Pledge of Allegiance. PRESENTATION • Renewable Energy Sources: Solar Wind Technologies (R. 011ie, Planning Director) Mike Correale, representing Solar Wind Technologies, gave Council a short presentation on wind energy. He displayed various types of wind turbines for both commercial use and residential use. He noted that some residential areas were not suited for this type of technology if the homes were densely populated with obstructions such as trees and utility wires. He reported a cost savings of up to 40% when using wind technology in lieu of gas and electric. He noted that wind turbines do require annual maintenance. Direction from Council to staff was to look into technology for both wind and solar and report back to Council. Minutes—September 9, 2008 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Councilman Merrill Young addressed Council stating that "the Wylie Independent School District has been informed by the Texas Education Agency that my teaching certificate will no longer be valid due to accreditation questions about the university that awarded my diploma. I began this school year in a non-teaching role and I plan to continue working through a university that is recognized as accredited through the Texas Education Agency to re-establish my teaching credentials." Allen Morris, former WISD instructor, residing at 307 N. Ballard Avenue, Wylie, Texas stated that it had been his honor and privilege to teach with Merrill Young for several years. "I give him my unmitigated support." CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the August 21, 2008 Special Called Meeting and the August 26, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for Lanman Addition creating three commercial lots, generally located west of Woodbridge Parkway, north of New Hensley Lane and west of Hooper Road. (R. 011ie Planning Director) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Hogue recessed the City Council Meeting at 6:24 p.m. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Hogue called to order the Parks & Recreation Facilities Development Corporation meeting at 6:25 p.m. with the following board members present: Anne Hiney, Shirley Burnett, Dan Chestnut, Merrill Young, Rick White, David Goss, and Eric Hogue. Minutes—September 9, 2008 Wylie City Council Page 2 1. Consider, and act upon, approval of the Minutes from the September 11, 2007 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member Hiney, seconded by board member Chestnut to approve the minutes from the September 11, 2007 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). A vote was taken and the motion passed 7- 0. 2. Consider, and act upon, approval of the FY2008-2009 4B Budget and authorizing expenditures for the FY2008-2009 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) 4B Board Action A motion was made by board member Burnett, seconded by board member Goss to approve the 4B Budget and authorizing expenditures for the FY 2008-2009 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0. ADJOURN 4B Board Action A motion was made by board member White, seconded by board member Chestnut to adjourn the meeting at 6:29 p.m. A vote was taken and the motion passed 7-0. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Wylie City Council Regular Session at 6:30 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending Planned Development 2006-01 zoning to allow for flexibility of wall signage by establishing provisions within the Commercial Corridor zoned designation (for retail & service uses) of the Planned Development District. ZC 2008-09 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of F.M. 544, east of McCreary Road and west of Regency Business Park Addition. Planned Development zoning on this property was adopted by City Council in January 2006 (PD-2006-01) to create an approximately 65 acre shopping center consisting of major & junior anchors and multiple pad sites fronting F.M. 544. In March 2008, the Planning &Zoning Commission approved a site plan for Woodbridge Crossing, Lots 1, 2, 6-9, 14 and 17. Currently under development; this 550,000 square foot retail center includes extension of McCreary Road and Springwell Parkway and major anchor, Super Target. Minutes—September 9, 2008 Wylie City Council Page 3 Ms. 011ie explained that this request proposes to amend the PD to allow for revising Section 3.10, Sicnage of the adopted PD to allow for flexibility of the City of Wylie's Sign Regulations pertaining to wall signage (height and width). The Sign Ordinance limits maximum allowable area for wall signs to one (1) square foot of area for each linear foot of the buildings frontage or lease space frontage in a multiple tenant building, not to exceed four hundred fifty (450) square feet. Planning Director 011ie reported that the applicant proposes: • Occupants with 60 feet or more of lineal frontage of building wall shall be allowed to install wall signs on each face of their building not to exceed 75% of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 7 feet. Ex: 250 feet of frontage x 0.75= 187.5 total allowable width for signs • For occupants with less than 60 feet of lineal frontage of building wall, wall signs on each face of their building shall not exceed 75% of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 4 feet. • Any occupants of buildings located within 300 feet of the property line along FM 544, shall not have wall signs that exceed 4 feet in height. • Target shall be permitted to install its corporate logo bullseye (i) not to exceed 12 feet in diameter on the side and rear of the building, and (ii) not to exceed 9 feet in diameter on the front of the building. Council Discussion Councilman Goss noted that this change could set precedence for other zoning cases. Ms. 011ie replied that typical provisions within planned development districts recognize opportunities to allow for flexibility of standard regulations with respect to location and minimum impact upon adjacent properties. The general intent of the Sign Ordinance is to control proliferation of signs and potential adverse impact upon adjacent properties and provide uniform regulations of signs by preserving the appearance and attractiveness of the visual environment. She noted that conformity for a 550,000 sq. ft. development versus a strip center, which the current ordinance was written for, is using flexibility and conformity to size. Developer Comments Mr. Don Bouvier representing Direct Development addressed Council stating that this zoning request was thoroughly studied by the firm and they felt the zoning change would be more in conformity to the facade and more in scale with the completed development. Public Hearing Mayor Hogue opened the public hearing at 6:35 p.m. asking anyone present wishing to address Council during the public hearing for Zoning Case 2008-09 to please come forward and limit their comments to three minutes. No one was present to address Council concerning ZC 2008-09. Mayor Hogue closed the public hearing at 6:35 p.m. Minutes—September 9, 2008 Wylie City Council Page 4 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to amend Planned Development 2006-01 zoning to allow for flexibility of wall signage by establishing provisions within the Commercial Corridor zoned designation for retail & service uses of the Planned Development District (ZC 2008-09). A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, Ordinance No. 2008-41 adopting a budget and appropriating resources for Fiscal Year 2008-2009, beginning October 1, 2008 and ending September 30,2009. (L. Williamson, Finance Directory) Staff Comments Finance Director Williamson addressed Council stating that the tax rate being proposed for fiscal year 2008-2009 is $0.8989 per $100 of evaluation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-01 adopting a budget and appropriating resources for Fiscal Year 2008- 2009, beginning October 1, 2008 and ending September 30, 2009. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie Fiscal Year 2008-2009 Budget. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to H.B. No. 3195 approved during the 2007 Legislative Session, creating a new requirement for the approval of the tax rate. Under Section 4, subsection C the bill states, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to ratify the property tax increase reflected in the approved City of Wylie Fiscal Year 2008-2009 Budget. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, approval of the Fiscal Year 2008-2009 4B Budget and authorize expenditures for the Fiscal Year 2008-2009 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Minutes—September 9, 2008 Wylie City Council Page 5 Staff Comments Finance Director Williamson addressed Council stating that the Parks and Recreation Facilities Development Corporation were established in accordance with State law as a result of the January 15, 1994 election approving the 1/2 cent sales tax for parks, recreation, and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Council Action A motion was made by Councilman Young, seconded by Councilman Goss to approve Fiscal Year 2008-2009 4B Budget and authorize expenditures for the Fiscal Year 2008-2009 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2008-42 fixing the tax rate/levy for Tax Year 2008 and for the Budget Year FY2008-2009 at $0.8989 per $100.00 of assessed valuation. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the tax rate needed to fund the FY 2008-2009 budget is $.8989 per $100.00 of assessed valuation. The tax rate is broken down with $.56195 being used for operations and maintenance and $.33695 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$12,274,276 for the General Fund and $7,359,815 for the I & S Fund. The adopted Fiscal Year 2008-2009 budget requires the support of this ordinance for funding. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Ordinance No. 2008-42 fixing the tax rate/levy for Tax Year 2008 and for the Budget Year FY2008-2009 at $0.8989 per $100.00 of assessed valuation. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Resolution No. 2008-36(R) authorizing a study for the purpose of establishing a regional wastewater system with North Texas Municipal Water District, the City of Nevada, City of Lavon, and the City of Farmersville; with a cost not to exceed $15,200.00. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that staff has attended two meetings with NTMWD to discuss a feasibility study for a regional wastewater system to serve the east side of Lake Lavon. The jurisdictions represented included Wylie, Lavon, Nevada and Farmersville. NTMWD agreed to develop a scope of work and obtain a cost proposal in order to determine what the cost would be to those entities interested in participating in the study. As such, all jurisdictions agreed that a regional system through the NTMWD is a much more logical approach to the provision of wastewater services. Ms. Manson reported that other cities had been contacted to share in this study; should other cities decide to participate, the cost per city would decrease. Councilman Young asked that staff closely look at what the direct advantages would be if the City chooses to enter a regional wastewater system. Minutes—September 9, 2008 Wylie City Council Page 6 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2008-36(R) authorizing a study for the purpose of establishing a regional wastewater system with North Texas Municipal Water District, the City of Nevada, City of Lavon, and the City of Farmersville; with a cost not to exceed $15,200.00. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Young, Councilman White, and Councilman Porter voting for and Councilman Goss voting against. 7. Consider, and act upon, approval of Change Order No. 1, in the amount of $498,625.46, to Tri-Con Services, Inc. for the construction of the temporary detour on FM 1378. (C Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the location of the new City facilities is proposed to be just east of the future alignment of FM 1378 and on the existing alignment of the roadway as shown on the attached site plan. The construction of the new City facilities is scheduled to begin prior to the construction of FM 1378; therefore, a temporary detour is necessary to allow the construction of all three buildings to start at the same time. A permit has been approved by TX DOT to allow the construction of the temporary detour. Mr. Hoisted reported that Tri-Con Services is currently working on another project for the City and is willing to construct the proposed detour as well. He reported that this would be more cost effective for the City based on mobilization costs and delayed construction costs for the new facilities. Concrete in lieu of asphalt was also the most cost effective for this particular project. He reported that approximately one half of the constructed detour road would be utilized after the construction of SH 1378. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve Change Order No. 1 in the amount of$498,625.46 to Tri-Con Services, Inc. for the construction of the temporary detour on FM 1378. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Resolution No. 2008-37(R) authorizing the City Manager to enter into an Interlocal Agreement with the Southeast Collin County EMS Coalition and the East Texas Medical Center Emergency Medical Services (ETMC EMS) for Regional Emergency Medical Services/Ambulance Services. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. The Coalition signed the original contract for ambulance service with ETMC EMS in 1999. Although there have been significant changes in the business relationship and the standard operating procedures for the area over the past ten years, the relationship between ETMC EMS and participating governmental entities has been a beneficial one for all involved. Minutes—September 9, 2008 Wylie City Council Page 7 Council Action A motion was made by Councilman White, seconded by Councilman Young to approve Resolution No. 2008-37(R) authorizing the City Manager to enter into an Interlocal Agreement with the Southeast Collin County EMS Coalition and the East Texas Medical Center Emergency Medical Services (ETMC EMS) for Regional Emergency Medical Services/Ambulance Services. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, Resolution No. 2008-38(R) authorizing the City Manager to enter into an Supplemental Agreement with East Texas Medical Center Emergency Medical Services (ETMC EMS) to contract for Paramedic Ambulance Services. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. The contract between ETMC EMS and the Southeast Collin County E.M.S. Coalition funds only one full-time ambulance in the contract. In order to provide the citizens the best possible service within the Coalition, the City of Wylie has provided personnel to support the back-up ambulances donated by ETMC EMS to cover emergency medical calls when the primary ambulance is busy. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2008-38(R) authorizing the City Manager to enter into a Supplemental Agreement with East Texas Medical Center Emergency Medical Services (ETMC EMS) to contract for Paramedic Ambulance Services. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, the acceptance of the resignation of Jeffrey Katzman and the appointment of a new member to the Construction Code Board for the unexpired term of July 2008 to July 2010. (M. McAnnally, Building Official) Staff Comments Building Official McAnnally addressed Council stating that staff is requesting the appointment of a new member to replace Mr. Jeffrey Katzman, who recently resigned from the City of Wylie Construction Code Board. Per the City Charter, Article VIII, Section 2(e) the City Council shall have the power and authority to create, abolish, establish and appoint boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to accept the resignation of Jeffrey Katzman and appoint Allen Morris to the Construction Code Board for the unexpired term of July 2008 to July 2010. A vote was taken and the motion passed 7-0. Minutes—September 9, 2008 Wylie City Council Page 8 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the Ordinance captions to Ordinance No.'s 2008-41 and 2008-42 into the official record. Mayor Hogue convened into Executive Session at 7:01 p.m. stating Section 551.071 Consultation with Attorney regarding legal issues of a joint resolution between the Cities of Wylie and Lucas, Texas, a boundary adjustment agreement with Lucas, and the City's respective boundaries. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.071 Consultation with Attorney; A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advice of its attorney (A)Pending or contemplated litigation;or (B)A settlement offer;or (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Legal issues regarding the Joint Resolution between the Cities of Wylie and Lucas,Texas, a boundary adjustment agreement with Lucas, and the City's respective boundaries. Mayor Hogue reconvened into Open Session at 7:50 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: There was not action taken by the City Council as a result of Executive Session. Mayor Hogue convened into Work Session at 7:50 p.m. WORK SESSION • Presentation of the CAPP Long Term Energy Contract. (J. Butters, Assistant City Manager) Assistant City Manager Butters explained to Council that the City of Wylie is currently in a short term contract with Cities Aggregation Power Project, Inc. (CAPP) for energy consumption at a cost of $.10 per kWh. He explained that CAPP has offered participation in a long term power purchase agreement (2009 PPA) to allow the City further cost savings on energy. He reported Minutes—September 9, 2008 Wylie City Council Page 9 that after thorough review of the agreement, he was recommending the City not consider joining the long term power purchase agreement. He explained that the cost savings after all expense factors were considered was around 2¢ per kWh. The agreement was for 24 years, fixed price contract for approximately 60% of participant's historic use. CAPP issues bonds to pre-pay capacity portion (3/5) of the PPA and participants enter a contract with CAPP that pledges the taxing authority to fulfill the debt service obligation. The energy cost under the PPA is blended with other supply agreements priced at market cost and billed by the Retail Electric Provider. The fixed debt service payment for capacity would be 3.5¢ per kWh and the blended energy rate would estimate out at 4.5¢, bringing the total cost for energy to 8¢ per kWh. Advantages included diversity of fuel source, reduction in volatility associated with natural gas, increased budget stability, immediate and long term savings, and market innovation. The negative issues included: capacity portion (debt service) must be paid even if no energy was consumed; assigned energy and debt service will likely have to be trued-up and reconciled; the process would require ongoing monitoring of economics regarding whether default by Luminant should result in termination of the agreement prior to expiration. Risks included: Bankruptcy, Gas Price Decline, Early Termination, Environmental Surcharge, and Collateral Value Reduction on refinancing by CAPP/Luminant. Direction from Council was not to pursue the CAPP Long Term Energy Contract/Agreement. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:01 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to adjourn the meeting at 8:01 p.m. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—September 9, 2008 Wylie City Council Page 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: B Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: September 3, 2008 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Resolution No. 2008-39(R) authorizing the Mayor to execute a 2009 Step Program Grant Agreement, in the amount of$45,634.36, with the State of Texas Department of Transportation. Recommendation Motion to approve Resolution No. 2008-39(R) authorizing the Mayor to execute a 2009 STEP Program Grant Agreement, in the amount of$45,634.36, with the State Texas Department of Transportation. Discussion The Texas Department of Transportation has awarded the City of Wylie a $45,634.36 grant for 2009. The grant money is to be used to pay off duty officers to work traffic enforcement. The grant requires the Police Department to focus on speeding violations and DWI arrests. The local match requirement for 2009 equals $5,681.86 and is incorporated in the 2009 annual budget. Approved By Initial Date Department Director JD 9/3/08 City Manager / f1 l�' 1 1 Page 1 of 1 RESOLUTION NO. 2008-39(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A 2009 STEP PROGRAM GRANT AGREEMENT IN THE AMOUNT OF $45,634.36 WITH THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Texas acting through the Texas Department of Transportation pursuant to Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967; and the Highway Safety Performance Plan for the Fiscal Year 2009 has deemed it beneficial to award a 2009 STEP Program Grant; and WHEREAS, the goal of the STEP Program Grant is to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes; reduce the number of DWI-related crashes, injuries, and fatalities; and to increase occupant restraint use in all passenger vehicles; and WHEREAS, the Texas Department of Transportation has awarded the City of Wylie a STEP grant in the amount of$45,634.36 for 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City of Wylie hereby certifies that the matching share for this STEP grant has been allocated in the 2009 annual budget. SECTION 2: That the City of Wylie hereby authorizes the Mayor to execute the STEP Program Grant Agreement with the State of Texas Department of Transportation. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 23`d day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-39(R) STEP Program Grant Agreement Texas Traffic Safety eGrants Fiscal Year 2009 Organization Name: City of Wylie Legal Name: City of Wylie Payee Identification Number: 17560007191006 Project Title: STEP 2009 Comprehensive ID: 2009-Wylie-S-SYG-0147 Period: 10/01/2008 to 09/30/2009 Page 1 of 28 City of Wylie STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Wylie hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2009. Project Title: STEP 2009 Comprehensive Grant Period: This Grant becomes effective on 10/01/2008 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2009 unless terminated or otherwise modified. Total Awarded: $52,685.63 Amount Eligible for Reimbursement: $39,989.10 Match Amount: $12,696.53 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 2 of 28 City of Wylie STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation City of Wylie Commission for the purpose and effect of activating and/or carrying out orders, [Legal Name of Agency] established policies or work programs approved and authorized by the Texas Transportation Commission By: By: [Authorized Signature] [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 3 of 28 City of Wylie STEP 2009 Comprehensive Program Element Selection YEAR LONG I ) DWI DWI: Driving While Intoxicated I x Speed Speed: Speed Enforcement X OP OP: Occupant Protection (Safety Belt and Child Safety Seat) I " ITC ITC: Intersection Traffic Control WAVE Jurisdiction wide (DWI enforcement effort must be focused at locations I DWI where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where Speed there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) I OP Jurisdiction wide CMV Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations and HMV Note: If a DWI component is selected above, an SFST letter is no longer required to be submitted with the proposal. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 4 of 28 City of Wylie STEP 2009 Comprehensive General Information Project Title STEP 2009 Comprehensive How many years has your organization received funding for this project? This will be our second year. Project Director Name Michael Atkison Organization Address 2000 N. Highway 78 Wylie, TX 75098 Mailing Address Multi Year Proposal Selection 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 5 of 28 City of Wylie STEP 2009 Comprehensive Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 6 of 28 City of Wylie STEP 2009 Comprehensive purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 7 of 28 City of Wylie STEP 2009 Comprehensive unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or B, "Pl&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 8 of 28 City of Wylie STEP 2009 Comprehensive underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Educational Institutions; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 9 of 28 City of Wylie STEP 2009 Comprehensive ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 10 of 28 City of Wylie STEP 2009 Comprehensive overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 11 of 28 City of Wylie STEP 2009 Comprehensive claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2009-Wylie-S-SYG-01147 Printed On: 8/28/2008 Page 12 of 28 City of Wylie STEP 2009 Comprehensive If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of$25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of$25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 13 of 28 City of Wylie STEP 2009 Comprehensive bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 14 of 28 City of Wylie STEP 2009 Comprehensive Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 15 of 28 City of Wylie STEP 2009 Comprehensive by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 16 of 28 City of Wylie STEP 2009 Comprehensive Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 17 of 28 City of Wylie STEP 2009 Comprehensive Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.bcusicso/default.htm. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 18 of 28 City of Wylie STEP 2009 Comprehensive RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 19 of 28 City of Wylie STEP 2009 Comprehensive report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 20 of 28 City of Wylie STEP 2009 Comprehensive RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e-mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self-sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 21 of 28 City of Wylie STEP 2009 Comprehensive Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. 1 " I agree to the above goals and strategies. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 22 of 28 City of Wylie STEP 2009 Comprehensive Baseline Information Baseline Year (12 From 1/1/2005 to 12/31/2005 months) Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) 84 arrests Number of speed 1587 citations Number of safety belt 40 citations Number of child safety 8 seat citations Number of Intersection Traffic Control (ITC) 321 citations Number of alcohol- 31 related crashes Number of speed- 100 related crashes Number of crashes occurring at 33 intersections Baseline Number Month/Year of Survey Percentage of speed 37 % 02/08 compliance Percentage of safety 93.5 % 11/07 belt usage Attach Speed Survey https://www.dot.state.tx.us/apps/egrants/_Upload/39799-wylie data speed survey.pdf Attach Safety Belt https://www.dot.state.tx.us/apps/egrants/_Upload/39799-wylie survey data op survey.pdf Support Document not included in Survey Data 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 23 of 28 City of Wylie STEP 2009 Comprehensive Law Enforcement Objective/Performance Measure Target Objective/Performance Measure Number 1. Number and type citations/arrests to be issued under STEP a. Increase DWI arrests by 40 b. Increase Speed citations by 1100 c. Increase Safety Belt citations by 265 d. Increase Child Safety Belt citations by 15 e. Increase ITC citations by 100 2. Proposed total number of traffic related crashes a. Reduce the number of Alcohol-Related crashes to 29 b. Reduce the number of Speed-Related crashes to 96 c. Reduce the number of ITC-related crashes to 29 3. Increase speed compliance a. Increase the speed compliance rate to 40% 4. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 96% passengers to 5. Number of Enforcement Hours 799 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting Step Indicator 3.05 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 24 of 28 City of Wylie STEP 2009 Comprehensive PI&E Objective Performance/Measure Object/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 5 b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1500 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 25 of 28 City of Wylie STEP 2009 Comprehensive Operational Plan P Not Applicable (Click on this check-box if this is a Multi-Year proposal and if you would like to use the Yr1 Operational Plan) Site Type Site Description Survey Results Enforcement Period Number (Compliance Percentage) 1 OP City Wide 93.5 7 days a week, Daylight hours SH78 1 Speed 600 block S. to 300 block N. 45 7 days a week, 24 hours per day 3 miles 40 mph FM 544 2 Seed SH78 to W. City Limits 24 7 days a week, 24 hours per day p 4 miles 45 mph W Brown St. from Ballard to Westgate 3 Speed 3 miles 43 7 days a week, 24 hours per day 30 mph 1 DWI Jurisdiction wide (see attached map) 1 ITC F.M. 544 @ State Highway 78 Ballard @ State Highway 78 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 26 of 28 City of Wylie STEP 2009 Comprehensive Brown @ State highway 78 F.M. 544 @ F.M. 1378 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 27 of 28 City of Wylie STEP 2009 Comprehensive Budget Summary Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries: $36,667.10 $0 $36,667.10 (200) Fringe Benefits: $0 $5,371.73 $5,371.73 Sub-Total: $36,667.10 $5,371.73 $42,038.83 Category II - Other Direct Costs (300) Travel: $3,322.00 $7,324.80 $10,646.80 (400) Equipment: $0 (500) Supplies: $0 (600) Contractual $0 Services: (700) Other $0 Miscellaneous: Sub-Total: $3,322.00 $7,324.80 $10,646.80 Total Direct Costs: $39,989.10 $12,696.53 $52,685.63 Category Ill - Indirect Costs (800) Indirect Cost $0 Rate: Summary Total Labor $36,667.10 $5,371.73 $42,038.83 Costs: Total Direct $3,322.00 $7,324.80 $10,646.80 Costs: Total Indirect $0 Costs: Grand Total $39,989.10 $12,696.53 $52,685.63 Fund Sources 75.90% 24.10% (Percent Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in eGrants. 2009-Wylie-S-SYG-0147 Printed On: 8/28/2008 Page 28 of 28 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: C Department: Building Inspections (City Secretary's Use Only) Prepared By: J. M. "Mike" McAnnally Account Code: 100-5181-56040 Date Prepared: 09/15/08 Budgeted Amount: $32,000.00 Exhibits: Two Subject Consider, and act upon, Resolution No. 2008-40(R) authorizing the Mayor to execute Contract Amendment Number One (1) to the 2007 Interlocal Environmental Services Agreement between Collin County and the City of Wylie. Recommendation Motion to approve Resolution No. 2008-40(R) authorizing the Mayor to execute Contract Amendment Number One (1) to the 2007 Interlocal Environmental Services Agreement between Collin County and the City of Wylie. Discussion Beginning in February 2003, the City began and has continued to annually contract the administrative and inspections elements of Environmental Health services with Collin County. The Environmental Health Services contract includes the inspection of day care facilities, restaurants, schools, food service facilities, public swimming pools,bed and breakfast establishments and hotels/motels. The City's projected cost to hire a registered sanitarian would be approximately $73,000.00 per year for salary, benefits, training / maintenance, equipment and vehicle with other significant initial financial burdens to provide the office space, equipment and training. This proposed amendment and extension of the current Interlocal Agreement will cost the City an annual amount that is calculated at 80 cents per each inhabitant of the City based on the most recent population established by the North Central Texas Council of Governments. This base cost calculation has remained the same since 2003, with a current contract proposed cost of$29,600.00 to the City. These annual contract increases reflect the steady growth of the City of Wylie and it is substantially less expensive for the City to contract with Collin County to provide these services, while satisfying compliance with state law through the utilization of state registered sanitarians. Collin County sets October 1, 2008 as the effective date within this amendment to the contract and allows for renewal terms for five 5 additional one 1 year periods with the approval of the County and the Municipality. The cost for this item is well within the budgeted amount for the 2008/2009 Fiscal Year Budget. Approved By Initial Date Department Director JMM 09/15/08 City Manager it J(4(A J Page 1 of 1 RESOLUTION NO. 2008-40(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR MAYOR TO EXECUTE CONTRACT AMENDMENT NUMBER ONE (1) TO THE 2007 INTERLOCAL ENVIRONMENTAL SERVICES AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE. WHEREAS, the County of Collin, Texas, operates the Collin County Environmental Health Care Services, which is a local health department existing pursuant to the Local Public Health Reorganization Act, Chapter 121 of the Texas Health and Safety Code. WHEREAS, the Collin County Environmental Health Care Services perform public health functions that the County of Collin is authorized to perform including, but not limited to, environmental services to protect and promote public health; and WHEREAS, Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes agreements to increase efficiency and effectiveness of local governments. WHEREAS, the City of Wylie has determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas to amend the current Interlocal Agreement with Collin County for Environmental Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The 2007 Interlocal Environmental Services Agreement with Collin County is hereby amended in Contract Amendment Number One (1) as follows: Section 2. Term 2.01 Term. This agreement shall continue in full force and effect up through and including September 30, 2009 and may be renewed for additional one (1) year terms as agreed in writing by both parties. Section 5. Compensation On an annual basis, the City of Wylie will pay $29,600 to Collin County for providing Environmental Services. Section 2. The Mayor of the City of Wylie is hereby authorized to execute Contract Amendment Number One (1) of the 2007 Interlocal Environmental Services Agreement with Collin County. Section 3. An official copy of this resolution shall be forwarded to the Commissioners' Court for their consideration. Resolution No.2008-40(R) Amendment to the 2007 Interlocal Environmental Services Agreement with Collin County DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 23rd day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-40(R) Amendment to the 2007 Interlocal Environmental Services Agreement with Collin County COLLIN COUNTY Fax:9725464694 Sep 8 2008 1E:08 P. 02 COLLIN COUNTY PURCHASING DEPARTMENT CONTRACT AMENDMENT NUMBER:ONE(1) CONTRACT/PROJECT: Agreement,Environmental Services CONTRACT NO: # 2007-742-09-11 EFFECTIVE DATE: 10-01-08 AMENDMENT ISSUED TO: City of Wylie Attn: Eric Hogue,Mayor 2000 Highway 73 North Wylie,Texas 75098 AWARDED BY: Original Court Order No. 2007-742-09-11 AMENDMENT#1 COURT ORDER NO. YOU END THIS CONS CT AS FOLLOWS: Amend Section 2 Term to read as follows: 2,01 This Agreement shall continue in full force and effect up through and including September 30,2009,and may be renewed for additional one(I)year terms as agreed in writing by both parties. Amend Section 5 Compensation to read as follows: C"../ On an annual basis,the City of Wylie will pay$29,600 to Collin County for providing Environmental Services. Except as provided herein.all.tcnms and condilionta of the contract remain in full force and effect and may only be modifiediu writing signed by both parties, ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY CITY OF WYLIE Collin County Courthouse Eric Hogue,Mayor 210 S.McDonald Street,Suite 230 2000 Highway 78 North McKinney,Texas 75069 Wylie,Texas 75098 SIGNATURE Franklin Ybarbo TITLEL Purchasing Agent DATE DATE MAIL SIGNED AMENDMENT TO: Purchasing Agent,200 S.McDonald,Suite 230,McKinney, Texas 75069 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: D Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: September 9, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2008-41(R) 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 2008-2009. Recommendation Motion to approve Resolution No. 2008-41(R) 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 2008-2009. Discussion Collin County allocates funds for library services to cities in the County. For fiscal year 2009, Collin County will fund the Rita and Truett Smith Public Library $23,940.00 from October 2008 through September 2009. Payments are made to the City of Wylie on a quarterly basis. Approved By Initial Date Department Director RO 09/12/06 City Manager Mill 5 O' Page 1 of 1 RESOLUTION NO. 2008-41(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY AND THE RITA AND TRUETT SMITH PUBLIC LIBRARY FOR LIBRARY SERVICES FOR FISCAL YEAR 2008-2009. WHEREAS, the County of Collin, Texas, is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the City of Wylie Rita and Truett Smith Public Library administers and provides library services for the general public in Collin County, Texas; and WHEREAS, Collin County agrees to fund the Rita and Truett Smith Public Library for fiscal year 2008-2009 beginning October 2008 and ending September 2009 for services to the citizens of Collin County; and WHEREAS, the Rita and Truett Smith Public Library shall continue to provide full library services for the residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. Collin County agrees to fund the Rita and Truett Smith Library in the amount of$23,940.00 for the 2008-2009 fiscal year for library services. Section 2. An official copy of this resolution shall be forwarded to the Collin County Commissioners' Court for their consideration. Section 3. The Mayor of the City of Wylie is hereby authorized to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library. DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 23`d day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-41(R) Interlocal Agreement with Collin County For Library Services THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE RITA & TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the Rita & Truett Smith Public Library; hereinafter referred to as the "LIBRARY". II. The COUNTY and LIBRARY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The LIBRARY is a City Council created entity established for administering and providing library services for the general public in Collin County, Texas. The undersigned officers or agents of the COUNTY and the LIBRARY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the LIBRARY in the amount of $23,937.00 for the 2009 fiscal year (October 2008 through September 2009) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the LIBRARY will provide the following services to the citizens of Collin County for the year of 2009: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the LIBRARY by the COUNTY shall be used solely for library services to the public. The LIBRARY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week (except officially recognized holidays). Further, the LIBRARY agrees to submit to audits by the County Auditor in accordance with the directions of said official. The LIBRARY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the LIBRARY, the COUNTY agrees to pay to the LIBRARY for the full performance of this agreement: the sum of$5,985.00 on a quarterly basis. The LIBRARY understands and agrees that payment by the COUNTY to the LIBRARY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The LIBRARY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The LIBRARY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED in duplicate originals this, the day of , 2008. BY: The County Judge of Collin County, Texas BY: The Authorized Representative of Date The Rita & Truett Smith Public Library ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: E Department: Purchasing (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 100-5511-56040 Date Prepared: August 28, 2008 Budgeted Amount: $97,000.00 Exhibits: Contract Subject Consider, and act upon, awarding an annual contract to McCrary's Mow Time in the amount of$45 per acre for mowing and litter control services and $7.00 per acre for litter control only. Recommendation Motion to approve and award an annual contract to McCrary's Mow Time in the amount of$45 per acre for mowing and litter control services and $7.00 per acre for litter control only. Discussion The Parks Department operating budget for the 2008-2009 fiscal year includes an allocation of$97,000.00 for mowing and litter control services in City medians, rights of way and special areas. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code to establish an annual contract for mowing and litter control services. The lowest and best evaluated bidder is McCrary's Mow Time with a bid of$45.00 per acre for mowing and litter control and $7.00 per acre for litter control only. Based upon the specified acreage and estimated frequency of service, the annual value of the contract is approximately $95,805.50. The following is a list of all bids submitted. McCrary's Mow Time: $45.00/$7.00 Wylie Mow- $48.00/$7.00 Xtreme Green- $52.75/$8.50 VMC Landscape- $54.00/$14 Approved By Initial Date Department Director MS 8/28/0I8 City Manager 1 J l S i o(‘ Page 1 of 1 CONTRACT FOR PURCHASE OF GOODS AND/OR SERVICES THIS CONTRACT is made and entered into this the 9`h day of September,2008,by and between the City of Wylie,Texas,a Municipal corporation located in Collin County,Texas,(hereinafter called CITY),acting through its duly authorized representative and McCrary's Mow Time of the City of Farmersville,State of Texas,hereinafter called COMPANY),acting by and through its duly authorized agent. WITNESSETH:That for and in consideration of the mutual covenants hereinafter set forth,the CITY and COMPANY agree as follows: DESCRIPTION OF GOODS AND/OR SERVICE The CITY agrees to purchase and the COMPANY agrees to provide all of the goods and/or services as specified in the contract documents, such goods and/or services generally described as follows: MOWING&LITTER CONTROL OF CITY MEDIANS, RIGHTS OF WAY&SPECIAL AREAS for the bid sum of$45.00(Forty-Five Dollars) per acre of mowing/litter control services provided and$7.00(Seven Dollars)per acre for litter control,paid in current funds at the unit or total prices, at COMPANY'S own proper cost and expense, including all materials, supplies,machinery,equipment,tools,superintendence, labor, insurance, bonds and other accessories and services necessary to complete delivery of same, in accordance with the contract documents, hereinafter defined,and subject to such additions and deductions as provided therein. CONTRACT DOCUMENTS The contract documents shall consist of this written agreement or Contract, provisions of this Contract including General Clauses and Conditions, Special and all other Provisions, Advertisement for Bid, Invitation to Bid, Instruction to Bidders, Bidder's Proposal, all Addenda issued prior to award of Contract, any plans which include all maps,plats,blueprints,and other drawings and printed or written or explanatory matter thereof, the technical specifications and all other documents identified as pertaining to this agreement, all of which have been identified by the CITY and COMPANY. The contract documents constitute the entire agreement between the CITY and COMPANY,and all are as fully a part of the Contract as if attached to and repeated in this agreement. The contract documents may be altered,amended or modified only as provided herein. PURCHASE/WORK ORDER The services to be provided under this Contract shall be delivered/commenced by COMPANY upon final execution of this Contract and on a date to be specified in a written notice to proceed in accordance with the contract documents. Time is of the essence for this Contract. MODIFICATION AND ASSIGNMENT This Contract may not be altered;modified or amended except in writing properly executed by the parties and may not be assigned to a third party. TERMINATION Unless otherwise provided in the contract documents, CITY may terminate this Contract at any time without cause with thirty-(30) days written notice. Additionally,CITY shall have the right to cancel this Contract if COMPANY fails to provide the goods and/or services in accordance with the Contract Documents after giving seven-(7)days prior written notice. Irrespective of which party shall effect termination or the cause therefore, CITY shall within thirty-(30) days of termination compensate COMPANY for any delivery of goods and/or services made up to the time of termination. No amount shall be due for lost or anticipated profits. TERM The term of this Contract shall be an initial term of one(1)year beginning October I,2008,and ending September 30, 2009 unless terminated by either party under the terms set forth herein. This Contract shall automatically be renewed, without need for formal action, for two one-year terms beginning the same day of the initial term, unless earlier terminated as provided in the contract documents. Any proposed rate increase shall be submitted to the City in writing at least sixty(60) days prior to the contract renewal date. Rate increases shall be subject to negotiation and the mutual agreement of both parties. GOVERNING LAW AND VENUE The parties agree that the laws of the State of Texas shall apply to and govern this Contract;venue for any legal proceeding shall be held in Collin County,Texas. INDEPENDENT CONTRACTOR/INDEMNITY It is agreed for all purposes hereunder, the COMPANY is and shall be an independent contractor and shall not, with respect to their acts or omissions,be deemed an agent or employee of CITY. COMPANY agrees to indemnify and hold harmless and defend CITY, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys'fees and other reasonable costs arising out of or resulting from COMPANY'S work and/or activities conducted in connection with or incidental to this Contract and from any liability arising out of,or resulting from,the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of COMPANY,including but not limited to its officers,agents,employees,subcontractors,licensees,invitees,and other persons. COMPANY further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licenses, invitees and other persons, as well as their property, while engaged in the delivery of such purchases and/or services pursuant to this Contract or while on City's premises where the services are being provided. It is expressly understood and agreed that CITY shall not be liable or responsible for the negligence of COMPANY, including but not limited to its officers, agents, employees, subcontractors,licensees,invitees,and other persons. Further,CITY assumes no responsibility or liability for harm, injury,or any damaging events which are directly or indirectly attributable to premise defects, real or alleged, in the vicinity where such purchases and/or services are to be delivered by COMPANY,which may now exist or which may hereafter arise upon the premises,responsibility for any and all such defects being expressly assumed by COMPANY. COMPANY understands and agrees that this indemnity provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such premise defects or conditions, including but not limited to any such claim asserted by or on behalf of COMPANY,including but not limited to its officers, agents,employees,subcontractors,licensees,invitees,and other persons. It is further agreed with respect to the above indemnity, that CITY and COMPANY will provide the other prompt and timely notice of any event covered which in any way,directly or indirectly,contingently or otherwise,affects or might affect the COMPANY or CITY,and CITY shall have the right to compromise and defend the same to the extent of its own interests. DISCRIMINATION REGULATIONS COMPANY, in the execution of this Contract and particularly in the employment practices engaged in, agrees that it will not discriminate on the basis of race,color,religion,national origin,sex,age,handicap or disability. NOTIFICATION All notices and communications required herein shall be personally delivered or mailed to the other party by United States certified mail, return receipt requested. Unless otherwise changed in writing by the respective party, notice intended for COMPANY shall be sent to the COMPANY's address as shown on COMPANY's Proposal; notice intended for CITY shall be sent to: City of Wylie,Office of the Purchasing Agent,2000 North Highway 78,Wylie,Texas 7509S.Mailed notices shall be deemed to have been received three-(3)days after mailing. IN WITNESS WHEREOF,CITY and COMPANY have executed this Contract in two(2)counterparts,each of which shall be deemed an original, the day and year first written above. CITY OF WYLIE(CITY) (COMPANY) By: By: ,City Manager (Signature) Printed Name: ATTEST: Printed Title: By: ,City Secretary Acknowledgment State of Texas, County of Collin: Before me the undersigned authority on this day personally appeared , known to be the person whose name is subscribed to the foregoing document and known to me to be the (title) of (company name) and acknowledged to me that (s)he executed said document with full authority to do so and for the purposes and consideration expressed therein. Given under my hand and seal of office the day of APPROVED AS TO FORM: By: City Attorney(or designee) Notary Public in and for the State of Texas I/it Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 11, 2008 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2008-43, amending Ordinance No. 2006-01 (Planned Development) to allow for flexibility of wall signage by establishing provisions within the CC zoned designation of the Planned Development District. ZC 2008-09 Recommendation Motion to approve Ordinance No. 2008-43 amending Ordinance No. 2006-01 (Planned Development) to allow for flexibility of wall signage by establishing provisions within the CC zoned designation of the Planned Development District. Discussion Owner: Direct Development, Inc. Applicant: Joshua Cogburn, Johnson Architects Zoning Case 2008-09 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. 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. Approved By Initial Date Department Director RO 09/1 l/08 f City Manager 'f l IV7Il�?4 Page 1 of 1 ORDINANCE NO. 2008-43 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 2008-09, AMENDING PLANNED DEVELOPMENT-2006-01; TO ALLOW FOR FLEXIBILITY OF WALL SIGNAGE BY ESTABLISHING PROVISIONS WITHIN THE CC ZONED DESIGNATION (FOR RETAIL & SERVICE USES) OF THE PD DISTRICT. 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 Planned Development District, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Planned Development Conditions), Exhibit "C" (Location Map) 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. 2008-43 Amending Zoning Ordinance Planned Development 2006-01 Zoning Case 2008-09 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 23`d day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 1, 2008 Ordinance No. 2008-43 Amending Zoning Ordinance Planned Development 2006-01 Zoning Case 2008-09 Exhibit"A" Legal Description Zone Case#2008-09 Tract 1 Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being part of a 111.848 acre parcel of land called Tract 1, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas (DRCCT), and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly described as follows: BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the west line of said William Sachse Survey and the most westerly line of said Tract 2 and also being in the south right-of-way line of F.M. Road No. 544 (120' R.O.W.); THENCE North 89 degrees 44 minutes 08 seconds East with said south right-of-way line of F.M. Road No. 544 (120' R.O.W.) and with the south line of a 0.5572 acre tract of land conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page 2146 of the DRCCT, passing the common line of said Tracts 1 & 2 at 1215.89 feet and continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by Iona H. Ingram, in all a total distance of 1987.83 feet to a concrete TXDOT monument found for corner, the top of said monument being destroyed; THENCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas tract 696.26 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the east line of said Tract 1; THENCE South 00 degrees 35 minutes 49 seconds East with said east line of said Tract 1 a distance of 1000.00 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" set for corner; THENCE South 89 degrees 47 minutes 30 seconds West a distance of 2690.00 feet to a 5/8" iron rod found with yellow plastic cap stamped "RPLS 5405" set for corner in said westerly line of said Tract 2; THENCE North 00 degrees 15 minutes 30 seconds West with said westerly line of said Tract 2 and said west line of William Sachse Survey, generally along old fence line, at 20.38 feet passing the northeast corner of a 5.955 acre tract of land conveyed to Harry M. Breen and Joyce E. Breen in a deed recorded in Volume 1692 at Page 0804 of the DRCCT and continuing for a total distance of 1000.00 feet to the PLACE OF BEGINNING and containing 2,689,651 square feet or 61.746 acres of land, more or less. Tract 2 Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being part of a 111.848 acre parcel of land called Tract 1, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas (DRCCT), and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the west line of said William Sachse Survey and the most westerly line of said Tract 2 and also being in the south right-of-way line of F.M. Road No. 544(120' R.O.W.); THENCE North 89 degrees 44 minutes 08 seconds East with said south right-of-way line of F.M. Road No. 544 (120' R.O.W.) and with the south line of a 0.5572 acre tract of land conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page 2146 of the DRCCT, passing the common line of said Tracts 1 & 2 at 1215.89 feet and continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by Iona H. Ingram, in all a total distance of 1987.89 feet to a concrete TXDOT monument found for corner,the top of said monument being destroyed; THENCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas tract 696.26 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the east line of said Tract 1; THENCE South 00 degrees 35 minutes 49 seconds East with said east line of said Tract 1 a distance of 1000.00 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner and the PLACE OF BEGINNING; THENCE South 00 degrees 35 minutes 49 seconds East with the east line of said Tract 1 a distance of 1146.47 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the north line of a called 9.32 acre tract of land conveyed to Texas Power & Light Company, Inc. by Molly H. Sachse et al in Warranty Deed recorded in Volume 574 at Page 411 and amended in Volume 2325 at Page 730 of the DRCCT, from which a 5/8" iron rod found bears South 89 degrees 53 minutes 15 seconds East a distance of 9.68 feet for the northeast corner of said 9.32 acre tract; THENCE North 89 degrees 53 minutes 15 seconds West with the northerly line of said 9.32 acre tract passing said common line of said Tracts 1 & 2 at 1468.34 feet and continuing for a total distance of 2601.01 feet to a 1/2" iron rod found for the northwest corner of said 9.32 acre tract and being in a west line of said Tract 2; THENCE North 00 degrees 36 minutes 59 seconds West with the west line of said Tract 2 a distance of 658.47 feet to a 4" steel fence post found for corner, said fence post also being the northeast corner of a 1.4112 acre tract of land conveyed to the City of Sachse, Texas, a municipal corporation, by deed recorded in Volume 2344 at Page 375 of the DRCCT; THENCE North 85 degrees 39 minutes 12 seconds West with the north line of said City of Sachse tract and along fence line passing a 4" steel fence post at 90.54 feet and continuing for a total distance of 92.00 feet to point for corner in said west line of said William Sachse Survey, said point also being in the east line of a 4.983 acre tract of land conveyed to Harold W. Criswell by Warranty Deed with Vendor's Lien recorded in Volume 4005 at Page 2258 of the DRCCT; THENCE North 00 degrees 15 minutes 30 seconds West with said westerly line of said Tract 2 and said west line of said William Sachse Survey, generally along old fence line, at 194.64 feet passing a 3/8" iron rod found for the southeast corner of a 5.955 acre tract of land conveyed to Harry M. Breen and Joyce E. Breen in deed recorded in Volume 1692 at Page 0804 of the DRCCT and continuing for a total distance of 466.13 feet to a 5/8" iron rod with plastic yellow cap stamped "RPLS 5405" set for corner; THENCE North 89 degrees 47 minutes 30 seconds East a distance of 2690.00 feet to the PLACE OF BEGINNING and containing 3,005,416 square feet or 68.995 acres of land, more or less. Tract 3 Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being part of a 111.848 acre parcel of land called Tract 1, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas (DRCCT), and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the west line of said William Sachse Survey and the most westerly line of said Tract 2 and also being in the south right-of-way line of F.M. Road No. 544(120' R.O.W.); THENCE North 89 degrees 44 minutes 08 seconds East with said south right-of-way line of F.M. Road No. 544 (120' R.O.W.) and with the south line of a 0.5572 acre tract of land conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page 2146 of the DRCCT, passing the common line of said Tracts 1 & 2 at 1215.89 feet and continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by Iona H. Ingram, in all a total distance of 1987.83 feet to a concrete TXDOT monument found for corner, the top of said monument being destroyed; THENCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas tract 696.26 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner in the east line of said Tract 1; THENCE South 00 degrees 35 minutes 49 seconds East with said east line of said Tract 1 a distance of 2146.47 feet to the north line of a called 9.32 acre tract of land conveyed to Texas Power & Light Company, Inc. by Molly H. Sachse et al in Warranty Deed recorded in Volume 574 at Page 411 and amended in Volume 2325 at Page 730 of the DRCCT and continuing for a total distance of 2296.64 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner and the PLACE OF BEGINNING; THENCE South 00 degrees 35 minutes 49 seconds East with the east line of said Tract 1 a distance of 944.16 feet to a 4" steel fence post found for corner from which a '/a" iron rod found bears North 29 degrees 13 minutes 02 seconds East a distance of 0.72 feet, said fence post being the southeast corner of said Tract 1 and the northeast corner of a 99.694 acre tract of land conveyed to North Texas Municipal Water District by deed recorded in Volume 2281 at Page 358 of the DRCCT and also being in the westerly line of a 51.531 acre tract of land conveyed to B.C. Wood and Nettie Wood by deed recorded in Volume 1120 at Page 856 of the DRCCT; THENCE South 88 degrees 21 minutes 00 seconds West with the southerly line of said Tract 1 and with the northerly line of said North Texas Municipal Water District tract and generally along fence line, passing the southwest corner of said Tract 1 at 1468.48 feet and continuing with the southerly line of said Tract 2 for a total distance of 2195.99 feet to a 4" steel fence post found for corner; THENCE North 42 degrees 32 minutes 01 seconds West with a southwesterly line of said Tract 2 and with an easterly line of a 5.5445 acre tract of land conveyed to the City of Sachse, Texas, a municipal corporation, by deed recorded in Volume 2344 at Page 375 of the DRCCT and generally along fence line 499.61 feet to a 4" steel fence post found for corner; THENCE North 01 degrees 40 minutes 30 seconds West with a westerly line of said Tract 2 and with an easterly line of said City of Sachse tract and generally along fence line 582.46 feet to a 4" steel fence post found for corner; THENCE South 85 degrees 25 minutes 50 seconds West with a northerly line of said Tract 2 and with a northerly line of said City of Sachse tract and generally along fence line 60.41 feet to a 4" steel fence post found for corner; THENCE North 00 degrees 36 minutes 59 seconds West with a westerly line of said Tract 2 and with an easterly line of said City of Sachse tract and generally along fence line 67.03 feet to a'/2" iron rod found for corner, said iron rod being the southwest corner of said 9.32 acre tract; THENCE South 89 degrees 53 minutes 05 seconds East with the southerly line of said 9.32 acre tract 2600.96 feet to the PLACE OF BEGINNING and containing 2,431,529 square feet or 55.820 acres of land, more or less. EXHIBIT "B" PLANNED DEVELOPMENT CONDITIONS PD 2006-01 SECTION 3.10 SIGNAGE (ZONING CASE 2008-09) • Occupants with 60 feet or more of lineal frontage of building wall shall be allowed to install wall signs on each face of their building not to exceed 75% of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 7 feet. Ex: 250 feet of frontage x 0.75= 187.5 total allowable width for signs • For occupants with less than 60 feet of lineal frontage of building wall, wall signs on each face of their building shall not exceed 75%of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 4 feet. • Any occupants of buildings located within 300 feet of the property line along FM 544, shall not have wall signs that exceed 4 feet in height. • Target shall be permitted to install its corporate logo bullseye (i) not to exceed 12 feet in diameter on the side and rear of the building, and (ii) not to exceed 9 feet in diameter on the front of the building. • Side and rear wall sign shall not exceed in square footage area or be greater in size than sign mounted on the front of the building or lease space. t�i � rirlritrrrrr --,- ° m.... • rrrrrrr1/1111101r«r : r ,2" --LI ' (i **swoon Iffil ! ._- ell milliirll1 is ► C ._., • _.. figtHill Atl�,♦l//in C ii rialM �11111�III1���AMM l' -_ _ �111�► i= `�1,f� i11111011111 a i1! II •�r%l/!111■ n Murphy City Limitsit �m _ i IT S i _ r._. i i r�rir� 'Jumbo' ____ L__ [ \1�1i1i iisiiri in—,......i_RER ,.. =, , a . i'-.-4------ I , , L i i _ i : _ i y«� i _ _ i :1 i_i pl Reetl ! i Hr i ! ; i t i O i N ; Y i 1 i - t C Ofl�C SFflGt !ii iii ......-.._.._._.._', i i Li; i f EXHIBIT '. .. LOCATION MAP Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: G (City Secretary's Use Only) Department: Planning Prepared By: Renae 011ie Account Code: Date Prepared: 09/03/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Replat for Woodbridge Crossing, Block A, Lot 3 (Viewpoint Bank) creating a single lot of 1.41 acres, generally located at the southeast corner of FM 544 and the extension of McCreary Road. Recommendation Motion to approve a Replat Plat for Woodbridge Crossing, Block A, Lot 3 (Viewpoint Bank) creating a single lot of 1.41 acres, generally located at the southeast corner of FM 544 and the extension of McCreary Road. Discussion The applicant is proposing a Replat of Woodbridge Crossing, Block A, Lots 3 & 4. The purpose for the replat is to dedicate fire lane, access and utility easements necessary to accommodate the development of the property. Planning & Zoning Commission recommended approval of the original final plat in March 2008 and the plat was subsequently approved by City Council in April 2008 to accommodate the construction of 17 lots on approximately 65 acres for a commercial shopping center. Infrastructure for the shopping center is under construction at this time. This property consists of two lots on 3 acres. A site plan for Lot 3 was approved by the Planning and Zoning Commission on September 2, 2008 for a financial institution with drive-through window. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 09/03/ 8 City Manager M/Oci / Page 1of1 11 !-! ,„,---N�'CI _ E P °G'o I 91 ,=gi n CC i V LOT 21, ' • G.. N uN a 2 VICINITY MAP FARM MARKET ROAD N O . 5 4 4 - - - - - - -",. • .1011,_.,_...1 �� w.m . o-.., a >;m.,.�_.. - - - - - - -- Frew N IEgNNO1O .w.ma=,,„ L N 89'41 O8'E 5I5.76• I DR.L..T. EnNEW N,.w�..,,.._a, .°.�. 4 r I y 0 p. y. y, 4 k ..FL. ,.. w, s� ` 4 �g �� 06 LA .96- ,.2 'II C4 KK a• N LOT s►BA 4° g 1.6160 AC. il"ge ` CROSSING ADMION +�. 0,I LOT 8 ACCEME,.E,"'F ,.> 1.4094 AC. BLOCK 'A' v LEGEND .,y., NE a n , • T.\ '''''`, , PROPPED GPO RETPILPLOWERCLO • 0 C3 `°`"`"r t;--,s ..,-,-------- S 89'44 30' W- 202.05E r_-_-- / cr .°T ,,•.•.[,. "' rx •••c,. '°' 1.GP POPO%Cf.PIS PLAT a TO,m N PPP we..acsa EAxNa, T2dt- 62 N,:,.GGN NE OTTLOOM MOW.NoOf .MO19 _........_...... uo...00.x.wo-«, NCONNmNNE CAMINO MMTUN .n.wuxC a LP..STOP Bnw<POWS POL.2008. -.Ns 1 .N NDR.N rOtEN NPa,TN.mN,NR...R.T_.F_.L. ,,P.0 "." «a.«u.,Nmroar «a�D a Nam.NON..1%.a N.«m • .awrt.T CORNER a/COMM PN..UnI.nON-uaJT CURVE TABLE LINE TABLE ...Ar PON R.O.rOP/O.T ALL LOT m.....ef ORE..SO. CURVE_RADIUS DELTA TANGENT_CHORD LENGTH BEARING LINE LENGTH' BEARING CI _21500' 37.44'40" 73.49' 139.09' 141.63' 570.5270'4N TI _23.23' S89.44'30"W C2 21500' 37°4440" 73.49' /39.09' 141.63' 570'52'1O"W T2 _I.BS' N00'1530"W C3 890.00' 10'S2'20' 80.78" 160.90' '6I12' N05.26'40"W T3 _19.98'- N00,637"W C4 _778.00' '0'21'73. 70.49' 140.40' 140.59' N05'27'13"W T4 49.12' N21'14'S0'W Y 3 68 C6 20.00' 20'5920- 370' 729' ?33' S10!45I0E T6 _1001' NB9'44'OB E p REPEAT C7 2500' 895946 25.00 35.35 39.27 5444415W 77 24.00_ NOO1530W ; CB 2500' 90'00'22. 25.00' 35.36' 39.27' N45•15'41'W TB 4700' S89.44'0B"W LOTS 3 & 4, BLOCK 'A' C9 44.00' 20.5920'. 815' /6.03' 16./2' 610'45'10"E T9 24.00' SOO'l5'30'E CIO 25.00. CII 2500' 18'6625- 34�58' 68.28' 68.57 861'08.02'W TIII 60.37'_, 800'11530BE WOODBRIDGE CROSSING ADDITION I 0l2 21500' 19.28'15- 36.89' 7270 73.06' 580'0022"W 712 4745' 621.14'50'E iC13 _230.00'_8'2874" 17.03' 33.97' 34.00' S65.56'11"W T13 -4700' 589.44'08-W BEING A REPEAT OF 3.0254 ACRES OF LAND AND ALL OF i Cl4 230.00' B'0714' 16.33' 32.57' 132.60' 574'1952"W OWNER(LOTS 3&4) ENGINEER/SURVEYOR LOT 3 & LOT 4, BLOCK 'A' OF WOODBRIDGE CROSSING ADDITION WOODBRIDGE CROSSING,L.P.C/0 DIRECT DEVELOPMENT IAWRENCE A.GATES t ASSOC.,LLP 14800 01.10RU11 OR.,STE.200 WILL/AM SACHSE SURVEY, ABSTRACT NO. 835 CITY OF WYLIE, 2001 BOSS AVENUE,SUITE 4501 DALLAS,TEXAS,75254 COLLIN COUNTY, TEXAS 1 DALLAS,TEXAS 75201 (972)385-2272 N (21 A)881-5222 CONTACT:BRYAN N.BURGER,P.E. SEPTEMBER 8, 2008 CONTACT:OAVID S.WATSON SHEET 1 OF 2 OWNERS CERTIFICATE OWNERS DEDICATOR STATE OF TEXAS SURVEYORS CERTIFICATION COUNTY OP U NOW.THEREFORE.KNOW ILL HEN BY MESE PRESENTS: KNOW ALL YEN BY THESE PRESENTS.COIN MO WODOBRDOE CROSSING,L P.,A OHlEMME LINED M1VRNER9V ACTING HEREIN BY µDI TWO..THEIR µ I.UHAENCE GES,DO HEREBY LAND THAT T THE 0O THIS PUT WHEREAEMOM .S CERTMNS. T,TRACT A T O LP.,A OSI SITUATED IN THE PARTNERSHIP E UR DIRTIER TR ALL THAT DULY AUTHORIZED OFFIGMS,00 HEREBY ROOF THIS RERAT DESIGNATING THE HEREIN ABOVE DESCRIBED SHOWN THEREON REO.CURATE SE WERE SURVEY OF LY UCE.HAD ER ME pbBER MONUMENT$CERTNN LOT,TRACT OR COLLIN COUNTY.UN LAND AS.A ND N ME TLOT o SACHSE 4 OFW',ABSTRACT N0.635, NHOCN THEREON 11 SET HERE PROPERLY LANCE OP RI W PERSONL SUPOMSMIN N ME plA OF Y/TIE.GOWN TYOTEUE,AND ALL OF LOT 3 µ. LOT 4 IN WO0 THE PLAT CROSSING TOUS.M AS 1013 3 B 1.BLOCK'IN FEE SIMPLE. CR059W PUBLIC USE FOREVER. EVER.T TO THE CM OF WIUE, ACCgDµCE MITH ME SUBDIVISION ORDNANCE OF ME Ott OF NNW. RECORDED µ 1410E TO.P NES OF WILE,GOWN COUNTY.TEXAS ACOORONG TO ME PLAT THEREOF TEKAC AND DO HEREBY OfDPUBLI N FEE SIMPLE TO THE POBID USE STREET THE!ALLEY!. WORE PAR IN VOLUME DESCRIBED PACES 490-495 OF U MAP RECORDS OF COLLN COUNTY.TEXAS AND BEING RIGHTS-OF-WAY.ORY,MOE OPUR PUS, E EASD ERNSSHOWNPUBLIC LICRUS0 02.OS SHORN. ANDRN.NE D IF ANY ARE MORE PARTICULARLY DESCRIBED BY METES AND 0UNp5 AS FOLLOWS: DEDME PUBLIC FOR FORE 4.PURPOSES.THE POSES IN AND PIBLM USE MEAN,AS SHORN.ARE S,TREES. FOR PRELIMINARY THE B OR USE FOREVER FOR ME PURPOSES INDICATED B OI1 MS PUT.ND B.M U FENCES,iOR A EEGNNNG AT A 5/6`NON ROD FOUND FOR NRMY.EST CORNER OP LOT 3 OF SAID LOWBROW GROSSING THEE 0R OTHER SHORA 1EX15 OR CROWNS UND SHIM.BE CONSTRUCTED OR PUCPO UPON,OVER 0R ALmna MOTOR 5AI0 RHO BONG AT THE INTERSECTED OF MCCREARY ROAD W'RIGHT-OE-WAY)AND FARM E PROVE NB ARE CITY EXCEPT TF R E car OFFE YLIE.NIPR I ADDM WV BE FNACED N S MAY AL EASEMENTS.EUSE RELEASED MENTESHA 4 pBB FOR REVIEW R PURPOSES RPOY. MARKET ROAD NO.544(120'RUNT-OF-WA , (1 FOR APPROVED MU 40 IRE CHIT C ACCOMMODATION 10 THE CIF HAUBI IN MUTES SHINY O USE OR MAY ALSO BE USED THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PIIRPOSC. h. ME HE EASEMENT MENUSE AND ACHE UO 10 OF ALL PUBIC OS,USRO USE RI TO USE ORES BEND SAME LANSE E A DATES,P.E.,LANDS. MUMS THE EASEMENT WIC ME USE TOHIEPARTICULAR E THERE SW USE BY PUBLIC MUTES BEND REGISTERED PROFESSDINL LAND SURVEYOR N0.321T THENCE NORTH SAO EAST WOODBRIDGE CRG THE COMYED LNE OF 5AO FARM MARKET ROAD NO.544 µDI TINE 54BJRIA'HNE lO ME Fl.BLIC'S AHD CRY O"W9E5 VSE THEREOF. NORM U NE OF SAID NONCO CH05ONC T 4 AN FORA DISTANCE OF 515.76 FEET TO A 5/8`TRW ME 010 OF N11E AND PU01C URNY FIRES SHALL HAVE 11E RXNT TO REMOVE 50 KEEP REMOVED ALL C R RR FOUND FED ME CONNED CANER OF LOT 4 µ0 LOT 2 OF SAID MORBRIDO CROSSING ROOTED: PITS OF ANY BUIDINGS,FENCES,1REE5,SHRUBS OR OTHER IMPRO,DAEHTS OR CROWNS WICH MAY IN ANY THENCE ALONG THE COMMON ONE OF LOT 4 AND LOT 2 OF SAID 90000805E CROSSING ADM0ED MESS WAY OQWGER OR INTERFERE NIFI THE LGNSIRUCTNY,ALWIfENAHO,OR EFF.CEH(. OF TIERRESpECTNE NOTARY RIVE COURSES AND 95 00i: T I SAO 05EMENCIE.T CRY OF WYUE AND PUBIC MUTT ENTITIES S SHALL AT A TIES HAVE THE FULL ROB OF INGRESS µ0"CRESS TO OR FROM THOR RESPECTIVE USE EI5 FOR THE PURPOSE OF STATE OF TEUS SHAM Wl5'W'EAST FOR A gSiµCE OF 231.99 FEET TO A 5/e`NON ROD POUND FOR CORNER ROOMS RECONSTRUCTING,INSPECTING.PATROLLING,MANTANING,READNG METERS,ND AMID TO OR COUNTY OF DMAµ FOOMS ALL ON FAM OF TEN RESPELTME Sr...IMNOIT ME NELMS,AT ANY TINE PROCURING PND RS O DNSROM ANYONE.THIS ROUT APPROVED SUBJECT TO ALL PUTTING ORDIIWICES,RUES,REGULATORS BEFORE ME.TIE UNDERSIGNED AUTHORITY.ED THIS DAY PERSONALLY APPUAED UWRENCE A SHAM O 0(1NC HEST FOR I DISTANCE OF TANGENT CURVE FEET TOE 5//6T HA N RR FOURS FOR 15.0ECORNER, AND PESOLURKKRS OF ME CITY OF HATE,MOS. CATES.KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE'OREGON° A O RR BONG THE BEGINNING O A 0(0040 WAVE TO ME I70 HAVING A AT A OF 0 EIS ANFEET.E INSTRUMENT.µD ACKNOREDCW TO ME IRO HE OIECUTE0 THE SAME FOR ME PURPOSE O CENTRAL ANGLE OF 3T44'40`,AND A CHORD BEARING SHAM T05210`WEST AT A CHORD DISTANCE OF 139. AND CONSIDERATION TFIEREN STATED. W FEET: WITNESS,MY HAND,TH5 THE__DAY OF .20D8. ALONG SAID TANGENT CURVE TO ME LEFT AN ARC OMAN.E DF 14I.63 FEET TO A 5/8'IRON ROD FOUND FOR CORNER,SAID RW BEING THE BEGINNING OF A REVERSE CURVE TO ME R1001 HAVING A GLEN UPON MY NAND µ0 SEAL OF OFFICE MS DAY OF .0004 RATS OF 215.00 FEET,A CENTRAL ANGLE OF 3T'N'40`,AND A CHORD BEARING SOUTH 1052'10` AT A CHORD DISTANCE OF 139.09 FEET: MOODBRDOE Yeses,LP., ALONG SAID REVERSE W PP WRVS TO E RIGHT µ ARC DISTANCEOF 141.63 FEET TO A 5/8`IRON RW A WUMARE LXATED PARTNERSHIP FOUND FOR CORNER; BY: WOODBRIDGE CROSSING W L.L.C. SHAM 59.44'30.HEST FORA DISTANCE OF 23.23 FEET TO A 5/6'NON RW FOUNO FOR CORNER,SAID A DEWWµ LIMITED LIABILITY LIMIT LIAB10UTY COMPANY NOTARY PUBLIC N µ0 FOR THE STATE OF TEUS AP COMNSSIED EXPIRES RR ALSO BONG IN ME EAST LNE OF SAID IMOREARY ROAD; ITS 0.F.PARTNER THENCE KONG ME COMMON UNE O SAID MCCREARY ROAD AND LOT 3 OF 5N0 WOODBRIDGE GROSSNG ADDITION THESE FOUR COURSES AN)DISTANCES: NORM 00I5'30`LEST FORA DISTANCE OF 1.86 FEET TO A 5/6`IRON RW FOUND FOR CORNER,SAID wN0 S.WATSON,PRESIDENT RW BENG ME BEGINNING OF A TANGENT CURVE TO ME LEFT HAWFG A RADIUS Of 890.00 FEET,A CENTRAL ANGLE OF 1022'20`,AND A CHORD BEARING NORTH 0526'40'WEST AT A CHORD DISTANCE OF 160.90 FEET; ALONG SAID TANGENT CURSE TO THE LEFT AN ARC DISTANCE OF 16).12 FEET TO A 5/6`IRON RR FOUND FOR COINER,SAID RW BEING ME BEGINNING OF A REVERSE CURVE TO THE RKNT HAVING A RADIUS OF TTBW FEET,A CENTRAL ANGLE OF 1021.13.AND A CHORD BEARING NORTH 0527'13. HEST AT A CHORD USTµ.OF 140.40 FEET; NOTARY RELONMENOR FOR APPROVAL ALONG SAID REVERSE CURVE TO TIE RICERµ ARC DISTANCE OF 140.59 FEET TO A 5/B`IRON ROTF STATE OF TERM FOR CORNER; COUNTY OF DALLASCHVRMW,PARR.E Z.NG COMMSSION — DATE - NORM 03}6'37.LEST FOR A DISTANCE OF 19.98 FEET TO THE PONT OF BEGINNING AND CWTANINC CITY OF MITE TExµ 3.0254 ACRES OF LAND,MRE OR LESS. BEFORE ME ME UX0 D NTRN0IY,ON THIS DAY PERSFAW 1 Y APPEARED WAD 5.WATSON, RHO 6 KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREOONG INSTRUMENT, AND. R TO ME MAT HE ERECUTED ME SAME FOR THE PURPOSE AND CONSIDERATION APPROVED FOR CONSTRUCTOR THED,TYEN UPON NY NAND AND SEAL OF OFFICE TH5 DAY OF_ ANON MAYOR.CITY OF RILE.TEXAS DATE ACCEPTED NOTARY PIBUC IN AND FOR ME STATE OF TOM NY COHMISSON EMPIRES YAYOR.CITY OF WY LIE.TEYAS DATE - THE UOERSSNEO.DE CRY SECRETARY OF THE CITY OF WYUE.TONS,HEREBY CERI0TES TNT THE FOREGOING REPUT µ LOTS 3 II 4,BLOCK W.M0006RDOE CNCSWNG AORON TO THE CITY OF W1UE WAS SUBNR1FD TO INE CRY COL/NOL ON THE MY CF PEN µD MERE ACCEPTED THE MERCATOR OF S101(10.ALLEY.P.M EASEMENT. C PACES,µ BP FORMAL D LATER µ0 SEWER UNES AS SHOWN MD SET FORTH N AND UPON SND PAT µD 5R0 COUNCIL LAMER AUTHORIZED THE MAYOR TO NOTE TIE ACCEPTANCE THEREOF BY S0NIIHG MS NONE AS HERENABOVE SUBSCRIBED.WITNESS MY HUD PM _DAY O CITY SEANTARI G E CITY OF M ,TE0S i f 6. REPLAT LOTS 3 & 4, BLOCK 'A' I WOODBRIDGE CROSSING ADDITION s BEING A REPLAT OF 3.0254 ACRES OF LAND AND ALL OF OWNER(LOTS 3 a 4) ENGINEER/SURVEYOR LOT 3 & LOT 4, BLOCK A' OF WOODBRIDGE CROSSING ADDITION B CWOODBRIDGE CT DEVELOPMENT u14300E A.QUORUMEDR.,ASSOC.,. WILL/AM SACNSE SURVEY, ABSTRACT NO. 835 CITY OF WYLIE, 2001 ROSS AVENUE,SUITE 4601 DALLAS.TEXAS,75254 COLLIN COUNTY, TEXAS g GALLAS.TEXAS 75201 (972)3E15-2272 (214)891-3222 CONTACT:BRYAN M.BURGER,P.E. CONTACT:DAVID S.WATSON SEPTEMBER 8, 2008 i e S4E1 r 1 OF 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: H Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 09/03/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat for Wylie Church of Christ creating one lot on 2.3785 acres, located at 901 South Ballard Street. Recommendation Motion to approve a Final Plat establishing one lot on 2.3785 acres for Wylie Church of Christ, located at 901 South Ballard Street. Discussion The property is currently owned by the Wylie Church of Christ and currently totals 2.3785 acres. The purpose of this plat is to combine several separate lots from the Caldwell Estates Addition (platted December 1973), dedicate right-of-way on Pirate Drive to the City, and allow for the abandonment by the City of 1817 sq. ft. at the west end of Duncan Way. The plat would allow the church to continue planning on a proposed 16,194 sq. ft. addition to the existing 10,647 sq. ft. building. The Duncan Way right-of-way abandonment was approved by City Council on August 26th, 2008. Payment was rendered on August 27t`'and the abandonment would become final upon City Council approval of and the filing of this plat with the County. The Final Plat complies with all applicable technical requirements of the City of Wylie for recommendation of approval. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 09/02/08 City Manager g1/ /i /c Page 1 of 1 CURVE TABLE DwxER•s CERTIFICATE CURVE RADIUS CENTRAL ANGLE LENGTH CHORD BEARING CHORD LENGTH COUNT OF inwx Cl 170.00. 20.04'16" 58.55' S78'45.30•E 59.25• I CS 155.00' 20.02'33" 54.22' 278'41'39"E 53.84' WHEREAS,the a Churchof„mist Is the ownerAlo Wool of fond f-,8Ae Allen After..B. survey,Abstract No.2 n the Wylie,call; County.Texas.and being a portion o Ouncon W t right-of-ways,oil of Lots e 7 and B.o a portion Cl Lots e,ID,n11 Cana 12,ARook 3,^ BOUNDARY LINE TABLE LINE TABLE all of Loh 7 and ft,a n a portion of plot 9 and 10 o eta portion.r fear y,Block 4, ALDWEL ESTATES,an Volume ad,torn the City of nWylle, LINE BEARING LENGTH LINE BEARING LENGTH innCounen Texas according to o n in Volume 4.Page 40,Plat Records.Collin County, • e Wylie / ALi N8E.24'00"W' 17.36' ed Lt _ Remrda�Collln Christ by Texas.repo..In ^0.45,Po„lot 2.dl.0 m e Page 6 Volume.927,Page 569,and --m e956 tPage 52 blic 548'09.20"E 20.94' County.Texas,and bong au le pin o Duncan Noy s ec�ONed in Instrument No,_ Otllcoi convey.. Blx SB9'24'00"E 21.03' I3 ,,,,,,00"W 25.00' Records.Collin County.Te and being m ncularry described by frees n bounds as cabers: r L3 NB043'2.-W 39.98' Beginning el o I/2 Inch Iron rod set with yellow stamped"O.CALA. erne and being F Northeast Ion•of Plrot•O L4 N00'26.03"E 15.00' (0 so No gh1-el-way)and me Southeast ine or S.Ballard Avenue(o v 6e width rt�hf-all-way), polo b curve to tie left having or / IS S01.39.33"W 7.00' 634.00 Nu,a dells of 20 degrees 50 minutes 26 ceone..and ad chord Mal an NoST 29 degrees t44 bet. 13 seconds'East.o rotlius of p In o L6 N89'23'47"W 47,10' f.1.69 is tlRAPHIC SCALE L7 SDP3693_W tR,AO' tls anceobnp Me seulheoa,Nn o s.BaaoM A enpt s Nngln of SOs.36 t a 1/2 In 1B SB9'23'4] 46.92' i r v0L ssu se.mum IB Sri 1'39'33"W 33.00' wSm+� nap et pod"D.C.dA,11N[. ter corner,oneubelnq the In enecrlon o1 me saulbemt Iona o+gold S.Ballard Avenue and+M1e cSoumnllne of o 1 lien EMI tt / Thenee 11So South 89 degrees 24 minutes 00 seconds Eesh along the South a J of sold 15 fool all a distance of 238.13 feet to o 1/2 inch Iron rod round to rner on being he Northwest corner of Lot 6,Bock 3 of CALDWELL ESTATES, `��. Y Thence Sou.00 degrees 48 m s West,o In sole rata .of 115D0 feeta 1'2 In ironroes t / 61110TAEg tlly 11� Duinconcap Way: p.c,eA.INC. for corner,and going t e Southwest corner a1 sale Lot 6,oiM being In Ins Norrn ring o the remoineer of said n Thence North BB degrees xl m 00 seconds West.von9 M1lline oil remainder ofsale Duncan W e of cl)36I a 1/3 i! �� g _ /if/ / \ t ,xm`w` fwum[m.m'I eareoux inch iron rod set with yellow cap stamped•D,CAA.INC.'l for comer,antl being tthe Northwest corner of the reminder a!said Oncon Way. • �N t 9 c 4 s - �.. / / Em .Gxw o Thence i.+Eegr•.anag imam 33.eaonae weep along the West^a a f 9m .mmna.r of solo Duncan Way, of.old Ouocun feelr o 1/2 W - \ CALDWELL ESTATESI:50 M1 I d y w p o pee"D.C.RA.INC.'r rns rve Southwest comer of to ems alb a Wm to:. SSS tin e e nRBLOCK 3/ !,i ,,s„. inh Ir south Del with yellow ap atrmpe ones,Dar,rl or comeruta.be 9 h remainder of nab f Lot W r tlal a o 3DWE Int Ir r 1/2 s tVD.4 P 60 ..' $ g �l / L G n Iro rod dr'p C.M NC'ol he Norinweal comer of Lot a B«k lief aaie CALDWELL ESTATES. �ti� 3-i-ww / 4 N 1.nc.i.i'ia;na.xr..D xe mratm n3 arem w �in floe wit 1n.ra .ma1a red aeec m.w.alNn.ar a 1s lea a mama.al rLr wAr SITED ` .7.'.-: _. .r`. w d, flans 11°minutes an of ing sold PM1et orb thin Cosner of N a 15 norm eye on wing n ne North me a woe xP rs.l roeaarn... 3 Thmu NortM1 a ones U m s oo seconds West. •North sold Piro.Dmw a etebnce of 236.31 Nor to a •�eaboK I / a._. ..: g -Tea ana..mg an a angle Dam n enxadn m.o ea saroae0*•:a 9 m. rth line m bar alamna.a .a to w m. S p •r• wg \ \ )a "'s Then.Scam BS d. ID mmaen 08 seconds w 1, n sold Pirate Dr.,a f 67.54+ "x- ' 8lY /// \ vYbi •� corner,and being a�gierlor HI at sod Plate OrNe: Radius=834.00' Oo \ Thence N S A tls ees OB 4n to 20 sea es W Z1.Zr�M AT lAId t line Al sold Piro.Drive a dielance of 112.76 feel AL4yt3 L -1y Le0gM303,38' .e / \ \ xc eatb"c Bp nm9 one oonrai q fo3.We�6s Doan rnr or >Bs r a or din. m Ins Point or MAP )HNR=as•'2B- / ._ \ LOT e "'m m non 2 / ;: LOT 5 OWNER'S DEDICATION NOT VICINITY SCALE N2I.Mt3"E'50'2 301.69' \ - / \ / ...----- / '/-- - /s NOW THEREFORE,KNOW ALL MEN C BY acts PRY and: hoer chin h/ \ \ Si WHEREAS.the.Yoh CFuroF o Chdo,acting by through duly hedzetl of Aids NI e.Pastor,don hereby o I,dnlgnolin9 `- BLi N e henln a described p pe b as WYLIE CNORCH OF CHRIST AOpTION.a addition to •Ci i off Ile DNN c ana nor hereby / \ WYIIE CHURCH yw u-- dedicate.In lea// _ CHRIST AODIT N _ Epsom..o ueille simple, wn ore rmeaenicated streets rue ciI shown Rd purposes ialleys Ica r on fhlo plol.No hording*,.._. .. \ L07�{ REA t/�'/J� ▪ _DUNCAM WAY shrubs,or other Improvementsn or rve growths shall u c nAted,n city ar9Wyiieove UM ,Try easements as a y\ / A.BLOCK 3 [saw sa R.o.w. ,, -- or�ielon rr ublb ut ,genes p b pu 044..1. e•s m.un / // \ 1113,608.65 sq.lf. _pr g v▪mi Na by tpubll 011ie. auberainaiteplo the Public's r e Clty o not.T C.of Wylieand tillry seal➢~.Fall have the Hght • \ Y 2.3785 o am°°w t rli�a su a easement u" / \ / / R.O.W.DEDICATION �., m a and keep ootton,rmolnlenan.,o f ony my eo nel.ampeci.s hrubs or sole Easements,rneg rw uw in is le t r // \ / 248,73 schll. ' _ some., 1 mBL2 yPvaYE 1 remove note;...Wootton, e Ingress r.romo ns from or.s or Ih tip lFilvnev marwitn ut tnee purpose C'�cy e�Irp.pde unsl ucpn Desl h9el^go $ hove tho ongl on a din to r vingsa o r entry a g the ..don f / -0.0057 acre, \/r as� / / NET AREA 1nio Woo subject of plotting nordinances,runs,regulations ana resolutions of tie•city of Wylie,Texas,\\ / 103,359.92 real. 'd •vm. 4pr4P \ 2.3728p s LOT 6 �m LOT 5 WITNESS,my approves, a le, has,ma the y o _ _ DOB. // aR/// \ ar9` // J -T - .at Y:.LZ TN at r I t 2 /// \\ Apt`' / / �� gee .. sees. . rve BY: wrie v1ln;n.eaf,.,%, /\/� \f / ,,,, fro :e STATE OF TEXAS innusa / \ / / ; SS COUNTY OF COLLIN Asesst:rx '° ' _ / \ / / / FORE ME t d.n Notaryan all a. me a the // ROW OF . .'..e.,p .„...sees .. ... m VY GERM r.is subscribed to fine xoforegoing r OFFICE,instrument Im.me acknowledged m al e that he/she eeke..30�.some for hm.purposes and considerationsr person BEGINN G/ H, SA, ?g w4! / / \\ eirtpnn.d. �L L'16. / / \ _ o CALDWELL ESTATES UNDER MY HAND A //4f! / '\ Og / / \ f^ BLOCK 4 / • ?A. / / \ VOL.4,PG.40 n Pub..and for the Stole of;eves. / r F 40/ \ -\womnrun"/ ,,;owe, iws our / \ Noto _- / 4pe.e.A./ / '2ja / - ` �M"asN�^'r e L_ SURVEYOR'S STATEMENT. wM/ / `x ` xe9Moo'k Tots Y�-- --'- i.Bryan Connolly.a Registered Professional Lana Surveyor.nc•naee by the Sta.of Te�s,affirm rve under m mom , / � [x `'��s - _ 15 r ALLEY su hlon,fromrecorde aolcumenlarlon,w'nee r o on the ground orng 11 1 canon a.Ira her ntlable docurno.tlon,ana that lhh / / \ $88'1008"W 67.S1 plot subsronllolq complies w the Rues and ReguloNrns of he Texas Board o+ ro.+anal lLand Surveying,rot / N89'2400"W 236.31. \ / �;b gems N. / ''i': • Died mh the__ _day of / mL mine rR tM \ -\ / _ PRUAE DRIVE R RELEASED 08/26/08 FOR REVIEW PURPOSES ONLY.THIS \ 7 Row _ - _ _ DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. v con roe - war,a rM ors Regirartslrea Professional bend Surveyor No.5513 STATE OF TEXAS COUNTY OF GOWN BEFORE ME,m enignee,a Notary P.b1k In and for is County and Stale,On s day personally appeared Bryan Connolly known to to be GENERAL NOTES - --- M0,pe person .ease;ate'..crib.,TS n•.:oIng instrument Imes and oakrnwha edd b that he e.eo a m.dam. or the purpose there. mr BFARNWS ARE RASED ON THE NORTH LINE OF BLOCK 3,CALDWELL ESTATES CERTIFICATE OF APPROVAL ex whosenor slates at sr... ertifl ate t PER PUT RECORDED IN VOLUME 4,PAGE 40,PLAT RECORDS,GOWN COUNTY, W,L5.0.CENTER ADDITION rw N GIVEN UNDER MY NANO ANO S50 OF OFFICE this _day of c rve _2006. TEXAS.(SBY24•00•E) Recommended for Approval VOL.2007,PG. 108 Ma 2)THE REASON FOR THIS PLAT IS TO CREATE t L01. The undersigned,the City Secretory of the City of Wylie,texas 3)NO LOT TO LOT DRAINAGE Will BE ALLOWED. hereby eertifles that the foregoing final plat of WYLIE CHURCH OF _ 4)ANY STRUCTURE NEW OR EXISTING MAY NOT EXTEND ACROSS NEW Dale: __- CHRIST ADDITION,LOT 7A,BLOCK 3,an addition to the City of Notary Public - In and for Ms Stole or resins FINAL PIA; PROPERTY LINES. Chalon. Plannln 8 g ZonIn Commission Wylie,was submltled to the CHy Council on the day of W)SELLING A PORTION Or ANY LOT Is PROHIBITED,AND MAY BE Smar To City of WWI',Texas _,2008 and the Launch,by formal oaxan,Men and WYLIE CHURCH OF CHRIST ADDITION TNOLDINO OF UTILITY SERVICES. Mere accepNd the dedtaa1on of streets,allays,parks,easements, LOT 7A,BLOCK 3 6)IRS-I/9 NCH IRON ROD SET WITH YELLOW CAP STAMPED•D.C.7A.INC." Public giaoes and water and sewer linos as shown and set forth BONG A REPLAY OF A PORTION OF INNCAN WAY,All 7)ACCORDING TO rHE F,f.4M.IN MAP NO.48085 C 0470 G.THIS PROPERTY Approved for Construction In and upon said plat and sold Council further outhrrized the OF LOTS 7 AND 4 AND A PORTION OF LOTS 9,14 it DOES UE RI ZONE X AND DOES NOT LIE WITHIN THE 100 YEAR FLOOD ZONE. Mayor to note acceptors.thereof by signing his name as AND 12.BLOCK 3,AIL LOTS 7 AND 6.ANO A e)GRID COORDINATES ARE BASED UPON CITY OF VALUE MONUMENT(CAL-2) h•r•inobrve dose Hb•tl. PORTION OF LOTS 9 AND 00 10 AND A PORTION OF A 15 LOCATED ON THE NORTH SIDE OF STATE HIGHWAY NO.78 AND WEST OF Date:__ FOOT ALLEY,BLOCK 4,CALDWELL ESTATES SOUTH BALLARD AVENUE NEAR THE SOUTHEAST CORNER OF THE BUILDING Mayor,C'rty of Wylie,Texas. ENGINEER:MONK CONSULTING 103.60845 SOFT./2.3785 ACRES LOCATED AT 104 SOUTH BAWRD AVENUE. Witness my Fared M.__day 01__ 2008 ENGINEERS,INC. ALLFII ATTEWOVE,SURVEY.ABSTRACT N0.23 CITY OF WYIIE,CO LIN COUNTY,TEAS Acceptetl 90o WEST STAR STREET gygyg CO•IMY a A8900MTRS,INC. LATITUDE: 3500'K.3]65T' `ARP a Zxmi2.1.3 IU ASso LONGITUDE: 96.32'20.70352• City Swnlory r mx.xrxa>m 1T,//'� NORTHING: z,057,346.]94 DOA...,.egwr�P.O.BOX sat Red ;w AxAs STING: ,389.521.0M _ Deli:- - City of WYlle,Taros. OWNER:WYLIE CHURCH OF CHRIST LLL��, 214.31911. ELEVATION: SSD.23B' sem Mayor,City of D011e,Texas. Wu[,mass]saee scM. .E 1 r0./DAM vs,RA]vine/sae WY.0m1m1-1/OW.ere co jtV, Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: I Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 09/17/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM 544 and Commerce Drive. Recommendation Motion to approve a Final Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM 44 and Commerce Drive. Discussion The property totals 1.38 acres and is currently unplatted as a part of the E.C. Davidson Abstract as one tract. The applicant is proposing to divide the tract into two parcels of approximately 33,000 and 27,000 square feet in order to develop two separate restaurant uses, of 2,763 and 2,239 square feet respectively, on the divided property. Lot 1 will obtain access from two existing drives off Commerce Drive. Lot 2 will have direct access from FM 544 with cross access to Lot 1. An existing non-conforming building has recently been demolished on the property. PLANNING & ZONING COMMISSION DISCUSSION A Site Plan was approved 7-0 on August 5, 2008. Access to Lot 1 will be by a one way entrance only at the southern drive from Commerce. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director RO 09/17/08 City Manager 01 IV\ VOt Page 1 of 1 d� u'NOTICE• OWNER'S DEOICARa. ` } W Selling a albs .additln by met.s abounds is WHEREAS Guillermo PMoee.deft,as the duty ao..M.agent ona/a r .motive 0i F7.Ornd anal tides of CitlI pdnnce and Slate Law an u pc!° Properties.LP and Pop olenre,LP, •ode owner of a 1.38 owe tract of land situated'n the E.C. to Mee one withhdding of.flutter and bu9eng permits Da...Survey,Abstract No.266,nnCdln County,Tway.end beinr ail o con.... -Recommended 1 F silvan Properties,LP by deed recorded n Document No.a a bof tthe Deed Records of n or Apwovd' Collin Coun„e Texas.end bens ell of a Moat of lore cnwysE.PP y Holdings.LP by deed rwweed In Document al the Deed Records of Col.County.Tex.,and being moue gdrman.PI Mq 6 Zoning Cdnmisain Date pa Kul.y described by metes and bounds as 1610.: PER CALLE TM RODS FOUND DItY of WyfM.Twav BEONNING al a 1 2 .Mn r fee the northeast cam said Pop Hold'3$ E GROUND / k Holdings tract,some being LOT 72, BLOCK 2'1 1 (wuEo D.9356 ACRES) the enthwet tamer of a called 0.8356 awe tract of land caw..to Jerry Brown.,one wife vies: 544 INDUSTRIAL PARR w JERRT BROWNG and.Ile. °APP..,In Cnstruction• Browning,by de.recorded n Volume 3995,Page 941,of the Deed Records of Collin County,Texas. NCKI BROWNING •being In he wee one al Lot 2,Blocb I, a n using Pak.n oddities o the City of CAB.F,PG. 445 8• VOL]995,PG. 941 PLOTTED PER DEED uara,City of wpb.Tomes Dote Wylie.ncortlnq to Us plat thereof recorded n Cabinet P.IPage Zia,of Me Plat Records of CWM 8 (CALLED 0.8356 ACRES) County.Two. < JERRY GROWING and wife, Accepted INES.South 00.000°went,along theline of said a�Nnolengs tract,end sold Lot 2, m§ VICKI BROWNING song. westerly sauthwwl cam said Lot 2,w 9 the northwest corn 0f Lot I. wL.0 VOL. 3995,PG. 0941 Motor.city 0f wyle.Texas oats .era n Iron Block 1.of most rn In said ppo Pa., o them the er of al Pop p Holdings feet la a.rne`sees a merr BROW.ma with Me underal9ned.the City Secretory of ids City of he...vast corner, sold Lot I. ogles the ga.. w r`ghlt navvy n Qof Fes.Highway and y WM4,Te hereby certifies ( 120.00 fool right-of-way), me ben,n 9F g rod.of 5709.. _ at the preliminary plat al WALE BK POP AOgPON to the City of Willi was a delta angle of 0095'I8•: I submit.,to the City Council on M _ -2008,and the CmAaS.by Mmel actin,then and There oc...the dedba bon.streets,dbp, MENGE long the cam..One of sold Pop Holdings tract,and along the new right-or-soy Ise of saw N parked.sernmen gout Public pia..end la and r sewn lines asown no.forth ins F.M.Highway No,5.,and sold curve to a right. n arc dlat once ot ol-8.93 feet,and a mnumnt fouhord bring n said tl d Counc further ouiMriz.the Mayer to a and distance of South 8693.26"W.L 8.93 feet to a TXDOT rl a corner: O' acceptance thereof by syMnq nil name as a eln.ove subscribed. p (DEED CALL 589}5'S8'W 346.28') THENCE South 88'06.05•West,along the common line of sold Pap Holdings tract,and alo of said Pop ngHoldings the new I ,en ram ... ,.w, 1489'23.20"E 246.11' re er Glty s«reran m. _---- right-of-way some slogq of said F.M.southeast come Noi a d r°,rw o9etvr southwest roo corner 32.fi9'° il08.42'Ic CLy of 0304,2e Obince of the to a i%DOi right-of-way mnumml°ert _1 _ w _� #_,,,�_ r, �3ll wj�^I8 SURVEYOR'S CERTIFICATE southerly southwest corner of said Firrwd Properties tract,m founde being the corner. astnt beer the most P.D.B. secUn Of.old EM�Highway NO.5N,and Commerce Drive(a 65.00 font right-of-way): of-way) '•r"_-___ „ � LOT 2,BLOCK 1 THIS b to cMify Nat I. HBCN a PEISER,a�egMcuf�ed P.o essbnal,ono Surw>� J - _`�"�•J-�^ w 1M State p Te.have plaited sin n actual mr THENCE Nor.<2tM'JY Wes elan the common ern or sole firebrand Proprt.trot ng w I �•� ••°°• .9I g WALLACE INDUSTRIAL PARK for the et,tenet bfe plat cwrany noun„„:.that w y me a son d .. ^+,,;. CAB. F,PG. 243 der m r ai..�u« veer mm.b eterathe most distance of southwest lee iae T%DOTfight-of-way opermess t monument found same being ..nra '/ Is sofa print°being said Commerce at mid Pr n eIth"s.or � p T_ 7i�'--^ 1' 1' ' :°m rb/z6/zaa.Far RENEW wRPOSEs oNLv.Tx a met right-of-way lone of said Commerce Drive; _r. - n 1, PRELIMINARYDO MD1WA xOTxREDRDmFOR ANT PURPOSES 5{! HUGH E.PEISER THENCE North 00.6.5.Wort.al e comm.line I said Firebrand Properties tract,on 9\d ^'x',+ •.,.- 'P , \' A \ R.P.LS.NO.]BBB roc t-af-sea oldie of d Commerce Drive. distance of`2g.38r le out In e I ro + e...=„,.< noun..., STATE OF TEXAS aoulh.eal canerid°oil mid cnt dletl OB358 ease fract:.!corner o mid Firebrand Prwxllea Xlr«l,some pain,iha" I sew COUNTY OF COLLIN o a d NnvLr� I Pfl ORE ME,the undxslq.0 au.wlfy,n b tlay exwnalybapear`d Hugh E. Mf�Q Nwtn Be23'20'East,along the common line of said Firebrand Properties tract,and ales,the �' - -Ly sax,'noes..to a Person M mil t" ...°8 '•old m� callee 4, ,acre tr 1.7p,In n :beast ccm d Fbebrantl Prwatl. o 2461 mme me.etPan hwest tamer HddMge lr uing a dlelantm N inalrvment aOnclFeUgeed[and•that eapac yee tnenenmtad a Iwt d cnmi use feel o yes of c m $ consideration . . °. d . t e PINY OF BEONN,NG of Id tZing 60,147 dolt• m1.38«0t 1 N WILE BK POP ADDITION ; al $ an sees of n oar ennq red therein n as a act land. L1J N 60,147 SQ.FT.OR d- o N UNDER M HANO AND SEAL Of OFFICE n to NOW,IMEREFd0E,KNOW ALL MEN BY MESE PRESENTS: h 1.38 ACRES S Y gl pJ _ •__ r of LOT 1 A,BLOCK 2 a < R x a m '•2008 That go n s,MMUS, cling nx•n oy one through its soy o.ot 544 INDUSTRIAL PARKIli LOT 1 BLOCK 1 LOT 2.BLOCK 1 Notary -- t„ -r-- a e Wane a er duly authorized lforever.t 10 he CAB.F,PG. 445 M I m a 33.256 SQ Ft R 8 f Public In nE for o slate o seras this city of is-of-ay,an n r public l clew-Ned y Oeek rots py as KYLE nY 26,B.6 SA Fi. streets,dedicated stye a other p.bn<Mprovemnid non nth,4. one use 103 tines o OR 0.76 ACRES a OR 0.62 ACRES po uy Gomminin Expbea: __ M .blares for e for p.The wnemnta one hie p�° fences low ees shrubs or O Z o«uucer No f oncuaLNr era 1 i I 4 V NOTES: Im ublic ovsmet forever,growths Mar De con icated a`PI«kit.No b vamor across the easement'as C.) 1 I Men xwept that landscape improvements y be Riess n°land'ape eeemammt,ii approved by the I , ��8 L IRF- n Roe Found city Council of the City of Wylie. addition,utility..emenfe may elm u w the mutual use I --f'3 1 V 2.Baal.of Deming-Based n theoat Ifne(South 00,0..100 min.W sees and x m"datlon o public utilities.siring to use w using the some ten easement limiter / Weal).of a tract al land cnvepdte Pop NddMga.Lou by need reewded In the useto particular uteltbv,said use by public utilities being subordinate to the and City of IS Document No of the Deed Records of Collin COunly,Texas. WM,e ee thereof.The City of Wele a c utrlly ntitba.hall have the riot 10 vend keep .."n ___-_-_-_-_____ , l„ LOT I.BLOCKI 3'�c'a°ni is base, of 070 of wyfz cPS Cntrd Monuments'CM ZA'CM s. any pee m�ferl.«°"n.1, oma a.. nl .nth w,®.rarr r. WALLACE i. x -3 Plane.North Central one a^d o lI Way.n a�rxyor"�Int n the Mnirucno�.m Int«� e�flcyt of t mss ww�ev INDUSTRIAL PARK VICINITY MAP respective luyst systems of said Inyre easements.s and The City nomyil�e and ir �public utility ective ymutles sh for a t all time CAB.F,PG.243 procuring --- of f---L�- • a m60.;i �f,_ NOT TO SCALE frvgnmall r parts of their respective systems wdM1.t maintaining, as a �imein to a 2 a e. at w nmor ---_` -'1 6EV°messy / 6 • Pre removing pram pone o!a rem` emanc•x r.i ee .nenecessity Ond eedati one of the Cify f •i B outs _.y ') Wy a oTexM vro aWject d pw!!nq w? ,squid Ons - _v.. -� y {[p17 iiii� -�: WMESs. r erne.this the r a _ -_.200e. .7.705.A1.H nr(R NT OF-WAY 1129 I. /1[J�'a BH / ¢FV.6U`a21E MAP CALL 89w253'E 208.:,) •,mr �■(I 8, --_---- ge.s9' „fir__ " D=00'05.18" A�4y`Y�' ■1 •. S86'06'05`W 209.53' ,.a � an ' e signature of owner R=5789.58' ' (R1PIT_pF-WAY WYL uc �c a mNO I oEm cAu NB94]s w'E 26WT9')In•A••. .w.•x,1 L8.93' .216 w Printed Nome Title n• _-�_-_- ufNGT A� KARNSE N47'06'32`W RlcHr-CF-WRY DED. I \CBt.S86'03.26`W A / L2 tans' sang.. 134.15' I�m„"„q, VOL.1344,PG.466 CD8.93• IF. 6 R STATE of TEXAS{ swWo0•w _�_ _�---- / Before the undersi NTY OF -° p "Olic in s Tenon m:_ P , ened winwity a l_P e mr t e Stobe " n se der1711 Ns09C.t -I �� ® ' lee subscribed torthe foreed going net m In and ackno..g.to me that one executed some fan°the 142f' S909p'.Y �- Y 5 �_-- _--�- sTE F. loose and on ieerann.therein expressed. esr F.M_HIGHWA s � aB Surpass under my hand end seal a this_--day 0f m ( '266' N0090'00•F ' (120.00'MGHT-Or-WAY) �(W J ` ilaOD' NmwrYW '1� '" �.. ♦ N"tny P.M n fine lu the State of Tacos-_ a 4.3.•E ,ow WAY Liz 53.5, tpp91700•E .. My Commission ExPlree On: <.06' NVOm.Y LIS 07 „p a56i FINAL PLAT . 10.6p ,3,67E LOTS 1, AND 2, BLOCK i CUR.LENOTH RADIUS DELTA TABLE ECM. CHORD 9I*T._ _ WYLIE BK POP ADDITION MOO' 1^6' • 83.3't oft.: BEING A 1.38 ACRE TRACT OE LAND SITUATED IN THE FIREBRAND PR0PERI1ES,LP -C2 4'30' dose oelvor $0e V.* 430. JR150 N.MACARTHUR BLVD.1120-221 E.C. DAVIDSON SURVEY, ABSTRACT N0. 266 ci .6T.err 26"m' evanm• Nwmuov'. ax' •nine,1Exrrs 25083 CITY OF WYLIE, COLLIN COUNTY, TEXAS O OS'SS.00' 2W46' H2W«'Srw 20.8.2. _ 9 2-620-2287(0) a2%FP SS m' 2<..6., 97.9s3rE72' °"'"°T'GD ER"°PERLAE6 (763 m, PEISER SURVEYING CO. CO 1000 MOO'•24ar.. 317570 R Me. = GRAPHIC SCALE OWNER: °oeyB 2 www,peisersurveying.com sH(0T 08 fir .6.0p' RLn Cg ,des, S]5 � 22.11. fl- POP HOLDINGS,N . Wa2/8t 823 E.DALLAS ROAD COMMERCIAL 1 0. do.' 29U6'15 N753.' `. 0,TEXAS 7MUR BLV9.)120-221 ylyy , 3d p3 817.81N1 TEXAS 76051 RE00ENTAL xM ]0.. 30m Set.• N125o9CT .M9• - 817-181-1806(F) BWNOARIfB t0.m tom B33T6S S13W'03M IRMNC,TEXAS 75083 ss m<•a Di �or y,�) 9 2-620-2287() .T.m 812-081-tBOH(F) LMpOGRAPHY 10. \h 26yar 24 0 Z3'0' e8V65'N 3,5.N' _ I n CONTACT:GUILLERMO PERLAES \Form en NEP. ORTGAGE Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: J Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 11, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of August 31, 2008. Recommendation Motion to accept and place on file the City of Wylie Monthly Revenue and Expenditure Reports as of August 31, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 9/1 /0 City Manager i►t l q0S Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: AUGUST 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 13,781,143.38 13,746,964.17 -34,179 FRANCHISE FEES 1,980,000 1,865,562.00 1,946,653.12 81,091 LICENSES AND PERMITS 977,750 827,822.55 668,115.03 -159,708 A INTERGOVERNMENTAL REV. 469,030 411,571.80 446,853.70 35,282 SERVICE FEES 2,282,140 2,091,961.67 2,127,480.06 35,518 FINES AND FORFEITURES 551,000 498,975.30 482,901.57 -16,074 INTEREST INCOME 350,000 320,833.33 301,172.04 -19,661 MISCELLANEOUS INCOME 140,490 128,590.50 164,878.35 36,288 OTHER FINANCING SOURCES 519,000 490,422.90 490,422.90 0 TOTAL REVENUES 21,771,430 20,416,883 20,375,441 -41,442 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 127,600.01 109,510.54 -18,089 CITY MANAGER 721,160 668,905.00 628,594.45 -40,311 CITY SECRETARY 254,176 232,995.07 212,810.32 -20,185 CITY ATTORNEY 173,000 158,583.34 154,258.59 -4,325 FINANCE 678,460 595,421.67 554,102.97 -41,319 FLEET& FACILITIES SVC 243,300 223,025.00 202,095.75 -20,929 MUNICIPAL COURT 337,048 305,828.19 281,650.02 -24,178 HUMAN RESOURCES 205,740 188,595.01 167,041.14 -21,554 PURCHASING 105,586 96,787.16 96,410.40 -377 INFORMATION TECHNOLOGY 385,700 353,558.34 321,805.71 -31,753 POLICE 4,579,570 4,085,552.29 3,958,684.58 -126,868 FIRE 4,588,912 4,101,502.68 3,933,813.02 -167,690 ANIMAL CONTROL 267,200 244,933.34 209,434.24 -35,499 PLANNING 407,020 373,101.66 270,474.11 -102,628 BUILDING INSPECTION 722,160 661,980.00 542,331.52 -119,648 CODE ENFORCEMENT 154,790 141,890.84 113,097.17 -28,794 STREETS 1,640,790 1,504,057.51 1,521,154.49 17,097 PARKS 1,497,010 1,255,193.36 1,198,825.31 -56,368 RECREATION 340,595 313,670.42 286,342.02 -27,328 LIBRARY 727,026 666,440.48 645,884.58 -20,556 COMBINED SERVICES 3,911,680 3,303,706.66 3,225,954.13 -77,753 TOTAL EXPENDITURES 22,080,123 19,603,328 18,634,275 -969,053 REVENUES OVER/(UNDER) EXPENDITURI -308,693 813,555 1,741,166 927,610 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: AUGUST 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 8,188,916.65 8,350,329.60 161,413 INTEREST INCOME 200,000 183,333.33 205,948.68 22,615 MISCELLANEOUS INCOME 30,000 27,500.00 43,324.58 15,825 OTHER FINANCING SOURCES 1,707,000 1,707,000.00 1,707,000.00 0 TOTAL REVENUES 10,554,000 10,106,750 10,306,603 199,853 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 503,039.19 449,385.70 -53,653 UTILITIES-WATER 1,085,020 994,601.66 972,545.75 -22,056 CITY ENGINEER 456,226 418,207.17 386,565.59 -31,642 UTILITIES-SEWER 497,980 456,481.67 429,762.14 -26,720 UTILITY BILLING 775,194 579,192.10 572,231.51 -6,961 COMBINED SERVICES 7,297,620 6,793,592.67 6,881,315.14 87,722 TOTAL EXPENDITURES 10,660,810 9,745,114 9,691,806 -53,309 REVENUES OVER/(UNDER) EXPENDITURI -106,810 361,636 614,797 253,162 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 09-23-08 Item Number: K Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 09-11-08 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2008. Recommendation Motion to accept and place on file the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on September 19, 2007. Approved By Initial Date Department Director SS 99 1/08 City Manager ' ! S JN Page 1 of 1 3-12-2008 09:06 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: AUGUST 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 473,344.59 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.38 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 417,967.00 3,952,336.97 TOTAL ASSETS 3,952,336.97 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 419.89) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 369.04) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 6,151.95 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 890.78 2000-20540 NOTES PAYABLE 417,967.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 9-12-2008 09:06 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: AUGUST 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 746,746.60 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,387,216.08 TOTAL BEGINNING EQUITY 2,387,216.08 TOTAL REVENUE 1,668,861.21 TOTAL EXPENSES 850,486.92 REVENUE OVER/(UNDER) EXPENSES 818,374.29 TOTAL EQUITY & OVER/(UNDER) 3,205,590.37 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 3,952,336.97 9-12-2008 09:06 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: AUGUST 31ST, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 24,689.28 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017,70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 2000-28280 CAZAD LOAN 175,058.89 TOTAL LIABILITIES 1,505,293.23 EQUITY 3000-34590 FUND BALANCE ( 1,505,293.23) TOTAL BEGINNING EQUITY ( 1,505,293.23) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER)(UNDER) ( 1,505,293.23) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 9-15-2008 01:43 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 132,563.07 0.00 938,325.02 0.00 361,674.98 72.18 INTEREST INCOME 9,000.00 949.98 0.00 10,177.96 0.00 ( 1,177.96) 113.09 MISCELLANEOUS INCOME 62,400.00 12,500.00 0.00 76,608.23 0.00 ( 14,208.23) 122.77 OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 146,013.05 0.00 1,513,861.21 0.00 ( 142,461.21) 110.39 EXPENDITURE SUMMARY DEVELOPMENT CORP-'WEDC 1,628,443.00 7,918.72 0.00 831,980.07 2,235.00 794,227.93 51.23 TOTAL EXPENDITURES 1,628,443.00 7,918.72 0.00 831,980.07 2,235.00 794,227.93 51.23 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) 138,094.33 0.00 681,881.14 ( 2,235.00)( 936,689.14) 264.41- 15-2008 01:43 PM CITY OF WYLIE PAGE, 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2008 11-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 132,563.07 0.00 938,325.02 0.00 361,674.98 72.18 TOTAL TAXES 1,300,000.00 132,563.07 0.00 938,325.02 0.00 361,674.98 72.18 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 9,000.00 949.98 0.00 10,177.96 0.00 ( 1,177.96) 113.09 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 949.98 0.00 10,177.96 0.00 i 1,177.96) 113.09 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 7,200.00 0.00 68,803.23 0.00 ( 6,403.23) 110.26 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 5,300.00 0.00 7,805.00 0.00 ( 7,805.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 12,500.00 0.00 76,608.23 0.00 ( 14,208.23) 122.77 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 146,013.05 0.00 1,513,861.21 0.00 ( 142,461.21, 110.39 9-1 5-2008 01:43 PM CITY OF WYLIE PAGE: REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2008 III-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 2 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5 '31110 SALARIES 170,922.00 11,993.98 0.00 158,859.66 0.00 12,062.34 92.94 3 11-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 680.00 0.00 0.00 676.00 0.00 4.00 99.41 5611-51145 SICK LEAVE BUYBACK 1,799.00 0.00 0.00 1,799.28 0.00 ( 0.28) 100.02 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -,I1-51210 CAR ALLOWANCE 9,100.00 830.78 0.00 8,330.91 0.00 769.09 91.55 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 2,689.96 0.00 286.04 90.39 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 D.00 0.00 0.00 5611-51310 TMRS 16,609.00 1,223,14 0.00 15,972.11 0.00 636.89 96.17 5611-51410 HOSPITAL & LIFE INSURANCE 14,955.00 1,567.48 0.00 18,287.52 0.00 ( 3,332.52) 122.28 5611-51420 LONG-TERM DISABILITY 974.00 0.00 0.00 404.91 0.00 569.09 41.57 5611-51440 FICA 10,990.00 2,107.40 0.00 8,449.83 0.00 2,540.17 76.89 5611-51450 MEDICARE 2,679.00 538.50 0.00 2,433.28 0.00 245.72 90.83 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 198.00 0.00 342.00 36.67 TOTAL PERSONNEL SERVICES 232,772.00 18,490.20 0.00 218,649,46 0.00 14,122.54 93.93 SUPPLIES 611-52010 OFFICE SUPPLIES 15,000.00 207.69 0.00 12,933.19 0.00 2,066.81 86.22 1611-52040 POSTAGE 2,220.00 33.80 0.00 654.11 0.00 1,565.89 29.46 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 235.59 0.00 5,246.24 0.00 1,053.76 83.27 5611-552990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 477.08 0.00 18,833.54 0.00 4,686.46 80.07 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,412.95 0.00 1,587.05 47.10 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,412.95 0.00 1,587.05 47.10 CONTRACTUAL SERVICES 5611-5603D INCENTIVES 254,155.00 0.00 0.00 51,450.00 0.00 202,705.00 20.24 56040 SPECIAL SERVICES 39,471.00 7,052.15 0.00 36,781.35 0.00 2,689.65 93.19 ',611-56080 ADVERTISING 35,000.00 1,114.50 0.00 34,328.37 0.00 671.63 98.08 6090 COMMIUNITY DEVELOPMENT 53,291.00 2,055.00 0.00 45,937.83 2,235.00 5,118.17 90.40 5611-56110 COMMUNICATIONS 4,450.00 224.30 0.00 2,684,88 0.00 1,765.12 60.33 5611-56180 RENTAL 17,600.00 1,719.22 0.00 15,974.64 0.00 1,625.36 90.77 5611-56210 TRAVEL AND TRAINING 29,128.00 248.23) 0.00 11,641.08 0.00 17,486.92 39.97 5611-56250 DUES & SUBSCRIPTIONS 6,280.00 0.00 0.00 6,876.95 0.00 ( 596.95) 109.51 5011-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 611-56510 AUDIT AND LEGAL SERVICES 22,560.00 429.00 0.00 20,077.85 0.00 2,482.15 89.00 ` ...-_„70 ENGINEERING - ARCHITECT SVC 28,000.00 1,115.00 0.00 8,687.88 0.00 19,312.12 31.03 .611-56610 UTILITIES - ELECTRIC 4,000.00 842.08 0.00 3,325.60 0.00 674.40 83.14 TOTAL CONTRACTUAL SERVICES 496,435.00 14,303.02 0.00 238,069.43 2,235.00 256,130.57 48.41 15-2108 01:43 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2008 . 1-WYLIE ECONOMIC LEVEL CORP /ELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 28,042.33 0.00 271,682.67 0.00 25,515.33 91.41 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 16.52 0.00 ( 16.52) 0.00 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 28,042.33 0.00 271,699.19 0.00 25,498.81 91.42 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 0.00 0.00 218,958.42 0.00 262,291.58 45.50 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS 4 ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 1,350.95 0.00 149.15 90.06 611-58830 FURNITURE & FIXTURES 6,000.00 0.00 0.00 5,524.26 0.00 475.74 92.07 561i-5899=5 CONTRA CAPITAL OUTLAY 0.00 ( 60,207.87), 0.00 ( 222,471.59) 0.00 222,471.59 0.00 TOTAL CAPITAL OUTLAY 488,750.00 ( 60,207.87) 0.00 3,361.94 0.00 485,388.06 0.69 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 79,953.56 0.00 6,814.44 92.15 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 79,953.56 0.00 6,814.44 92.15 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 7,918.72 0.00 831,980.07 2,235.00 794,227.93 51.23 TOTAL EXPENDITURES 1,628,443.00 7,918.72 0.00 831,980.07 2,235.00 794,227.93 51.23 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) 138,094.33 0.00 681,881.14 ( 2,235.00) ( 936,689.14) 264.41- "* END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger August 31, 2008 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance July 31, 2008 $1,498,222.92 August Inwood(#34 of 120) $10,370.02 $636,819.59 $7,319.77 $3,050.25 $629,499.82 Birmingham(#54 of 60) 5,741.48 39,268.51 5,512.41 229.07 33,756.10 Hughes(#25 of 120) 3,774.70 287,236.40 2,338.52 1,436.18 284,897.88 City of Wylie(#14 of 24) 6,813.96 73,040.74 6,497.45 316.51 66,543.29 Prime Kuts(#10 of 120) 2,539.59 215,933.20 1,459.93 1,079.67 214,473.27 Bowland(#10 of 60) 773.31 34,735.78 599.64 173.68 34,136.14 Anderson(#9 of so) 773.31 34,735.78 599.64 173.68 34,136.14 CapitalOne(#4 of 120) 2,034.96 176,452.92 1,117.39 917.57 175,335.53 August 31, 2008 $25,444.75 $1,472,778.17 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Balance Sheet Subledger August 31, 2008 Inventory-Land Address Acreage Improvements(sq. ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 KCS Cooper Dr. 0.406 n/a 60,207.87 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF AUGUST 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 89,898 3,284 4.39% FEBRUARY 110,794 121,615 132,441 10,826 9.77% MARCH 88,544 83,172 86,460 3,287 3.71% APRIL 67,714 81,377 86,004 4,627 6.83% MAY 113,042 124,616 130,208 5,592 4.95% JUNE 86,454 86,779 99,523 12,744 14.74% JULY 89,148 90,996 98,845 7,849 8.80% AUGUST 122,188 114,655 132,563 17,909 14.66% SEPTEMBER 69,876 99,715 OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $938,326 $65,592 7.52% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $938,326 $65,592 7.52% WEDC SALES TAX ANALYSIS $140,000 $120,000 rf::'"',:. l91y fi,'. 'e,tl,,, ' r01 I;:,,.!t. rd,'1i !tfp1 ' $100,000 :::::: . 1r.v; FT.F;' ' 1 ,` [Al02 .i ° ■2008 liii„ III ,- I:,LI. :111111 $20,000 LLLs A II' 1 II 1 iid i: win $ ..1 C W Li 2 2 .n 3 ¢ 43 E C) E U N Q - U > u. N O O Z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 09/17/08 Budgeted Amount: Exhibits: Five Subject (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing and consider, and act upon, amendments to the Comprehensive Zoning Ordinance 2001-48, Article 6, Section 6.3 Downtown Historic District as it relates to district boundaries and design standards. Recommendation Motion to approve amendments to the Comprehensive Zoning Ordinance 2001-48, Article 6, Section 6.3 Downtown Historic District and the official Zoning Map as it relates to district boundaries and design standards. Discussion The purpose of these revisions is to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures. As time and technology change so must our ordinance as it relates to design and function. However, it is also important to identify those areas that we desire to preserve and maintain to reflect as closely as possible the rich history of Wylie. Background The Downtown Historic District (DTH) was created in November 2001 with the adoption of the city-wide revisions to the Zoning Ordinance and Map. The DTH District allows for a broad mixture of compatible uses and provides special development and design standards that preserve the historic and architectural character of the area. The residential design standards allows for residential structures to be placed/constructed adjacent to other such structures within blocks with existing residential character designs. The exterior design should be of similar character of surrounding historic style structures regardless of the internal use and design. Common design features of existing historical residential structures range in variety from as early as the Colonial Style (1600- 1820) to the Arts and Crafts Movement from the 1910-1940 periods. Most of the styles in our area are revival styles which date generally from the 1900's to present. Most of the existing structures feature low pitched gabled roof with wide unenclosed eave overhangs with exposed roof rafters and/or decorative beams or braces underneath the gables. The features are typical styles of the Arts and Crafts Movement as well as the Bungalow style homes. The district also consists of Victorian style homes built in the late 1800's. It is because of these type features that it is important that we preserve this history throughout our DTH district and replicate it in new or renovated structures. In addition to the overall style of the dwelling, most residential Page 1 of 3 Page 2 of 3 structures include foundation piers and crawl spaces that are usually covered by wood skirts and/or plantings and have windows with multiple lights. Again, these features are typical of this historic period. The DTH boundary shall be extended to the west along the east side of Birmingham Street to just south of Elliot Street and then east to the northside of Block 3, Lot 1R, then to the east side of Jackson and south to SH 78. This would remove Lot 1, Block A (Inwood Bank) and Lot R1, Block 3. Being that Inwood fronts SH 78 this would be a good transition point from Commercial Corridor District to the DTH. Extend the eastern boundary to include lots along the east side of 2nd Street and south to Marble, but excluding First Baptist Church Worship Center and parking lots. The attached Map (Exhibit 3) depicts the areas to be directly affected by the boundary change. 1. There are 13 lots to be rezoned from Commercial Corridor to DTH. These lots are located on the east side of Birmingham Street. Predominantly residential structures with non-residential uses. All lots fronting Birmingham Street within the DTH boundary must provide all required parking on site. These lots will be allowed to provide parking in the front, side or to the rear of the main building. 2. One lot (Inwood Bank) fronting Hwy 78 with access from Jackson and Birmingham Streets and one lot (vacant land) immediately north of Inwood Bank to be rezoned from DTH to Commercial Corridor. The original boundary line dissected these lots. This amendment will place both lots in its entirety into a single zoning district. 3. 32 lots to be rezoned from SF-10/24 to DTH. This includes 24 lots located between Jefferson and Brown along both sides of First and Second streets; the first 3 lots on the west side of Second Street immediately south of Jefferson Street, and 5 lots on the east side of Second Street between Jefferson and Marble streets. This amendment will bring into conformity 29 residential structures that are currently legally non-conforming. 4. 13 lots to be rezoned from SF-10/24 to Community Retail. The lots currently include parking lots owned by First Baptist Church. This amendment will place these lots into a single zoning district as they have been recently replatted with the church facility as one lot. Approval of this amendment as it relates to zoning changes will result in bringing 44 properties into conformance with the Zoning Ordinance. There are three infill properties on 1st and 2nd Streets that were built in the early 2000's under the current ordinance providing a brick exterior. Approving this amendment requiring wood or masonry composite with a wood pattern would deem these three properties legally non-conforming structures. Signage for the DTH falls under the current guidelines of the Sign Ordinance as applied throughout the city. Because the intent of the DTH is to preserve the historic and architectural character certain elements of the Zoning Ordinance and other city ordinances must be amended to reflect such desire. By creating such elements that are specific to the DTH sets the area apart and makes it unique from other districts within the city. Pole type signs in the DTH are appropriate designs for residential structures regardless of their use (see Figure 6-5 of the attached Draft Ordinance). Signs should be kept to a minimum and be subordinate to the building. The proposed ordinance limits signage to a maximum of sixty-four (64) square feet. The 64 square feet can only be utilized if the building itself is at least 64 linear feet in width. Otherwise, the square footage is derived based on one square foot of sign space per every liner foot of building face not to exceed 64 square feet. P&Z Discussion At its July 15th meeting the Commission discussed at great length the exterior materials for historic residential structures and asked staff to present sources to validate the findings. At the August 5th meeting, staff presented information gathered from various sources including, but not limited to The National Historic Society, The Page 3 of 3 National Park Service, The Texas Historic Commission, The Portal to Texas History, and The Historic Preservation Officer for the City of McKinney. Another source used in the research was information on Charles and Henry Greene, MIT Graduates of Architecture. They were recognized by the American Institute of Architects in 1952 for contributing to a "new and native architecture" and are generally credited with fostering a new way of considering buildings and their furnishings as examples of artistic craft. Their art would culminate between 1903 and 1909 with the construction of the "ultimate bungalows" — one of which is the Gamble House in Pasadena, California a wood platform framed house. It was further discussed that homes built during the Arts and Crafts Movement (1910 — 1940) were usually characterized by: a nonsymmetrical facade, typically sheathed with stucco, wood clapboard, or wood shingles, and less often with board and batten, brick, concrete block, or stone. (Source: http://www.answers.com/topic/craftsman-style-1). Two distinct neighborhoods in Dallas confirm the presence of bungalow type Arts& Crafts designs as five and six room "frame cottages". The neighborhoods of Winnetka Heights in Oak Cliff and Mount Auburn in East Dallas began building bungalows in 1912 and 1916, respectively. The Commission voted to limit the height for commercial buildings to two stories no greater than thirty-five (35) feet tall to the top of the cornice and allow up to forty (40) feet in height for architectural elements. In addition, residential structures would be allowed to build to a maximum height of 35 feet to the roof ridge and 40 feet for architectural type elements including but not limited to turrets and/or pinnacles. By a vote of 6-0, the Commission recommends approval to City Council. Approved By Initial Date Department Director RO t 09/17/08 c� City Manager /,i` + ( 777 /6' +� Exhibit"A" Legal Description Zone Case#2008-08 BEING several lots and tracts of land as follows: CC to DTH • Lot 34, Block 5 in the Brown and Burns Addition • Lots 6—8, R-1 and 10A, Block 2; Lots 11 — 17, Block 3 in the Keller's First Addition DTH to CC • Lot 1 of Block 3 in the Inwood National Bank Addition; Lot R-1, Block 3 in the Railroad Addition SF10/24 to DTH • Lots 6, 7A-7B, 8-10 in Block 4; Lots 1-6, 7A-7B, 8-9R, 9A-10 in Block 5; Lots 1-3, 4A-4B, 5 in Block 6; Lots 1A-1B, 2A in Block 8; Lots 5-9 in Block 9 in the Railroad Addition SF10/24 to CR • Lots 3-5, 6A-6B, 7A-7B, 8A-8C, 9A-9B, 10 in Block 8 in the Railroad Addition All being located north of State Highway 78 and east of Birmingham Street, also being situated in the City of Wylie, Collin County, Texas. REZONING EXHIBIT B 1 1 IIIIIIIIIIIIII 4 . ..- • , _ . .. _ SF-10 . ., . .. r '. .-,- - . _.. .„ to DTH 'aii, 1 „.• • .., . . .., i . . 1 .0Ir ' —1-.. , . . SF-1 Emit . . to CR 1_ ',,--I ' i i t I ! '.-' .- .. II I I -,-' . CR .. . • .,, 16.. t1 ,. a I • CC to I ,.. • CR \ ...... • I '4/ r,./,,A SUF 'i _____. i_ DTH ' ... 88 to . . in CC j CC c _ ''''. • ' - _2011. ,.. ... . , • all 11.1 MN ON -- Ell Eli — - e 2-I 6 m NI am IN - f an IN Ell all . ' igii MN Ell Ell ow MF gull II. I 11111 all um MI - Ell Cn OF WYut Zoning Ordinance SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) A. Purpose Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy of preservation as a historic district.This district provides development and design standards that preserve the historic and architectural character of existing development,provides for adaptive reuse of existing buildings,and the compatibility of new structures and uses with the historic nature of downtown. B. District Boundaries 1. The Downtown Historic District(DTH) is generally bounded by State Highway 78 on the south, Brown Street on the north,theeast side of Birmingham Streetto theme-bleak:proper line of lots ac g th •a fT t n the west, and the rear property of lots facing the east side of Ballard Second Street to the east.These boundaries are shown on the map in Figure 6-1 for informational purposes. 2. The precise boundaries of the Downtown Historic District shall be shown on the official zoning map of the City of Wylie.The boundaries of the Downtown Historic District may be amended from time to time based on a request from area property owners,a request of the staff,the Commission,or at the pleasure of the Council.In considering a request for a change in district boundaries,the Council shall require: a. Any additions to the district shall be contiguous to the existing boundaries of the district; b. Any reductions in the district shall be located on the edge of the district such that a hole is not left inside the district; and c. If requested by a property owner,a petition shall be presented showing owners of more than 50 percent of the land within the district,excluding streets,and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. Page 1 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS t/ Crn nr\\Aur Zoning Ordinance I L. u 11 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ : .w-t a� i i 11 A hi Cc Jefferson I 1-' N Z 7 c _ u a) j r Cl) . - — 11 '' "7 i ii Marble ce Existing - Oak Boundary umC mippr 19' ■■I= = I EN r ■ e mi ,+5��`e .l111111 A.., • -- 1 - • . • ziii%* A HE Figure 6-1 Downtown Historic District Boundaries C. General Provisions 1. Site plan and design review submitted to the Planning D partment.is required for new construction and substantial renovation of existing buildings within the Downtown Historic District. Substantial renovation means: a. Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; b. An increase in the floor area of the building greater than 10 percent. c. Adding new exterior buildinu materials that do not match the existine materials. 2. Interior renovation of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this article. (e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review) 3. Physical properties of an existing building such as setbacks,foot prints,height, or other similar characteristics that cannot be altered without substantial hardship are not required to meet the development or design standards within this article. All other provisions shall apply. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 2 1N Cm OF NYur Zoning Ordinance -t- D. Permitted Uses 1. The Downtown Historic District may contain any combination of uses shown in the Use Chart in Article 5, Section 5.1. 2. Within the Downtown Historic District there are both residential and nonresidential uses which may be located in either residential structures or commercial structures.To maintain the architectural and historic character of existing blocks where one type of structure predominates, the following regulations shall apply. a.Residential uses may be in residential structures or commercial structures. Residential uses in commercial structures are only allowed if they occupy less than 40 percent of the floor area of the building; and do not occupy the area adjacent to the street front. b.Nonresidential uses may be in residential or commercial structures.Nonresidential uses in residential structures must be in those blocks where existing residential structures predominate. c.In block faces within the District that are currently developed with residential structures,new construction shall be-compatiblebe of historic design-r-esidential-struetwes.Either residential or nonresidential uses may be located in the residential structures. d. In block faces within the Downtown Historic District that are currently developed with commercial structures,new construction shall be of historic design structures. E. Downtown Historic District Development and Design Standards 1. All properties must meet requirements provided in this section for Site Design,and Architectural Standards. 2. Purpose of Downtown Historic District Design Standards.The purpose of these design standards is to ensure the preservation of the historic and architectural qualities which make the Downtown Historic District a unique place by permitting new development compatible with existing historic buildings and by maintaining the historic and architectural qualities of existing buildings. a. Site Design Standards.The purpose of the Site Design Standards is to provide for building and parking placement compatible with existing development. b. Architectural Standards.The purpose of the Architectural Standards is to provide for the preservation of existing historic and architectural qualities of Downtown Wylie,ensure new construction is compatible with these qualities,and to protect and promote the uniqueness of downtown as a commercial area.: 3. Design Standards Review.All new development shall comply with the Site Design Standards included in Subsection 4,and the Architectural Standards in Subsection 5. 4. Site Design Standards a. Building Placement-Commercial Structures (1) Buildings shall be placed on the front property line.Buildings may be moved back from the front property line a total of four feet to provide for a-wider sidewalks and entries,if:The buildings takes up an entire block face;or is located on a corner; or has a total frontage of more than 50 percent of the block face. Page 3 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Cu or MI IL Zoning Ordinance (2) New commercial structures shall be allowed only in block faces which are predominately developed with existing commercial structures,or are predominately vacant land. (3) Buildings shall be placed on the side property line. Buildings may be moved back from the side property line a total of four feet to provide for wider sidewalks and entries when the side property line is along a street. (4) Buildings that go through a block so that they have frontage on two parallel streets, shall treat each frontage as a main facade. (5) All service areas and loading shall be from the alley. (6) New commercial structures shall construct at least a six(6) foot wide side walk. b. Building Placement-Residential Structures (1) New single family residential structures are only allowed in blocks which are predominately developed with existing residential structures. (2) Residential structures shall conform with the front yard, side yard and rear yard setbacks of existing residential buildings on the block face.Front yard and rear yard setbacks will be deemed to be in conformity if they are within five feet of the average of the existing setback on either side of the new construction. Side yard setbacks shall be no closer than the side yard setback adjacent to the new construction or 20 feet whichever is less. On corner lots, side yards shall be treated as front yards and shall be the same as that required for the primary front yard. (3) Accessory structures such as garages, sheds,greenhouses etc. shall be located in a separate structure behind the rear edge of the main building and comply with side and rear yard setbacks. (4) New residential structures shall construct at least a six(6)foot wide side walk. c. Parking Placement for Residential and Nonresidential Uses (1) Parking for single family residential use shall be on site and conform to standards for residential uses in other single family districts. (2) Parking for nonresidential uses in commercial structures must be provided off-site from the main use or behind the use with access from the alley if applicable. Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front,on the side or to the rear of the main building. (3) Parking for nonresidential uses in residential structures shall be behind and/or to the side of the main structure,provided no parking spaces are closer to the front of the main building than the mid-point of the side facade.Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front,on the side or to the rear of the main building. (4) Existing nonresidential uses may be renovated,reconstructed,and expanded up to l 0 percent of their original floor area without having to comply with these parking standards. (5) New construction of commercial structures less than 4,000 square feet which is placed in a block face with existing historic commercial buildings shall not be required to provide off-street parking. Page 4 CITY 7n WYLIE Zoning Ordinance (6) New construction of commercial structures over 4,000 square feet will be required to provide off-street parking under the following standards: (a) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (b) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site.No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (c) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. (7) Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meet the standards for other nonresidential developments. (Article 4, Section 4.3) 5. Architectural Design Standards a. Street Facade—Commercial Structures (1) Primary street facades for nonresidential buildings in the Downtown Historic District shall have the following basic features of existing historic buildings: (a) Cornice at top of facade; (b) Display windows with transom windows above and lower window panels below. (c) Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. (d) Second floor windows,recessed with multiple lights, lintels, and sills. (2) Architectural elements such as doors,windows,awnings,canopies and architectural details shall be compatible with the overall visual qualities existing within the historic buildings downtown.Maintain as much of the original basic facade as possible.The basic façade consist of three parts: the storefront,with large display windows and transom; the upper facade, with large regularly spaced windows; and the decorative cornice. (3) Choice of color for the primary facade,various architectural elements,or details shall be eempatible-in conformance with the color palette-scheme existing within downtown and appropriate for the historic and architectural character of the commercial structure. (Sherwin Williams Preservation Palette,Valspar Historic Color Palette or equal would be an approved color palette) (4) In addition to the above,all commercial structures shall have at least two of the following desirable design features as appropriate: (a) Street facades on side streets that meet the requirements for primary facades; or (b) Buildings on corners which create a diagonal corner cut with the entrance on the corner; or (c) Pediments added to the top of the facade; or Page 5 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS On'(Jr lVvue Zoning Ordinance (d) Decorative brickwork and architectural detailing on or around the cornice, fascia,pilasters,or around windows; or (e) Use of natural wooden doors with glass windows;or (f) Projecting canopies and or awnings placed over the ground floor windows and doors Pediment Cornice ��-�____r�i►� k r K r 0� Cornice .. k . Tkn� `Decorative Brick Work Window Lintel 1 Upper Window Sash -�-- _ I I Facade Window Sill _ Fascia Sign Board C ' Transom j 111 Windows �-�„ Display Windows ---- . - 1 Storefront Lower Window Panels 1 - � 7-1 • Pilaster . Figure 6-2 Typical Features of Commercial Structures in the Downtown Historic District b. Street Facade-Residential Structures (1) Residential structures within the Downtown Historic District shall have the following basic features of existing residential structures in the district,as appropriate to the architectural style of the building.These features are depicted in the following illustration for definitional purposes. (a) Covered porches integrated into the front facade of the main structure; (b) Multiplicity of roof forms; (c) Columns and railings defming porch; (d) Windows with multiple lights; (e) High pitch roof lines; and (f) Architectural detailing of gables,window and door casings,eave lines,and foundations. (2) Residential structures shall face the main street. (3) Residential structures that have a room projecting from the primary line of the front facade shall have an covered porch across the inset portion of the facade. (4) Residential structures which do not have any projecting rooms shall have a covered porch across at least two thirds of the width of the facade. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 6 t _ CIT1+)1 milk Zoning Ordinance (5) Porches on residential structures shall be covered with a roof that is integral to the main roof of the structure, or covered with a roof that is a substantial architectural element integral to the design of the front facade. (6) Porches shall have columns and railings around the edge of the porch except for the entrances steps. (7) Choice of color for the primary facade, various architectural elements, or details shall be compatible in conformance with the color palette scheme appropriate for the architectural style of the residential structure. (Valspar Southern I-Ieritage GroupSherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color ._._,,,___,________ ,.._:___._. ._ _ __ palette) i',L '' Multiplicity of roof forms (7,,,r'' ti� f ::- V _ .,.7. ..e_lex7,-,- ie ri ____ i _Ill', � � �l�i�� �. ,, _.__- Windows w/multiple lights SkirtingPorch columns and railings Architectural "` I� • ''?"' d--tails--��, ' High pitch roof :=r �-;-,. -=,—,, / •i * I �r �.� ~� it 61 •o. ��o;>• _ ... 1J iI�U�� - •-. ' ¢ I Covered porches with columns and rails Figure 6-3 Typical Features of Residential Structures in the Downtown Historic District (8) In addition to the above all residential structures shall have at least two of the following desirable design features as appropriate: (a) Use of skirting along the base of the building, in a manner appropriate to the architectural design of the building. Skirting materials shall be durable, suitable for exterior exposure,and installed in accordance with the manufacturer's installation instructions. Skirting shall be secured as necessary to ensure stability, to minimize vibrations, or minimize susceptibility to wind damage; or (b) Use of foundation plantings to soften and conceal the foundation; or (c) Use of architectural detailing appropriate to the architectural style of the building. Architectural detailing includes but is not limited to elements such as carving in porch rails, turned stiles,use of ornamentation around windows, doors,gave lines, porches, and decorative windows and materials within gables. c. Building Proportions-Commercial Structures Page 7 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Cino of WYLir Zoning Ordinance (1) Overall height of single story commercial buildings in the Downtown Historic District shall be between 18 and 26 feet. (2) The proportion of the height to width of the facade between pilasters shall be in the range of 2.5 to 1 to 3 to 1.The basic window units shall be between 2 to 2.5 times the remaining height to the top of the cornice. (3) The ground floor facade shall have at least 45 percent of its area in transparent windows, or doors.The second floor facade shall have at least 20 percent of its area in windows.The area of windows includes any mullions framing individual lights within the window frame. (4) The building height shall not exceed thirty-five(35') feet at the highest point of the cornice and up to forty(40') feet for architectural elements including but not limited to turrets,pinnacles and pediments. d. Building Proportions—Residential Structures (1) Residential structures within the Downtown Historic District may be a maximum of two stories in height,so long as the second floor is located under the roof over the first floor. Dormers and/or windows in the gable end of the roof shall be used to provide light and air. (2) Residential structures shall have a minimum roof pitch of 8:12. (3) The building height shall not exceed thirty-five(35')feet at the roof ridge and up to forty(40')feet for architectural elements including but not limited to turrets, pinnacles. e. Building Materials-Commercial Structures The base facade materials for commercial structures within the Downtown Historic District shall be brick or stone.Architectural details,trim,window or door framing may be wood, stone,cast stone, cast iron,or other materials compatible with the historic and architectural character of the-Downtown Historic District. f. Building Materials—Residential Structures (1) The base primary exteriorfacade material for residential structures within the Downtown Historic District shall be wood siding and/or composite masonry materials having a wood pattern. (2) The width of the siding shall be between four and five inches in width. (3) Renovation to existing residential structures should use materials which are compatible with the existing residential structure.Adherence to these material standards are encouraged where appropriate and/or possible. (4) Vertical siding is prohibited. (5) All development is defined by the base.middle and roof elements with particular attention to the front facade as this is the section that defines the character of the streetscape for the DTH. See Figure 6-4. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 8 r . CITY OF WI LIf: Zoning Ordinance 7 .-Lb... a_ 4. .: -- _ , . a ill)' ir;;:4?4 -..., --11 id, 1 _,_. i b. saa l � A -- g IL; . : ,IL- 'A _ - - - Figure 6-4 Expression of Base,Middle and Roof Elements g. Fencing—Commercial Structures Any fencing for commercial structures within the Downtown Historic District shall be in the rear of the building not visible from the street. h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. 6. Signs PURPOSE: All signs in this section are applicable to the Downtown Historic District only and are not appropriate to any other zoning district.The purpose of this section is to regulate the construction of new signs and alterations made to existing signs and to ensure Page 9 JAI Cm•orMUT Zoning Ordinance consistency and to preserve the Downtown Historic District as a desirable area that is pleasing and visually attractive. A. General Provisions: (1) Pole sign means any sign erected on a vertical framework consisting of one upright supported by the ground and where there is a physical separation between the base of the sign and the ground. (2) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. internally illuminated signs must be constructed of non-combustible material or approved plastics. (3) New signs should respect the size, scale and design of the historic building_ (4) New signs should not obscure significant features of the historic building. (Signs above a storefront should fit within the historic signboard for example.) (5) No sign permitted under the regulations of this section shall be installed without first obtaining zoning clearance and a sign permit. B. Signs for Residential Structures (1) The sign area of any one face shall not exceed sixteen(16) square feet in area. The sign area of a pole sign shall not comprise more than seventy percent (70%) of the entire sign structure. (2) The maximum height of a pole sign structure shall be six(6) feet when no lighting is included.The maximum height of a pole sign structure shall be eight(8) feet when a globe type light is included. (3) Logos and symbols may be illuminated or backlit by fluorescent fixtures.The use of indirect lighting is also allowed. (4) The use of a fluorescent color on a sign is prohibited. (5) No more than one pole sign may be displayed on a premise at any given time. (6) The sign may be placed adjacent to the public right-of-way,_provided it does not encroach on the sight visibility triangle and is a minimum of six feet from the outside face of curb. (7) Single acorn type luminaires. flutes. moldings or other traditional details are strongly preferred. See Figure 6-5. Page 10 l: 1N CITV OF%VIII! Zoning Ordinance r is ,. 720- • . y • : F' , ;'+Y R t.ly Uti. A; .' ADAMS \\ �1n4 It ARTS -1 •t • - : -1' . f.- •An,. Dees . L is Figure 6-5 Typical Pole Sign Features for Residential Structures C. Signs for Commercial Structures (I) The size of the sign shall be in proportion to the building and the neighboring structures and signs. (2) The total maximum allowable sign area for all signs is one square foot per linear frontage of a single tenant or multi-tenant building, not to exceed 64 square feet whichever is less. (3) Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. (4) No sign or portion of a sien shall extend above the cornice line at the top of the building face. Roof top siens are prohibited. (5) For buildings without a recognizable style, the sign shall adopt the decorative features of the building., utilizing the same materials and colors. (6) The structural materials of the sign should match the historic materials of the building. Wood. metal. stucco, stone or brick, is allowed. Plastic. vinyl or similar materials are prohibited.Neon,resin to give the appearance of wood. and fabric may be used as appropriate. (7) Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. Page 11 1; cmnr�b�u[. Zoning Ordinance D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: 1. Window Signs must not obscure more than 20 percent of the window area _per facade. 2. No illuminated Window Signs shall be allowed within two feet of the window surface,except for open/closed signs. E. Awning Signs 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet (6') in height and shall not be placed less than eight feet(8')above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet(2') from the back of the curb Iine. 3. Bottom of the sign shall be at least 8 feet above the sidewalk. 4. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 5. Signs shall not exceed sixteen (16) square feet per sign face. G. Canopy Signs 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet. whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy.The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. Page 12 Boundary Exhibit D — . =nylon--sr— "....mirimm""moort ....irli.a E 017757"111. ., ..„ Z , . :.., .• ,:,-•., . .. . .., .. , i •50Mirli E — 7• , . .-..., • . , .. s- '\--‘A.01 WAlar:.iL:-:: "r-, - le St -"MW E arble St -Il AI ...(55 .;:,I . '''' 'i:::,... I I'm . • -. . .-,. . , z, E Oak St 4 41,.. ' •, , ..,, OP 1 -,.. . 4. *IIhere. i gni . 1 . • . 111 110;r.t) r I ' ! . .. , 4e .,\% , • , : . A t 44 Masters Ave; - --.---,...—-, s. 4 _ , . Er , .... i i ' . ii, co..7.11 . 1.4 co;,1 - .-1 ...., _, INE cr) 41111k 9-- . . ....., _ ,:.. ...I. a Illef Industrial CI' 0 A . . .._..._• , Qr. . • .„--„e; . ,- . ma • 1 . ..... ..-..Buder St • E Butler St 777 , E Butler St- - , ..; . .. ,,atnce , . i • V et_, •rig i ,:' I - , r*:' - -- qc-ciplekA '' :' . .-- ...,2.r..1c.:EImager ,..)200,8 I ,•' ,be,Geof_ye, ap data .12.13,68 . la -4.'..s ,-"-' r t., EXHIBIT E Wylie McKinney TUDOR STYLE 1485-1603 E - Us - • /-.J,:;,..-, . • --- .', 1 L_J=L:L1 - !I tiz •,.., , _' . _L1ZT_:1 • :" ''L) . .-- _. ' , • VICTORIAN STYLES 1840 - 1904 It ..t'L,..1.,1-1._A—LJ , _, — 1' .:, _ - ...--••-- _ _ -..-___.• -.. , • k' • ''-I kr, , C. , ' .; - . .0 I i.....:.-_-_,-- .---- fif, •.••15711L"•'" .1-..' ...---" I ' I , VI' ,' ; --- — 6llittiri;;Will .. — __ '''''' •• *VIM COLONIAL REVIVAL 1880-1955 • ... • ,.- .4_, ir,„.: . • 1 '41) , • ''. .....011... -t.'',4•: . sV.. ,.. • -----'.-Jr•-.4-.''. .....= ,1 ,i VI t - IV:- rtt 11,4-trA,• , . i /: ih., 71', ,,,•., '4, ''7,4—:::,1:1 4' • ••=." 1,.. A. „lib- , h„,„,,,i,,,w.---,-.--...-: ....., .4.3 r it . . . . _...,1 -s,...• „:...,.....:„,;.,..,-.-----:.-,--;-!. - i' 4*- - ',..), ..it,,A.,!•1 fr:'", ,, ,, , ri .. „ --. 11 .1,1 ,...,, i. „,,,......,v; -!.......,..4-. .. _ . I , ,,hi t: .• -. - „. . . i• 1 , ,, . , ...r 1.-' . •ot.1. . ., . ^.- *10,'4 i•..1.D:N''.' ' N.. -.. ' ' tui.,..- ..,-, ,,taL",•_:.•;,. -_-.._...4. .•.- 1' — 77_ • ARTS &CRAFTS/BUNGALOW/CRAFTSMAN STYLE 1870- 1920 1"- , 4114• ,44- 1*- .. ... .. - . . • - -.4 -•., . • ., wr le=,'' • 4'•Wyli17 ... ea, - 11 - i n .,..,,__ ___,.. ... ,.....„ ._:,.,...,,,. . ...„„,,,..„,..,:.:.r, . ...„... ...., .., .., • •IiiithitiAAuili 1,..,. - . ..... ...„ . n,.,----=....... ___,- • - . EXHIBIT E Wylie McKinney ARTS &CRAFTS/BUNGALOW/CRAFTSMAN STYLE 1870 - 1920 --f 4' .7'," ''-•;. z .. .+!,•,.: .' A-_,- ..', e_I-1i!, ,.. .. .. .i I. , \... .e.. ,. .. ..,t. i- ...--s-,-. . . .._,.. , ..- . ...,...... . - -........„ .0.._ . ........ . • ,,, ........,_,3„ - 46.. ,._ ,,,• _....„ -...--7„....„:- •,-...,,,,, ....,. ‘,,„ ...,..., ..,•••••--_ - ,.. _ , - -- f-, •---.:47, IL::: , 1 %3. •.".1';',V,'%-'.... " • - ., r- ..• ._ .. , r ,..4:, . ., • •. 1 , .1.'...' I. . . --.--. .. , ,,. ...;„..... "......„,....,......„:„.„ .. ......,..... • r----1.- - Uzi_ lr - .., - .. _ g •,.:,...,, ...-- . . _ ,,, ....- .... _ ...,. RANCH STYLE 1950's & 1960's • -.'t -• -- - v - • ;i1P-P:il'..=Iv:.'..--.1*--t-4.,•,:...,1;.*:-'"771. .._; :',- '4'1* --• •44.;i4t-c i"..;•--,n't:,..-.4,,,- ..„-. . . •- -. -•4,,' • iLi,. , _ -..‘.-''....,./.:;4C}: -.F --- •.':.;`•-•q•eY;- -.‘:. ;1: :i." C ' --N.v. • . ' - . :• - 1,4 ----...:*,,,,,-,,,, , , ..,.. :,..4... . .,;:c.i,,,..,,,,,...._„: — •,.—_-_ , _- _ 1. ....:_-.,.;4,, ,,!. 1111- .:• -"kik, •-•:: tr- '.. 1 :_111 I 1 _I , , •.• ,.„.• „, •. ..-,-- .-„,:••_,.....• , 1, ..„...• 1,..... . ..t, . _ 1,• •)--it,-. - '— - - - — __ --- _ _ • - _ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 2 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: 09/15/08 Budgeted Amount: Exhibits: Rate Study, Ordinance Subject Consider ,and act upon, Ordinance No. 2008-44 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). Recommendation Motion to approve Ordinance No. 2008-44 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). Discussion In 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporated the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the expansion of the Muddy Creek Regional Wastewater Treatment Plant. A 3.25% increase per year over the next five years was proposed in the rate study (Financing Scenario 2). The new rate structure includes 1,000 gallons in the minimum monthly bill and incorporates a stronger conservation rate design for residential and irrigation meters (Rate Alternative 2). The attached ordinance incorporates these recommendations into the water and sewer rates for FY 2009. Approved By Initial Date Department Director CH 9/15/08 City Manager If/�� l///g k Page 1 of 1 ORDINANCE NO. 2008-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SECTION 1.00 (WATER AND SEWER RATES AND FEES), SUBSECTION 1.02 (WATER RATES) AND SUBSECTION 1.03 (SEWAGE COLLECTION AND TREATMENT RATES); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to adopt the amendments to Section 1.00 (Water and Sewer Rates and Fees) of Ordinance No. 98-16 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 1.02 (Water Rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.02 (Water Rates) is hereby amended to read as follows: § 1.02 Water rates. (a) The following monthly water rates shall apply to all residential customers within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $8.90 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $2.82 2,001 to 10,000 gallons $2.82 Over 10,000 gallons $3.68 (b) The following monthly water rates shall apply to all commercial customers (other than apartments, mobile home parks and other multi-unit dwellings not individually metered)within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $3.22 Over 2,000 gallons $3.22 Item#2-Attachment-Ordinance-amending 98-16-water fees 2009.DOC Page 1 (c) The following monthly water rates shall apply to all apartments, mobile home parks and other multi-unit dwellings not individually metered within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $3.22 Over 2,000 gallons $3.22 (d) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption Residential irrigation meter $8.90 Commercial&Multi-Family irrigation meter ..$12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $4.08 Over 2,000 gallons $4.08 (e) The monthly water charge for any customers (residential, commercial, apartment, mobile home park and other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie,Texas, shall be at the rate of 115 percent of the rate charged customers inside the corporate limits of the city. (f) Any bulk water customer, who desires to withdraw water from a hydrant or other source, not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25-gallon increments at the same rates as the commercial customer. SECTION 3: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 1.03 (Sewage collection and treatment rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.03 (Sewage collection and treatment rates) is hereby amended to read as follows: § 1.03 Sewage collection and treatment rates. (a) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie,Texas: (1) Monthly minimum charge(first 1,000 gallons of metered consumption) $21.50 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) .$1.82 (b) A sewer fee of$27.00 shall be charged for each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption. (c) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park and other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of 115 percent of the rate charged customers inside the corporate limits of the city. (d) All references to gallons and consumption in this section shall mean water usage, which shall be used to determine the sewer rates herein imposed. SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All Item#2-Attachment-Ordinance-amending 98-16-water fees 2009.DOC Page 2 provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 23rd day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date to be published in The Wylie News—October 1,2008 Item#2-Attachment-Ordinance-amending 98-16-water fees 2009.DOC Page 3 Table L? ISaw/urea- W Planned Planned Planned Planned Revenues Geneinied 2007 2000 2009 2010 Percentage increase (1) i2) i3) (4) IYOuniliyhianueu Ells. Resdenfial $ 1500 $ 15.00 $ 15.00 $ 15.00 Cagnmercial 21.50 21.50 21.50 21.50 Aoki-F'amiy 23.00 23.00 23.00 23_00 Valumeiric Raies per Th_ Gallons 1,001 to 2,000 Gallons $ 1.57 $ 1.69 $ 182 $ 1.95 Over 2,000 Gallons(Nute 1) 1_57 1.69 182 1.95 Table 1.6 Eviating & P. Rafe&Metz FY2007 Planned Planned Planned Planned 2007 2111111 2110 11) (2) (3) (4) 3.25% 3.25% 3.25% 325% Revenues Generated Resided 3 0.90 $ 0.90 3 850 3 8.90 Commercial 0.90 0.90 0.90 8.90 lulu -Fanny 8.90 8.90 8.90 0.90 Valumetri Rides perTh_Gallons Bo�d�l: 1,001 to 2,000 Gallons I 2.58 $ 2.70 $ 2.02 $ 2.95 2,001 to 10,000 Galons 2.58 2.70 2.02 2.95 Oyer 10,000 Gallons 3.37 3.52 3.50 3.05 1,001 to 2010 Gallons i 3.73 1 320 i 4.08 ; 4.26 Over 2,080 Gallons 3.73 3.90 4.08 4.26 Commercial&1dI� Famiy, 1.001 to 2.000 Gallons $ 2.95 $ 3.08 $ 322 $ 3.36 Over 2,000 Gallons 2.95 3.08 322 3.36 City of Wylie, Texas Development of Water & Wastewater Rates August 2006 McLain Decision Support Systems Government Utility Rate Practice 201 W. Southwest Pkwy., #4105 Lewisville, TX 75067 (972) 436-6181 —Fax (972) 692-5397 McLain Decision Support tfir Systems Mc LAIN R.l rr N1,1.nn.Prin.r.I•AL I.nn IV 1,1 ei Snrlt,n�r.mu« Lc114'.�nnhaca PL.,c •Lou,111, 0721}PI-,I I Ott,, •ta7:11,o .iiu7I--n•( 14);`'I.ini'N1.•I,h • 1,40,1 ttn,1,1...:.111 August 9, 2006 Mark Roath City Manager City of Wylie 2000 HWY 78 Wylie, TX 75098 Dear Mr. Roath: Enclosed is the final report titled, Development of Water & Sewer Rates, prepared by McLain Decision Support Systems (McLainDSS). The report conveys the findings, conclusions, and recommendations of our firm with respect to the development of water and sewer rates to cover the projected water and sewer enterprise fund costs for the period 2007 - 2016. The report includes a significant amount of assumptions and detailed tables and worksheets. The detailed tables, exhibits, and worksheets provide an understanding of where the numbers come from and the related impact the rate design alternatives rates will have on the system's customers. We have appreciated the courtesies and professional relationship extended to us during this engagement by City management and staff. Very truly yours, Robert McLain, Director Government Utility Rate Division McLain Derision Support Systems Mci AIN Yt �h1 for I rinap.tl•Ftct.u❑lk,,,t •tt.rrm. _ia . othwc,.r Pkv., .41'i•i.c•i..ilk IN 7NF 07'1 41h.t,!$I Otte •or')t '5ta7 F,z•t'i41 w ihi;M HI,•I.I,rat,,.l.urn i III Table of Contents I. Executive Summary 1 1.1.Introduction 1 1.2.Financial Plan Key Management Assumptions 1 1.3 Financial Plan Findings 3 1.4 Financial Plan Notice 3 1.5 Financing Scenarios 3 1.6 Rate Design Objectives 6 1.7 Overview of Rate Design Alternatives 6 1.8 Customer Impact 8 II. Identification of the Revenue Requirements 9 2.1.Introduction 9 2.2 Key Cost of Service Assumptions 9 2.2.1. Growth Assumptions 9 2.2.2. NTMWD Water Purchase Costs 11 2.2.3.NTMWD Wastewater Treatments 12 2.2.4. Additional Staffing 14 2.2.5. Inflation Drivers 15 2.2.6. Water Capital Improvement Program 16 2.2.7. Wastewater Capital Improvement Program 16 2.2.8. Use of Impact Fees 16 2.2.9. Collection of Impact Fees 26 2.2.10. Renewal & Replacement Costs 27 2.2.11. General Fund Transfers 28 McLoin Decision Al Support Systems MCI AIN ft;.hn Md..+in,Prim II•1/41,1..un 1>t,1.1„n Fupr+r 2L't '1/4. •41Ji•L.„m,l!<,TX 7i,".6 to; 14in.nl,al 1'f6,,•447'1{,y'.i1 7F •{'141Hu;.its!b1.,Fdu•It,IHzn,.1,u,Jd.,au List of Figures 1.1.Recap of the Impact of Each Financing Scenario 4 1.2.Key Adequacy Tests—Financing Scenario 1 4 1.3.Key Adequacy Tests—Financing Scenario 2 5 1.4.Key Adequacy Tests—Financing Scenario 3 5 I.5.Rate Alternatives 6 1.6.Existing& Alternative Rate Structures - Water 7 1.7.Existing & Alternative Rate Structures - Wastewater 7 1.8 Illustration of Monthly Impact: Water& Sewer Monthly Bills 8 2.1 Growth- Water 10 2.2 Growth - Wastewater 10 2.3 Water Loss Percentages—Inflow/Infiltration Percentages 11 2.4 Water Purchases from NTMWD 11 2.5 NTMWD Wastewater Treatment Costs (Wylie Wastewater Treatment Plant Costs) 12 2.6 NTMWD Wastewater Treatment Costs (Muddy Creek Interceptor Costs) 12 2.7 NTMWD Wastewater Treatment Costs (Muddy Creek Wastewater Treatment Plant) 13 2.8 Recap of NTMWD Wastewater Treatment Costs 13 2.9 City of Wylie Utility Staffing Levels 14 2.10 Personnel-Related Costs 14 2.11 Total Departmental Operating and Maintenance Costs (Excluding NTMWD Costs) 15 2.12 Recap of Operating and Maintenance Costs 15 2.13 Revenue Debt—Existing—Water& Sewer 16 2.14 Revenue Debt—Existing—Water Portion 17 2.15 Revenue Debt—Existing—Water Portion Eligible for Impact Fees 17 2.16 Revenue Debt—Existing—Wastewater Portion 18 2.17 Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 18 2.18 Non-Revenue Debt—Existing—Water& Sewer 19 2.19 Non-Revenue Debt—Existing—Water Portion 19 2.20 Non-Revenue Debt—Existing—Water Portion Eligible for Impact Fees 20 2.21 Non-Revenue Debt—Existing—Wastewater Portion 20 2.22 Non-Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 21 2.23 Water Capital Improvement Plan 21 2.24 Revenue Debt—Planned—Water Portion 22 2.25 Revenue Debt—Planned—Water Portion Eligible for Impact Fees 23 2.26 NTMWD Contract Revenue Debt 23 McLoin Decision Support Systems MCLAIN R&.Jrrr Xlztnin.Principal•Fkl.on! n `o.00n Til W'.::.ulrwc.r Pks, r41Ji•P.ais.,IL.TX 75 Y•7 07'1}io-t,lnl f Flu •07'1I,V`.ito;F.is•1't41 xu1-i6i,'M,Ed.•iv+I etm.I:u.J6.o jai 2.27 NTMWD Contract Revenue Debt—Portion Eligible for Impact Fees 24 2.28 Recap of Use of Impact Fees - Water 24 2.29 Recap of Use of Impact Fees - Wastewater 25 2.30 Recap of Debt Service 25 2.31 Recap of Impact Fees—Water—Sources & Uses of Funds 26 2.32 Recap of Impact Fees—Wastewater—Sources & Uses of Funds 26 2.33 Recap of Non-Operating Costs—Transfer to Renewal & Replacement Fund 27 2.34 Recap of Non-Operating Costs 27 2.35 Recap of the Total Gross Cost of Service 28 2.36 Recap of Non-Rate Operating Revenues 29 2.37 Recap of Non-Rate Non-Operating Revenues 29 2.38 Recap of Revenue Offsets 30 McLain Decision Support Systems McLAIN Rohn Malin.Pr,,n .I•NI,lam1),1, i%'lfl i'qt.., :cl V4'ti,nnhwe> 13,w1 •4175•Lcwi.vIlk TX 7504,7 9721416.611+I CIt6a•1472)(42 5197 fa.•(21.0 s43 3652 I.d.dc•Is I ll wl SECTION I—EXECUTIVE SUMMARY 1.1 INTRODUCTION: The following report describes the findings of the water and wastewater rate study performed for the City of Wylie and makes recommendations with respect to the rates to be charged to the City's municipal utility customers. The objectives to be achieved within the scope of the engagement are as follows: • To develop the bases to be used to project the units of service and cost of service for each utility over a ten-year planning period, FY 2007 - 2016; • To identify the full cost of water and wastewater services over the ten-year planning period based on the FY 2007 proposed budget: • To develop proposed alternative water and wastewater rates which will provide sufficient annual revenues to meet expenditures for all operating and non-operating costs; • To prepare financial projections using the cost-based rates, supplemented by a description of the key assumptions underlying the projections; • To create an executive summary documenting our findings and recommendations; 1.2 FINANCIAL PLAN KEY MANAGEMENT ASSUMPTIONS: The following major key planning assumptions were used to drive the ten-year cost of service: • Growth t: 907 additional water meters annually, which results in a customer growth rate of about 4% - 9% annually. Furthermore, 1,041 to 1,042 additional annual wastewater accounts will be added over the planning period. (See Tables 2.1 and 2.2 in Section 2); • NTMWD Water Costs. Table 2.4 in Section 2 illustrates the growth in NTMWD water costs, assuming the rate per thousand gallons will increase incrementally, per the NTMWD presentation dated March 20, 2006. 1 Based on growth assumptions in Impact Fee Study update,Table No. 8,Table No.9,page 21,confirmed by Chris Hoisted. SECTION I—EXECUTIVE SUMMARY PAGE 1 McLain �` Decision Support Systems McLAIN R,krt V4cL:nn.Print,rtl•NI,L lhtiisnm�ulpavr�crours fit A' ,nnhw,nl Moss.•410i•I t,i,v Ik,TX 717n+7 (972)496-6141 illtl.c•lu727 b92-1)97 F.,',•i?14)SQj.3Gi2 M'In,•I',I"u d 1.1,13,..wn • NTMWD Wastewater Costs. Tables 2.5 through 2.8 in Section 2 illustrate to the reader the increases in wastewater treatment costs over the next ten years. It should be noted that the additional debt service associated with the Muddy Creek Wastewater Treatment Plant expansion is incorporated into these cost estimates. • Additional staffing. Table 2.9 in Section 2 illustrates the addition of three (3) additional positions in FY 2009. • Inflation: Salaries were increased annually using expenditure drivers of 6%,based on the FY 2007 budget. Medical insurance was increased at the rate of 7% annually. Most other operating and maintenance costs were driven by an annual inflation factor of 3% • Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,700 over the next three years, beginning with a $6,500,000 issue in FY 2007. Table 2.23 and Table 2.24 in Section 2 show the water capital improvement program. • Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 — 2.29 in Section 2 of this report illustrate the importance of this funding source. • Transfer to the Renewal and Replacement Fund. We have incorporated into the revenue requirements the cost of funding the renewal, rehabilitation, and replacement of the infrastructure of the water and wastewater system, beginning with FY 2007-08. Table 2.33 shows the basis for these transfers. • Transfer to the General Fund -This transfer increases 4%per year. (This transfer is shown on Table 2.34 in Section 2). SECTION I—EXECUTIVE SUMMARY PAGE 2 McLain Ai Decision Support Systems Mc LAIN Rnkrt Maim,Prot.it al•M L.un 1)CcupYn>upp.r ',ILIA, i. 2J1 1C'.S,nnbwe.i PkwS_•410i•Loci..lk,TX 75007 9721436-6161 Olti.•t9721664222-i397 Fr.•121.0.01-S652 At..b,tc•I.,I.zkm I,*Jd,.. .. • Reserve Levels — We have targeted reserve levels of 25% (90 days of the cost of service), per the financial policy of the City. 1.3 FINANCIAL PLAN FINDINGS: • The water and wastewater fund is in excellent financial condition. The water and wastewater fund ended FY 2005 with $5,769,268 in operating reserves (304 days), (Table 1.2). However, it is expected that the water and wastewater fund will end FY 2006 with $4,609,111 in operating reserves (188 days). 1.4 FINANCIAL PLAN NOTICE: • Water and wastewater costs have been projected for the period FY 2007 through FY 2016, based on the proposed FY 2007 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. Monitor expenditures very carefully over the planning period, compared to the expenditure levels shown in this report. Because the forecasts are developed upon expenditure levels outlined in this report, any significant increases of expenditures over the planned expenditure levels will affect the sufficiency of revenues over the study period. • Note — because the financial plan is so heavily dependent on growth, we strongly recommend that the rate study should be updated annually. 1.5 FINANCING SCENARIOS: • Three financing scenarios have been developed for the City's consideration. They are: Scenario 1: Do not raise rates until absolutely necessary; Scenario 2: Increase rates annually over several years; Scenario 3: Increase rates every other year. SECTION I—EXECUTIVE SUMMARY PAGE 3 McLain A Decision Support Systems Mc LAIN Rohr McLain,I'unup.d•Ric Lon Ik,Yi., n support�.tem. ?,1'x'.Snnhuca Pkwv..•410S•t in ilic,l n i Si5(+7 0)72)116r6ISI LMtl.e•19721 042 13,•t2141 N41-(SS'-t 1o6iL•1,144..1 nndd...,,m Table 1.1 Key Findings Recap of the Impact of Each Financing Scenario Scenario 1 Scenario 2 Scenario 3 Average Residential Average Residential Average Residential Water&Sewer Bill Water&Sewer Bill Water&Sewer Bill 5,000 gals WS 5,000 gals WS 5,000 gals WS Change Winter, Bill Change Winter, Bill Change Winter, Bill Fiscal In 13,000 gals $$ In 13,000 gals $$ In 13,000 gals $$ Year Rates Summer Change Rates Summer Change Rates Summer Change 2005 N/A $ 55.07 $ - NIA $ 55.07 $ - N/A $ 55.07 $ - 2006 - 55.07 - - 55.07 - - 55.07 - 2007 - 55.07 - 3.25% 56.86 1.79 5.50% 58.10 3.03 2008 - 55.07 - 3.25% 58.71 1.85 - 58.10 - 2009 12.50% 61.95 6.88 3.25% 60.62 1.91 5.50% 61.29 3.20 2010 6.00% 65.67 3.72 3.25% 62.59 1.97 - 61.29 - 2011 - 65.67 - 3.25% 64.62 2.03 5.50% 64.67 3.37 2012 - 65.67 - - 64.62 - - 64.67 - 2013 - 65.67 - - 64.62 - - 64.67 - 2014 - 65.67 - - 64.62 - - 64.67 - 2015 - 65.67 - - 64.62 - - 64.67 - 2016 65.67 - - 64.62 - - 64.67 - 18.50% $ 10.60 16.25% $ 9.55 16.50% $ 9.60 • Financing Scenario 1: The City does not need to increase overall rates until 10/01/2008, if all key planning assumptions do not drastically change. However, if the City chooses to wait until 10/01/08, then the rate increases will need to be 12.5%, as shown on Table 1.2. Table 1.2 Key Adequacy Tests Financing Scenario 1 Don't Raise Rates Until You Have To Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A $1,410,395 $5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 - (265,916) 4,343,196 178 48.9% 55.07 - 2008 - (1,181,319) 3,161,876 112 30.6% 55.07 - 2009 12.50% (327,901) 2,833,975 92 25.1% 61.95 6.88 2010 6.00% 195,435 3,029,411 91 25.0% 65.67 3.72 2011 - 468,055 3,497,465 103 28.1% 65.67 - 2012 - 501,512 3,998,978 112 30.7% 65.67 - 2013 - 535,125 4,534,102 122 33.3% 65.67 - 2014 - 469,866 5,003,969 128 35.1% 65.67 - 2015 - 417,957 5,421,925 133 36.4% 65.67 - 2016 - 819,037 6,240,962 151 41.4% 65.67 - 18.50% $10.60 SECTION I-EXECUTIVE SUMMARY PAGE 4 b. McLain -. Decision Support Systems illibdr` McLAIN Robert Mda(n.Cnnupal•AI.L.un I) t i,'4111,,n',Will, 201 A'S,nnlrwe,(11w,.,•412‘i•1c}cm IIIc.TX 7),207 (972)Oki-OIMl 0l6.c•('722)642 i197 F.w•(214)89i((n:RM,itc•1*I4n,claur.W>..,uu • Financing Scenario 2: If the City decides to raise rates gradually over the planning period, every year, then the revenue increases will need to be as shown on Table 1.3. Table 1.3 Key Adequacy Tests Financing Scenario 2 Raise Rates Incrementally Every Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 3.25% 3,779 4,612,890 190 51.9% 56.86 1.79 2008 3.25% (583,689) 4,029,201 142 39.0% 58.71 1.85 2009 3.25% (559,191) 3,470,010 112 30.8% 60.62 1.91 2010 3.25% (383,989) 3,086,021 93 25.5% 62.59 1.97 2011 3.25% 252,619 3,338,640 98 26.8% 64.62 2.03 2012 - 270,821 3,609,462 101 27.7% 64.62 - 2013 - 289,077 3,898,539 105 28.7% 64.62 - 2014 - 208,259 4,106,797 105 28.8% 64.62 - 2015 - 140,594 4,247,392 104 28.5% 64.62 - 2016 - 525,824 4,773,216 116 31.7% 64.62 - 16.25% $ 9.55 • Financing Scenario 3: If the City decides to raise rates gradually over the planning period, every other year, then the revenue increases will need to be as shown on Table 1.4. Table 1.4 Key Adequacy Tests Financing Scenario 3 Raise Rates Incrementally Every Other Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 5.50% 190,490 4,799,602 197 54.0% 58.10 3.03 2008 - (684,297) 4,115,305 145 39.8% 58.10 - 2009 5.50% (441,282) 3,674,023 119 32.6% 61.29 3.20 2010 - (627,842) 3,046,181 92 25.2% 61.29 - 2011 5.50% 258,156 3,304,337 97 26.6% 64.67 3.37 2012 - 276,895 3,581,232 100 27.5% 64.67 - 2013 - 295,689 3,876,921 104 28.5% 64.67 - 2014 - 215,407 4,092,328 105 28.7% 64.67 - 2015 - 148,280 4,240,608 104 28.5% 64.67 - 2016 - 534,047 4,774,655 116 31.7% 64.67 - 16.50% $ 9.60 SECTION I-EXECUTIVE SUMMARY PAGE 5 McLain Decision ' Support Systems Mc LAIN Robot?k-L nn.Prnti t II•NI, Itcci.o,n tint+p„n S�.n•em 201 VG'.S.+udtwcri Pkwt. +4I0i•LP111,OIL,TX 756',7 972 i 41t;-tiIi'I .v•147:1(NZ i Si I.tx•t:14,Nqi •1,11,4.1411utd..<<nt, 1.6 RATE DESIGN OBJECTIVES: Several rate design alternatives were developed for the City's consideration. However, based on prior discussions with City staff and Council, we have brought two rate design alternatives to the City Council for consideration. Following is a recap of the objectives we wished to achieve with these alternatives: • All alternatives recover the revenues necessary to fund the cost of service for FY 2007. We have brought to the City rate design alternatives which should last for at least the next two years, assuming the overall cost of service does not differ materially than planned. Note — the existing water rate design could last until 10/01/2008, per Table 1.2. • However, we have assumed any changes in rates would be implemented on October 1,2006. 1.7 OVERVIEW OF RATE DESIGN ALTERNATIVES: We are bringing rate design alternatives that have the following characteristics: Table 1.5-Rate Alternatives Existing Alt Alt Alt . 1 2 3 Includes 1,000 gallons in the monthly minimum bill ✓ ✓ ✓ ✓ Across-the-board increase to existing rate design ✓ Includes existing monthly minimum bills with no change ✓ ✓ ✓ Incorporates a stronger conservation rate design for residential and ✓ ✓ irrigation meters Incorporates a seasonal conservation rate design for residential and ✓ ✓ irrigation meters SECTION I—EXECUTIVE SUMMARY PAGE 6 1► McLain A Decision Support Systems McLAIN R„h rr sia.,n.Prurcrpal•RlcL, n hrt &n',”1-.p.,n�\.<rcir« .N W.Sowlme.1 Pkwv,.a4lCi•Lewi.rdlc,TX iikNoT. 97'.Wi64,141.hItt•(9721(v ii,Y7Fs•(2144ti,71.i6i2M„bdc•kl.', lnadl.t,nu Table 1.6 Existing&Alternative Rate Structures-Water FY 2007 Financing Scenario 2 Financing Scenario 3 Existing 1 2 3 1 2 3 Note(1) Note(1) Revenues Generated $4,752,920 $4,907,390 $4,907,390 $4,907,390 $5,014,331 $5,014,331 $5,014,331 3.25% 3.25% 3.25% 5.50% 5.50% 5.50% Monthly Minimum Bills: Residential $ 8.90 $ 9.19 $ 8.90 $ 8.90 $ 9.39 $ 8.90 $ 8.90 Commercial 8.90 9.19 8.90 8.90 9.39 8.90 8.90 Multi-Family 8.90 9.19 8.90 8.90 9.39 8.90 8.90 Volumetric Rates per Th.Gallons Residential: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.58 $ 2.62 $ 2.29 $ 2.66 $ 2.70 2,001 to 10,000 Gallons 2.90 2.99 2.58 2.62 3.06 2.66 2.70 Over 10,000 Gallons 2.90 2.99 3.37 3.42 3.06 3.47 3.52 Irrigation Meters: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 3.73 $ 3.79 $ 2.29 $ 3.84 $ 3.90 Over 2,000 Gallons 2.90 2.99 3.73 3.79 3.06 3.84 3.90 Commercial&Multi-Family: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.95 $ 2.99 $ 2.29 $ 3.03 $ 3.08 Over 2,000 Gallons 2.90 2.99 2.95 2.99 3.06 3.03 3.08 (1)-Peak months are June-October. With Alternative 3,the higher rate above 10,000 gallons will only be charged during the peak months. Table 1.7 Existing&Alternative Rate Structures-Wastewater Financing Scenario 1 Financing Scenario 2 Existing 1 2&3 1 2&3 Revenues Generated $ 3,545,379 $ 3,660,604 $ 3,660,604 $ 3,740,375 $ 3,740,375 Percentage Increase 3.25% 3.25% 5.50% 5.50% Monthly Minimum Bills: Residential $ 15.00 $ 15.49 $ 15.00 $ 15.83 $ 15.00 Commercial 21.50 22.20 21.50 22.68 21.50 Multi-Family 23.00 23.75 23.00 24.27 23.00 Volumetric Rates per Th.Gallons 1,001 to 2,000 Gallons $ 1.45 $ 1.50 $ 1.57 $ 1.53 $ 1.65 Over 2,000 Gallons(Note 1) 1.45 1.50 1.57 1.53 1.65 Note-Residential volume for wastewater is capped at 14,500 gallons. SECTION I-EXECUTIVE SUMMARY PAGE 7 McLain Decision Support Systems McLAIN R.hcn N1,Um.E'ruurpal•hf.L.un •rrm= SouthWe+i Rwv.-410i•Lrwi.vrlln,TN 75007 i)7'H3G.(;lni Oat,•07_2)02-ii97f=as•(214}N93 it,52 Wink•1 ,),4u:,IoinIJ,_,.fnr 1.8 CUSTOMER IMPACT: Table 1.8 illustrates the impact of the rate design alternatives on customers at the average consumption levels: Table 1.8 Illustration of Monthly Impact Water&Sewer Monthly Bills Residential Commercial Average Monthly Consumption -June-October 13,000 66,000 Average Monthly Consumption-Nov-May 5,000 39,000 Average Monthly Water&Sewer Bill:Existing $ 55.07 $ 247.16 Average Monthly Water&Sewer Bill:Alternative 1 -(3.25%): $ 56.86 $ 255.19 Difference-$ $ 1.79 $ 8.03 Difference-% 3.25% 3.25% Average Monthly Water&Sewer Bill:Alternative 1 -(5.50%): $ 58.10 $ 260.75 Difference-$ $ 3.03 $ 13.59 Difference-% 5.50% 5.50% Average Monthly Water&Sewer Bill:Alternative 2-(3.25%): $ 55.33 $ 255.93 Difference-$ $ 0.26 $ 8.77 Difference-% 0.47% 3.55% Average Monthly Water&Sewer Bill:Alternative 2-(5.50%): $ 56.49 $ 264.10 Difference-$ $ 1.42 $ 16.95 Difference-% 2.59% 6.86% Average Monthly Water&Sewer Bill:Alternative 3-(3.25%): $ 56.22 $ 262.07 Difference-$ $ 1.15 $ 14.91 Difference-% 2.08% 6.03% Average Monthly Water&Sewer Bill:Alternative 3-(5.50%): $ 56.80 $ 266.33 Difference-$ $ 1.73 $ 19.17 Difference-% 3.14% 7.76% SECTION I-EXECUTIVE SUMMARY PAGE 8 McLain Decision 4111 Support Systems Mc LAIN Robcvr Ntclam.Principal•NkLain I''0.ni.,n S„pp,err I W.Srnnhwr't Pkwv.=,110i•Lcwi-ri te.TN 75 n7 19721 i1b.(ItrI 1141c,•0724 04:ii97('es•t2141 s')1.4,52 Ninldlc•1,1d4mclamddr.c,.m SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS 2.1.INTRODUCTION: A combined ten-year financial plan has been created for the water and wastewater fund using a "bottom-up" approach. Highlights of the City's water and wastewater cost of service over the planning period is presented in this section. Salaries have been supported by staffing tables. Operating and maintenance costs have been calculated in considerable detail. 2.2 KEY COST OF SERVICE ASSUMPTIONS: Water and wastewater costs were projected for the period FY 2007 through FY 2016, based on the proposed FY 2006 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. These financial projections were based on the following essential assumptions: • Growth; • Inflation; • Additional staffing; • Funding of capital program • 2.2.1. Growth assumptions. There is no assumption more critical than the growth assumptions that drive the financial plan. A substantial negative change in this growth forecast will have an adverse financial result, possibly requiring additional rate increases beyond what is shown in this report. Table 2.1 shows 9,073 water meters will be added over the planning period, which will increase water revenues substantially. Furthermore, Table 2.2 shows 10,431 wastewater accounts will be added over the planning period. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 9 McLain Decision Support Systems Mc LAIN Rnlvrr Md.Mn,Pnnnr.d•NI,Lam I'4x nnm 5urk<rr�s rem 2`1 1C'. .,mhwe.t Pkwr,•430i•Inn ilk,TX 75,s0 ;9721436 ti151 41Iti,n•1,72)t02 i1n7 Fan•(2141 5u3 3t62 Mum •1 ,bh u h n idd...,.m Table 2.1 Key Findings Growth- Water Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 10,246 N/A 11,043 N/A 1,357,777 N/A 2006 488 10,734 4.8% 10,418 -6% 1,341,982 -1.2% 2007 907 11,641 8.4% 10,302 -1% 1,439,042 7.2% 2008 907 12,548 7.8% 10,201 -1% 1,536,100 6.7% 2009 907 13,455 7.2% 10,115 -1% 1,633,160 6.3% 2010 907 14,362 6.7% 10,039 -1% 1,730,220 5.9% 2011 907 15,269 6.3% 9,973 -1% 1,827,279 5.6% 2012 907 16,176 5.9% 9,914 -1% 1,924,339 5.3% 2013 907 17,083 5.6% 9,861 -1% 2,021,398 5.0% 2014 907 17,990 5.3% 9,813 0% 2,118,457 4.8% 2015 907 18,897 5.0% 9,770 0% 2,215,517 4.6% 2016 907 19,804 4.8% 9,731 0% 2,312,577 4.4% Table 2.2 Key Findings Growth- Water Billed for Wastewater Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 9,653 N/A 9,955 N/A 1,153,144 N/A 2006 559 10,212 5.8% 9,396 -5.6% 1,151,364 -0.2% 2007 1,041 11,253 10.2% 9,298 -1% 1,255,498 9.0% 2008 1,044 12,297 9.3% 9,216 -1% 1,359,906 8.3% 2009 1,044 13,341 8.5% 9,147 -1% 1,464,306 7.7% 2010 1,043 14,384 7.8% 9,088 -1% 1,568,614 7.1% 2011 1,043 15,427 7.3% 9,037 -1% 1,672,923 6.6% 2012 1,043 16,470 6.8% 8,992 0% 1,777,231 6.2% 2013 1,043 17,513 6.3% 8,953 0% 1,881,548 5.9% 2014 1,044 18,557 6.0% 8,918 0% 1,985,948 5.5% 2015 1,043 19,600 5.6% 8,887 0% 2,090,248 5.3% 2016 1,042 20,642 5.3% 8,859 0% 2,194,456 5.0% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 10 McLain Decision Support thodir Systems Mc LAIN Rnhtt M1d:iin.I'nnupal•At.LAM I'-i.n.Stip[.vt Sy,tcnr 221 Vii Stnuhwt:t I`k,rr..=410i•Lewi.,ilk T6 75067 (9721436.toI81 Oltt,•(y721192-SW?Ets•s 2141 s1i ;652 M.,1,11,•1 ,i-75mc1uln.Ll,,.un • 2.2.2. NTMWD water purchase costs. We have assumed the rate per thousand gallons charged by the North Texas Municipal Water District will increase as follows, beginning in FY 2007. Table 2.4 illustrates the impact on water costs. Table 2.3 Key Findings Water Loss Percentages Inflow/Infiltration Percentages Water Annual Billed Water Percent Annual For Actual& Wastewater Billed of Water Wastewater Projected Flow Fiscal (Th.Gals.) Water Purchased (Th.Gals.) Inflow/ Treated Year Table 2.1 Loss (Th.Gals.) Table 2.2 Infiltration (Th.Gals.) 2006 1,341,982 9.1% 1,476,180 1,151,364 9.1% 1,266,500 2007 1,439,042 9.1% 1,582,946 1,255,498 9.1% 1,381,048 2008 1,536,100 9.1% 1,689,710 1,359,906 9.1% 1,495,897 2009 1,633,160 9.1% 1,796,476 1,464,306 9.1% 1,610,737 2010 1,730,220 9.1% 1,903,242 1,568,614 9.1% 1,725,475 2011 1,827,279 9.1% 2,010,007 1,672,923 9.1% 1,840,215 2012 1,924,339 9.1% 2,116,773 1,777,231 9.1% 1,954,954 2013 2,021,398 9.1% 2,223,538 1,881,548 9.1% 2,069,703 2014 2,118,457 9.1% 2,330,303 1,985,948 9.1% 2,184,543 2015 2,215,517 9.1% 2,437,069 2,090,248 9.1% 2,299,273 2016 2,312,577 9.1% 2,543,835 2,194,456 9.1% 2,413,902 Table 2.4 Key Findings Water Purchases from NTMWD Planned Annual Consumption Actual Planned Rates Take-or- Planned Amount Take-or- Actual NTMWD Fiscal Pay Usage(000's) Over/(Under) Pay Planned Annual % Year Minimum Table 2.3 Minimum Minimum Usage Charges Change 2005 1,266,615 1,387,214 120,599 $ 0.97 $ 0.23 $1,252,736 24.8% 2006 1,387,214 1,476,180 88,966 0.97 0.23 1,380,000 10.2% 2007 1,476,180 1,582,946 106,766 1.02 0.24 1,531,328 11.0% 2008 1,582,946 1,689,710 106,764 1.08 0.25 1,736,273 13.4% 2009 1,689,710 1,796,476 106,766 1.14 0.26 1,954,029 12.5% 2010 1,796,476 1,903,242 106,766 1.21 0.27 2,202,563 12.7% 2011 1,903,242 2,010,007 106,765 1.29 0.28 2,485,076 12.8% 2012 2,010,007 2,116,773 106,766 1.37 0.29 2,784,672 12.1% 2013 2,116,773 2,223,538 106,765 1.45 0.30 3,101,350 11.4% 2014 2,223,538 2,330,303 106,765 1.53 0.31 3,435,110 10.8% 2015 2,330,303 2,437,069 106,766 1.61 0.32 3,785,952 10.2% 2016 2,437,069 2,543,835 106,766 1.61 0.33 3,958,913 4.6% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE II 11. McLain Decision Support Systems McLAIN Reber(S-1~L:rsn.Pant ti al•h1cL.un Ikc„i,rn 4IpI 343'}-ca1,33 2C 1 W S,mthwca Pkwv..*4I0i•Lcwi+vill( TX 753N37 I9723 43b 61's1 Oft.,•l47 1 092.5WE 3,3•(214,s93.3(62 M 1 I •1.,1,am ia.,1,1,,,nn • 2.2.3. NTMWD wastewater treatment costs. Tables 2.5 through 2.8 illustrate the assumptions used to forecast the wastewater treatment costs. O&M costs have been forecast, using an inflation factor of 3%per year. However, the major cost of each of the wastewater treatment plants is debt service, and NTMWD has provided us with amortization schedules for each of the outstanding issues. Table 2.5 Key Findings NTMWD Wastewater Treatment Costs Wylie Wastewater Treatment Plant Costs Fiscal O&M Debt Total Projected Flow(000's) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 657,323 $ 196,325 $ 853,648 1,055,703 183,983 $ 726,957 $ 126,691 2006 330,721 198,847 529,568 1,055,703 183,983 450,974 78,594 2007 388,956 - 388,956 904,971 334,715 283,938 105,018 2008 358,048 - 358,048 904,971 334,715 261,375 96,673 2009 371,113 - 371,113 904,971 334,715 270,913 100,201 2010 384,727 - 384,727 904,971 334,715 280,851 103,876 2011 398,917 - 398,917 904,971 334,715 291,209 107,708 2012 413,709 - 413,709 904,971 334,715 302,008 111,701 2013 429,133 - 429,133 904,971 334,715 313,267 115,866 2014 445,218 - 445,218 904,971 334,715 325,009 120,209 2015 461,996 - 461,996 904,971 334,715 337,257 124,739 2016 479,502 - 479,502 904,971 334,715 350,036 129,465 Table 2.6 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Interceptor Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 21,172 $ 267,485 $ 288,657 2,153,500 1,387,000 $ 175,575 $ 113,082 2006 46,129 266,231 312,360 2,153,500 1,387,000 189,992 122,368 2007 (22,727) 265,869 243,142 2,584,565 955,935 177,493 65,648 2008 (21,156) 265,263 244,107 2,584,565 955,935 178,198 65,909 2009 (19,537) 269,413 249,876 2,584,565 955,935 182,409 67,466 2010 (17,870) 268,075 250,205 2,584,565 955,935 182,650 67,555 2011 (16,152) 266,494 250,341 2,584,565 955,935 182,749 67,592 2012 (14,384) 269,669 255,285 2,584,565 955,935 186,358 68,927 2013 (12,562) 267,356 254,795 2,584,565 955,935 186,000 68,795 2014 (10,685) 269,800 259,115 2,584,565 955,935 189,154 69,961 2015 (8,752) 266,756 258,004 2,584,565 955,935 188,343 69,661 2016 (6,761) 269,956 263,195 2,584,565 955,935 192,132 71,063 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 12 ► McLain „,A Decision Support illhOP Systems McLAlN Rox rt McLain.i'rtn:t•t1•hkLain Ih,u sf Sup1 rl,5 rcnrs 201 W Solithucq I'kuq' •41:i•Lcwnn1lc,TX 7500 k 972}416(,lNI 010,c•('72)ti 2 ii,u7 I',•(2141 fiat,;052 Modnlc•1,1-AA,u.I:un.1,3.OtIli Table 2.7 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Wastewater Treatment Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 561,826 $1,269,995 $1,831,821 146,000 73,000 $1,221,214 $ 610,607 2006 1,039,580 1,266,995 2,306,575 210,797 73,000 1,713,265 593,310 2007 1,484,347 2,227,259 3,711,605 207,172 76,625 2,709,472 1,002,133 2008 1,896,834 2,225,745 4,122,579 1,055,703 76,625 3,843,602 278,977 2009 1,951,857 2,219,745 4,171,602 1,055,703 76,625 3,889,307 282,295 2010 2,008,993 2,216,495 4,225,488 1,055,703 76,625 3,939,547 285,941 2011 2,068,334 2,215,745 4,284,079 1,055,703 76,625 3,994,173 289,906 2012 2,129,977 2,214,070 4,344,047 1,055,703 76,625 4,050,082 293,964 2013 2,194,020 2,225,740 4,419,760 1,055,703 76,625 4,120,672 299,088 2014 2,260,570 2,228,415 4,488,985 1,055,703 76,625 4,185,213 303,772 2015 2,329,736 2,242,205 4,571,941 1,055,703 76,625 4,262,555 309,386 2016 2,401,635 2,247,145 4,648,780 1,055,703 76,625 4,334,194 314,586 Table 2.8 Key Findings Recap of NTMWD Wastewater Treatment Costs Muddy Muddy Wylie Creek Creek WWTP Interceptor WWTP Fiscal Costs Costs Costs Total Year Table 2.5 Table 2.6 Table 2.7 Costs 2005 $ 726,957 $ 175,575 $ 1,221,214 $ 1,774,798 2006 450,974 189,992 1,713,265 2,354,231 2007 283,938 177,493 2,709,472 3,170,903 2008 261,375 178,198 3,843,602 4,283,176 2009 270,913 182,409 3,889,307 4,342,629 2010 280,851 182,650 3,939,547 4,403,047 2011 291,209 182,749 3,994,173 4,468,132 2012 302,008 186,358 4,050,082 4,538,448 2013 313,267 186,000 4,120,672 4,619,939 2014 325,009 189,154 4,185,213 4,699,376 2015 337,257 188,343 4,262,555 4,788,156 2016 350,036 192,132 4,334,194 4,876,363 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 13 A. McLain A Decision Support Systems McLAIN Rnkrt r1cL:un.1'rrn:rpal•NI,L ain 1tcu+1011 tir,pp.ar`,.Loll, LLI W 5n11111we.t Pkw,..•41i'i•Lewi,eu0c.T7C 75,:07 (97_')436-t,IFI(>fti c•t`1723 t 4?.5397 F.rs•121.0 n4i.3652 NI 1'Ic•1 1-4...1 r rdd>..:nn • 2.2.4. Additional staffing. Table 2.9 illustrates the additional of three (3) positions in FY 20092. Table 2.9 Key Findings City of Wylie Utility Staffing Levels Utility Utility Fiscal Admin. Utilities Eng. Billing Total Year (711) (712) (713) (715) Staffing 2005 2.50 14.00 3.00 5.50 25.00 2006 2.50 17.00 3.00 5.50 28.00 2007 2.50 17.00 3.00 5.50 28.00 2008 2.50 17.00 3.00 5.50 28.00 2009 2.50 20.00 3.00 5.50 31.00 2010 2.50 20.00 3.00 5.50 31.00 2011 2.50 20.00 3.00 5.50 31.00 2012 2.50 20.00 3.00 5.50 31.00 2013 2.50 20.00 3.00 5.50 31.00 2014 2.50 20.00 3.00 5.50 31.00 2015 2.50 20.00 3.00 5.50 31.00 2016 2.50 20.00 3.00 5.50 31.00 Table 2.10 Key Findings Personnel-Related Costs Utility Water Sewer Utility Fiscal Inflation Admin. Utilities Eng. Utilities Billing Year Driver (711) (712) (713) (714) (715) Total 2005 6.00% $ 313,860 $ 575,380 $ 303,670 $ 248,040 $ 404,470 $1,845,420 2006 6.00% 271,290 592,280 318,720 241,010 423,500 1,846,800 2007 6.00% 317,250 627,817 266,187 255,471 379,774 1,846,498 2008 6.00% 336,284 665,486 282,158 270,799 402,561 1,957,288 2009 6.00% 356,462 829,900 299,088 337,702 426,716 2,249,868 2010 6.00% 377,851 879,694 317,034 357,964 452,318 2,384,861 2011 6.00% 400,523 932,476 336,057 379,442 479,459 2,527,955 2012 6.00% 424,555 988,424 356,219 402,209 508,227 2,679,634 2013 6.00% 450,028 1,047,730 377,592 426,341 538,720 2,840,411 2014 6.00% 477,031 1,110,593 400,248 451,922 571,043 3,010,837 2015 6.00% 505,651 1,177,229 424,265 479,037 605,306 3,191,488 2016 6.00% 535,991 1,247,863 449,721 507,779 641,625 3,382,978 2 Per City staff. SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 14 ►. McLain Decision 4111 Support Systems McLAIN ROMn Mklain,I'nnarai•>lcLain I'ri near Supr.al•brans 201 W.Sow hx i.r Pk," •4105•Lewr.rrllc.T`(75007 497D 416-b1;51 i hire•49721 64 5/97 Fas•(I141:i41-3r,5 hl.d,de•i "l9nr.aa ndd..i,un • 2.2.5. Inflation drivers. Salaries were increased annually using expenditure drivers of 6%, based on the FY 2006 budget. Most other operating and maintenance costs were driven by an annual inflation factor of 3%. Medical insurance was increased 7% per year. Tables 2.11 and 2.12 illustrate the impact of these inflation drivers on the operating and maintenance costs over the planning period. Table 2.11 Key Findings Total Departmental Operating and Maintenance Costs Including Departmental Capital Excluding NTMWD Costs Utility Water Sewer Utility Combined Fiscal Admin. Utilities Eng. Utilities Billing Services Year (711) (712) (713) (714) (715) (719) Total 2005 $ 365,835 $ 996,506 $ 390,626 $ 425,020 $ 542,457 $ 116,578 $2,837,022 2006 340,580 1,049,880 419,670 492,010 2,441,460 110,960 4,854,560 2007 421,800 1,078,180 433,130 600,360 974,620 115,960 3,624,050 2008 374,706 1,127,928 386,136 625,238 777,241 123,335 3,414,583 2009 395,858 1,301,859 406,588 701,406 812,863 131,039 3,749,615 2010 418,243 1,364,239 428,194 731,764 850,303 139,086 3,931,829 2011 441,936 1,429,953 451,019 763,636 889,663 147,491 4,123,698 2012 467,012 1,499,182 475,134 797,105 931,045 156,267 4,325,745 2013 493,556 1,572,128 500,615 832,260 974,561 165,429 4,538,549 2014 521,654 1,649,004 527,544 869,192 1,020,328 174,994 4,762,716 2015 551,394 1,730,022 556,007 907,993 1,068,474 184,977 4,998,866 2016 582,881 1,815,431 586,085 948,771 1,119,123 195,394 5,247,686 Table 2.12 Key Findings Recap of Operating&Maintenance Costs Departmental Water Wastewater O&M Purchases Treatment Fiscal From From From Year Table 2.11 Table 2.4 Table 2.8 Total 2005 $ 2,837,022 $1,252,736 $1,774,798 $5,864,556 2006 4,854,560 1,380,000 2,354,231 8,588,791 2007 3,624,050 1,518,000 3,170,903 8,312,953 2008 3,414,583 1,736,273 4,283,176 9,434,032 2009 3,749,615 1,954,029 4,342,629 10,046,272 2010 3,931,829 2,202,563 4,403,047 10,537,440 2011 4,123,698 2,485,076 4,468,132 11,076,906 2012 4,325,745 2,784,672 4,538,448 11,648,865 2013 4,538,549 3,101,350 4,619,939 12,259,838 2014 4,762,716 3,435,110 4,699,376 12,897,201 2015 4,998,866 3,785,952 4,788,156 13,572,974 2016 5,247,686 3,958,913 4,876,363 14,082,962 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 15 McLain Decision Support OLP' Systems McLAIN Robert Macon,Prints'•'w1.Lon Oktssi,,n",tirt rr S ten, <<`I W.N.tlinc.t PL e, •4I0i•Lc,, v, ,,Tx 7,,,N, {9i21416.(1IFI Office•In72)69_.5397(.ix•{'141 h91 3r i_61"I k•hd,Putdainli, gnu • 2.2.6. Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,000 over the next three years, beginning with a $6,500,000 issue in FY 2006. Table 2.23 and Table 2.24 shows the impact of these debt issues. • 2.2.7. Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for a $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • 2.2.8. Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 -2.29 illustrate the importance of this funding source. Table 2.13 Key Findings Revenue Debt-Existing Water&Sewer Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 112,505 $ 137,149 $ 86,775 $ 336,429 2006 114,093 138,628 84,775 337,495 2007 110,518 139,799 82,775 333,092 2008 111,930 140,665 85,650 338,245 2009 113,473 141,224 83,400 338,097 2010 110,158 141,828 86,025 338,010 2011 111,680 142,549 83,663 337,892 2012 112,910 143,065 86,574 342,549 2013 113,840 143,324 84,566 341,731 2014 114,468 143,290 87,365 345,123 2015 114,785 142,908 84,995 342,688 2016 114,790 147,078 87,463 349,330 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 16 t. McLain -' ` decision ASupport Systems Mc LAIN Rohm WI-mi.Prim rraI•Nh L.un I,1, nt'skill ,rr Sc.reem' 2iiWS.mllmotrio, .•4IJi•Ec,,i.,411e,TXi5LY+i (9721416.61'11 Ott,c•(972)602.i;97 F.,,•(214ih,li ihSd Ni.bik•I.I',ucl.und.b.c.,a, Table 2.14 Key Findings Revenue Debt-Existing Water Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 20.00% 50.00% Total 2005 $ 56,253 $ 27,430 $ 43,388 127,070 2006 57,046 27,726 42,388 127,159 2007 55,259 27,960 41,388 124,606 2008 55,965 28,133 42,825 126,923 2009 56,736 28,245 41,700 126,681 2010 55,079 28,366 43,013 126,457 2011 55,840 28,510 41,831 126,181 2012 56,455 28,613 43,287 128,355 2013 56,920 28,665 42,283 127,868 2014 57,234 28,658 43,683 129,574 2015 57,393 28,582 42,498 128,472 2016 57,395 29,416 43,731 130,542 Table 2.15 Key Findings Revenue Debt-Existing Water Portion Portion Eligible for Impact Fees -> 50.0% 45.0% 45.0% -> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 14,063 $ 6,172 $ 9,762 $ 29,997 2006 14,262 6,238 9,537 30,037 2007 13,815 6,291 9,312 29,418 2008 13,991 6,330 9,636 29,957 2009 14,184 6,355 9,383 29,922 2010 13,770 6,382 9,678 29,830 2011 13,960 6,415 9,412 29,787 2012 14,114 6,438 9,740 30,291 2013 14,230 6,450 9,514 30,193 2014 14,308 6,448 9,829 30,585 2015 14,348 6,431 9,562 30,341 2016 14,349 6,618 9,840 30,807 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 17 • McLoin Decision Support Systems Mc LAIN Rnhcrr?lcLam,Print li,11•Mc L.un I'+cc no n S„p,r1 Sn,mnc 201 W Soinhuctt Pkrrr,,>4I05•Lcaurdlc,FX ii:Y i 072l44 nI ii CiiCar•t97_!n92 i''i7 F. •1114)897.1652 Wink•it l n i ln,ld.c:,i i Table 2.16 Key Findings Revenue Debt-Existing Wastewater Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 80.00% 50.00% Total 2005 $ 56,253 $ 109,720 $ 43,388 $ 209,360 2006 57,046 110,902 42,388 210,336 2007 55,259 111,840 41,388 208,486 2008 55,965 112,532 42,825 211,322 2009 56,736 112,980 41,700 211,416 2010 55,079 113,462 43,013 211,553 2011 55,840 114,040 41,831 211,711 2012 56,455 114,452 43,287 214,194 2013 56,920 114,660 42,283 213,863 2014 57,234 114,632 43,683 215,548 2015 57,393 114,326 42,498 214,216 2016 57,395 117,662 43,731 218,788 Table 2.17 Key Findings Revenue Debt-Existing Wastewater Portion Portion Eligible for Impact Fees %-> 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 26,720 $ 52,117 $ 20,609 $ 99,446 2006 27,097 52,678 20,134 99,909 2007 26,248 53,124 19,659 99,031 2008 26,583 53,453 20,342 100,378 2009 26,950 53,665 19,808 100,422 2010 26,162 53,894 20,431 100,488 2011 26,524 54,169 19,870 100,563 2012 26,816 54,365 20,561 101,742 2013 27,037 54,463 20,084 101,585 2014 27,186 54,450 20,749 102,385 2015 27,261 54,305 20,186 101,753 2016 27,263 55,889 20,772 103,924 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 18 R McLain „" Decision ASupport Systems McLAIN Rohm bkL;iin 1'rin 'a'•1,(1c Lam 1>,Yun,n`,111(1 Srrtcm= 2:1 Vi Somhwc.r Pkwq.,.4I Oi•(Au i,vtile,TX 7'0,7 19722I4361,1',1 011,,•072I fey2-5147 Fax•S-'141 K91.165?h1«1(de•I,4hiBwdaurdd,inm Table 2.18 Key Findings Non-Revenue Debt- Existing Water& Sewer Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ 395,145 $ 230,115 $ 97,776 $ - $ - $ 723,035 2006 364,528 228,643 99,263 - - 692,434 2007 - - 98,791 443,275 151,454 693,520 2008 - - 100,332 442,025 151,454 693,810 2009 - - 101,610 366,600 151,454 619,663 2010 - - 100,472 367,000 151,454 618,926 2011 - - 101,342 214,200 151,454 466,995 2012 - - 101,936 213,038 151,454 466,427 2013 - - 102,297 215,900 151,454 469,651 2014 - - 104,589 217,900 151,454 473,942 2015 - - 104,310 224,400 151,454 480,163 2016 - - 105,900 - 75,727 181,627 Table 2.19 Key Findings Non-Revenue Debt-Existing Water Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 0.00% 90.02% 50.00% 50.00% 50.00% Total 2005 $ - $ 207,143 $ 48,888 $ - $ - $ 256,031 2006 - 205,819 49,632 - - 255,450 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 19 R McLain .... Decision ASupport 41111drr Systems Mc LAIN Role a McLain,Print4,.1•Mt Lam Ihcoei,n',q.,rr Fiacu,, `'I W.S.nnkwc>t I'kwc •410i•Lew i+vilk,7X 7S06 7 0721416-tilsl Olt,,,•to 721 642 ii47 i=.,x•i?141•,)i-ifii`_NI l,,Ic•1,14•Itid n IJ.0„11k Table 2.20 Key Findings Non-Revenue Debt- Existing Water Portion Portion Eligible for Impact Fees %-> 0.0% 0.0% 50.0% 0.0% 0.0% -> 50.0% 50.0% 50.0% 50.0% 50.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 12,222 $ - $ - $ 12,222 2006 - - 12,408 - - 12,408 2007 - - 12,349 - - 12,349 2008 - - 12,541 - - 12,541 2009 - - 12,701 - - 12,701 2010 - - 12,559 - - 12,559 2011 - - 12,668 - - 12,668 2012 - - 12,742 - - 12,742 2013 - - 12,787 - - 12,787 2014 - - 13,074 - - 13,074 2015 - - 13,039 - - 13,039 2016 - - 13,238 - - 13,238 Table 2.21 Key Findings Non-Revenue Debt- Existing Wastewater Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 100.00% 9.98% 50.00% 50.00% 50.00% Total 2005 $ 395,145 $ 22,971 $ 48,888 $ - $ - $ 467,004 2006 364,528 22,824 49,632 - - 436,984 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 20 McLain -'~ Decision Support Systems Mc LAIN Robrrr N1cL.im.rnnnp;rl•AkLairr Itra,mn ti,Pr.n'\-run 201 W S,nnhur.r I L i A4I'i•Leurvrllc.TX 75i07 t9721 41(-i Ii I llftia'•te721692-5197I=.is•(2141 54L iti5-Mobile•1 ,1,tLmdHlon,L.kii, Table 2.22 Key Findings Non-Revenue Debt- Existing Wastewater Portion Portion Eligible for Impact Fees %-> 0.0% 0.0% 95.0% 0.0% 0.0% -> 0.0% 0.0% 50.0% 0.0% 0.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 23,222 $ - $ - $ 23,222 2006 - - 23,575 - - 23,575 2007 - - 23,463 - - 23,463 2008 - - 23,829 - - 23,829 2009 - - 24,132 - - 24,132 2010 - - 23,862 - - 23,862 2011 - - 24,069 - - 24,069 2012 - - 24,210 - - 24,210 2013 - - 24,296 - - 24,296 2014 - - 24,840 - - 24,840 2015 - - 24,774 - - 24,774 2016 - - 25,151 - - 25,151 Table 2.23 Key Findings Water Capital Improvement Plan(from Impact Fee Study) Table 1 of 2 Newport South Automated Harbor Nortek NTMWD Ballard Fiscal Meter Ease- Pump Pump Pump Elevated Water Year Reading ments Station Station Station Tank Lines Total 2006 $ - $ 89,350 $ - $ - $ - $ - $ - $ 89,350 2007 1,000,000 89,350 1,256,200 163,000 941,000 - 4,448,500 7,897,050 2008 - 89,350 160,000 358,000 - - 1,365,000 1,972,350 2009 - 89,350 160,000 913,000 130,000 1,292,350 2010 - 89,350 - - - 2,675,000 99,000 2,863,350 2011 - 89,350 844,000 135,000 1,068,350 2012 - 89,350 - 675,000 136,000 - 1,213,000 2,113,350 2013 - 89,350 89,350 2014 - 89,350 89,350 2015 89,350 89,350 2016 89,350 89,350 $1,000,000 $ 982,850 $2,419,200 $2,244,000 $1,207,000 $2,675,000 $7,125,500 $17,653,550 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 21 ► McLain ~ Decision Support Systems Mc LAIN RI Irrt 4k bin.l'nn r u •NkL 111?CC,sslt',w1,,n S\•tenr< 201 AV Swutbuc t i t..•41.i•Lcwi,c,lla TX 7504,7 (972.1414,616i[llt •(il_')691i97E'.,•t2t41xJIk 2M.dwk•1 ,4e4uxla,ndise,nu Table 2.23 Key Findings Water Capital Improvement Plan Table 2 of 2 Total Sources Drawdown Drawdown Total Uses Minus Planned of of Sources of Uses Fiscal Bond Impact Operating of Funds of Ending Year Issues Fees Reserves Funds - Table 2.23 Funds Balance 2006 $ - $ - $ 89,350 $ 89,350 $ 89,350 $ - $ - 2007 6,500,000 4,000,000 89,350 10,589,350 7,897,050 2,692,300 2,692,300 2008 - - 89,350 89,350 1,972,350 (1,883,000) 809,300 2009 6,980,000 - 89,350 7,069,350 1,292,350 5,777,000 6,586,300 2010 - - 89,350 89,350 2,863,350 (2,774,000) 3,812,300 2011 - - 89,350 89,350 1,068,350 (979,000) 2,833,300 2012 - - 89,350 89,350 2,113,350 (2,024,000) 809,300 2013 - - 89,350 89,350 89,350 - 809,300 2014 - - 89,350 89,350 89,350 - 809,300 2015 - - 89,350 89,350 89,350 - 809,300 2016 - - 89,350 89,350 89,350 - 809,300 $13,480,000 $ 4,000,000 $ 982,850 $18,462,850 $17,653,550 Table 2.24 Key Findings Planned Annual New Debt Service 2007 2009 Water-> $ 6,500,000 $ 6,980,000 Sewer-> - - Year $ 6,500,000 $ 6,980,000 Total 2006 $ - $ - $ - 2007 390,000 - 390,000 2008 715,000 - 715,000 2009 695,500 418,800 1,114,300 2010 676,000 767,800 1,443,800 2011 656,500 746,860 1,403,360 2012 702,000 725,920 1,427,920 2013 678,600 704,980 1,383,580 2014 655,200 753,840 1,409,040 2015 631,800 728,712 1,360,512 2016 608,400 703,584 1,311,984 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 22 Ow McLain ' Decision Support Systems McLAIN Robert NI Lcun.Prtn,4'01•NI Lam the 6u11'641,n'c,tnm. 11W.Sotel e,rPkwc..•9lJi•1,,,6villaTN7i.n7 9711436 6161 l'lticc•t')72)682-i 397 F.in•t=t4!h0I Toi'\tabd k•I‘,hkL,nclt ndde.i,mr Table 2.25 Key Findings Planned Annual New Debt Service-Water Portion Eligible for Impact Fees 2007 2009 Water-> $ 6,500,000 $ 6,980,000 %-> 60.9% 34.4% -> 50.0% 50.0% Year $ 1,980,756 $ 1,199,433 Total 2005 $ - $ - $ - 2006 - - - 2007 118,845 - 118,845 2008 217,883 - 217,883 2009 211,941 71,966 283,907 2010 205,999 131,938 337,936 2011 200,056 128,339 328,396 2012 213,922 124,741 338,663 2013 206,791 121,143 327,934 2014 199,660 129,539 329,199 2015 192,530 125,221 317,750 2016 185,399 120,903 306,302 Table 2.26 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Muddy Wylie Creek WWTP Muddy Muddy WWTP Fiscal Series Creek Creek Expansion Year 1988 Interceptor WWTP $12,250,000 Total 2005 $ 196,325 $ - $ - $ - $ 196,325 2006 198,847 162,401 772,867 - 1,134,115 2007 - 162,180 770,274 588,353 1,520,808 2008 - 161,810 769,969 587,735 1,519,515 2009 - 164,342 765,699 588,345 1,518,386 2010 - 163,526 763,717 588,345 1,515,588 2011 - 162,561 763,869 587,735 1,514,166 2012 - 164,498 761,018 589,565 1,515,081 2013 - 163,087 767,069 590,633 1,520,789 2014 - 164,578 771,446 587,888 1,523,911 2015 - 162,721 777,113 590,633 1,530,466 2016 - 164,673 781,346 589,413 1,535,432 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 23 ♦ McLain A' Decision All Support Systems McL.AIN Ruben Martin.t'rmcwpal•MLLam INN i,wn?44.41 Sracm< 201\V Srnitlmoi PkK-c.,•4I05•Lcwi.v,llc TX 7'001 (9i2)4 it,OS),V,L•0,i-')(,42iieiI'•t2141^,Qi.lo52NiAilv•hd mdam,1,1,i,nr Table 2.27 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Portion Eligible for Impact Fees %-> 95.0% 95.0% 95.0% 95.0% -> 50.0% 50.0% 50.0% 50.0% Wylie Muddy WWTP Muddy Muddy Creek Fiscal Series Creek Creek WWTP Year 1988 Interceptor WWTP Expansion Total 2005 $ 93,254 $ - $ - $ - $ 93,254 2006 94,452 77,141 367,112 - 538,705 2007 - 77,035 365,880 279,468 722,384 2008 - 76,860 365,735 279,174 721,769 2009 - 78,062 363,707 279,464 721,233 2010 - 77,675 362,766 279,464 719,904 2011 - 77,217 362,838 279,174 719,229 2012 - 78,137 361,483 280,043 719,663 2013 - 77,466 364,358 280,550 722,375 2014 - 78,175 366,437 279,247 723,858 2015 - 77,293 369,128 280,550 726,972 2016 - 78,220 371,139 279,971 729,330 Table 2.28 Key Findings Recap of Use of Impact Fees- Water Water Portion For For Existing For Existing Non- Planned Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.15 Table 2.20 Table 2.25 Total 2005 $ 29,997 $ 12,222 $ - $ 42,219 2006 30,037 12,408 - 42,445 2007 29,418 12,349 118,845 160,612 2008 29,957 12,541 217,883 260,381 2009 29,922 12,701 283,907 326,530 2010 29,830 12,559 337,936 380,325 2011 29,787 12,668 328,396 370,850 2012 30,291 12,742 338,663 381,696 2013 30,193 12,787 327,934 370,914 2014 30,585 13,074 329,199 372,858 2015 30,341 13,039 317,750 361,130 2016 30,807 13,238 306,302 350,346 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 24 McLain Decision Support Systems Mc LAIN Vi:4sert 41cL::in.Pruiup.d•Nit to Ih'U.p1n tiupp.ar��.rcm :i 1 W.ti„inVtu4:.i M.N8..•41 C'i•li.Ni 111,T\i i,.\67 0e72)416-61i100:v•0472Sii 5'i7Its•(2141fi)i305261obdo•1,141,tda4id,i,,m+ Table 2.29 Key Findings Recap of Use of Impact Fees-Wastewater For For For Existing NTMWD Existing Non- Contract Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.17 Table 2.22 Table 2.27 Total 2005 $ 99,446 $ 23,222 $ 93,254 $ 215,922 2006 99,909 23,575 538,705 662,189 2007 99,031 23,463 722,384 844,877 2008 100,378 23,829 721,769 845,976 2009 100,422 24,132 721,233 845,788 2010 100,488 23,862 719,904 844,254 2011 100,563 24,069 719,229 843,860 2012 101,742 24,210 719,663 845,615 2013 101,585 24,296 722,375 848,255 2014 102,385 24,840 723,858 851,083 2015 101,753 24,774 726,972 853,498 2016 103,924 25,151 729,330 858,406 Table 2.30 Key Findings Recap of Debt Service Non- Revenue Revenue Debt Service Debt Fiscal Existing Planned Existing Year Table 2.13 Table 2.24 Table 2.18 Total 2005 $ 336,429 $ - $ 723,035 $1,059,465 2006 337,495 - 692,434 1,029,929 2007 333,092 390,000 693,520 1,416,612 2008 338,245 715,000 693,810 1,747,055 2009 338,097 1,114,300 619,663 2,072,060 2010 338,010 1,443,800 618,926 2,400,736 2011 337,892 1,403,360 466,995 2,208,247 2012 342,549 1,427,920 466,427 2,236,896 2013 341,731 1,383,580 469,651 2,194,961 2014 345,123 1,409,040 473,942 2,228,105 2015 342,688 1,360,512 480,163 2,183,363 2016 349,330 1,311,984 181,627 1,842,941 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 25 McLain Decision Support OLP" Systems Mc LAIN Ruben NIL Lain.Pruxiral•N1.1-a10 Ikenn,n S,ip6,m S1 o-n•m+ 201'5'.tiaudrw, i ken 4'4I05•I w,..ilk TX 75007 09721416.oln1(1lilke•n'7_2169:.'047€-es•(i1411Ui-105`N1.442•I>d,4111,1,i,1,1,,on, • 2.2.9. Collection of Impact Fees. In order to give the reader some perspective, the next two tables illustrate the key planning assumptions used, related to the collection and use of water and sewer impact fees. Table 2.31 Key Findings Recap of Impact Fees-Water Sources&Uses of Funds Sources of Funds Uses of Funds Water For Impact Debt Fiscal Beginning Fees Interest Service For Ending Year Balance + Collected + Earned Table 2.28 CIP Balance 2006 $4,279,513 + $ 295,779 + $ 128,385 $ (42,445) $ - $4,661,231 2007 4,661,231 + 1,252,119 + 139,837 (160,612) (4,000,000) 1,892,575 2008 1,892,575 + 1,252,119 + 56,777 (260,381) - 2,941,090 2009 2,941,090 + 1,252,119 + 88,233 (326,530) - 3,954,911 2010 3,954,911 + 1,252,119 + 118,647 (380,325) - 4,945,352 2011 4,945,352 + 1,252,119 + 148,361 (370,850) - 5,974,982 2012 5,974,982 + 1,252,119 + 179,249 (381,696) - 7,024,654 2013 7,024,654 + 1,252,119 + 210,740 (370,914) - 8,116,598 2014 8,116,598 + 1,252,119 + 243,498 (372,858) - 9,239,357 2015 9,239,357 + 1,252,119 + 277,181 (361,130) - 10,407,527 2016 10,407,527 + 1,252,119 + 312,226 (350,346) - 11,621,525 Table 2.32 Key Findings Recap of Impact Fees- Wastewater Sources &Uses of Funds Sources of Funds Uses of Funds Wastewater For Impact Debt Fiscal Beginning Fees Interest Service Ending Year Balance + Collected + Earned Table 2.29 Balance 2006 $6,478,647 + $ 683,963 + $ 194,359 $ (662,189) $6,694,780 2007 6,694,780 + 1,281,789 + 200,843 (844,877) 7,332,536 2008 7,332,536 + 1,285,174 + 219,976 (845,976) 7,991,710 2009 7,991,710 + 1,285,072 + 239,751 (845,788) 8,670,745 2010 8,670,745 + 1,283,943 + 260,122 (844,254) 9,370,557 2011 9,370,557 + 1,283,943 + 281,117 (843,860) 10,091,757 2012 10,091,757 + 1,283,943 + 302,753 (845,615) 10,832,838 2013 10,832,838 + 1,284,046 + 324,985 (848,255) 11,593,614 2014 11,593,614 + 1,285,072 + 347,808 (851,083) 12,375,411 2015 12,375,411 + 1,283,841 + 371,262 (853,498) 13,177,017 2016 13,177,017 + 1,282,712 + 395,310 (858,406) 13,996,634 SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 26 R McLain -„s A Decision Support Systems McLAIN Rohrrt Mdam,Pnn:kp II•1+1,Lim I ka.1,11 Suj'1'n t iit, 20I\K<Swwhwc.t Pk,s.=4105•Lo,1,01v,Us 7504,7 (972)416.614i OIL,•(.7D 642-51.7 F.Ix•i2141.4vi.3652 MAIL•1,h411.1 m I i,...nk • 2.2.10. Renewal and Replacement Costs. The City will have an opportunity, beginning in FY 2008, to begin incorporating the cost of funding the renewal and replacement of the infrastructure of the water and wastewater system out of rates. This is a sound financial policy, which is looked upon favorably by the rating agencies. The basis for the calculation of this transfer is annual depreciation expense. The initial cost for FY 2008 will be $262,500. We are showing this cost in Table 2.33. Table 2.33 Key Findings Recap of Non-Operating Costs Transfers to the Infrastructure Renewal and Replacement Fund Fiscal Annual Depreciation Percentage Funded Transfers Year Water Sewer Water Sewer Water Sewer 2005 $ 620,000 $ 280,000 0.0% 0.0% $ - $ - 2006 645,000 305,000 0.0% 0.0% - - 2007 670,000 330,000 0.0% 0.0% - - 2008 695,000 355,000 25.0% 25.0% 173,750 88,750 2009 720,000 380,000 35.0% 35.0% 252,000 133,000 2010 745,000 405,000 45.0% 45.0% 335,250 182,250 2011 770,000 430,000 55.0% 55.0% 423,500 236,500 2012 795,000 455,000 65.0% 65.0% 516,750 295,750 2013 820,000 480,000 75.0% 75.0% 615,000 360,000 2014 845,000 505,000 85.0% 85.0% 718,250 429,250 2015 870,000 530,000 95.0% 95.0% 826,500 503,500 2016 895,000 555,000 105.0% 105.0% 939,750 582,750 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 27 McLain . ' Decision Support Systems McLAIN Riii rr hi.L in,1'nn:rf•.d•N1.Lain U,.r er tiupr.n�q.rrtm 201 W.S,nuhwr.r 1kw,.."41,Y,•Lew i=vrlk,TX i 52r i i972}4'4,ri 9I tHh.r•I'72}(,9'i49;F,. •t2141 sal 9. 2 •1,h rtui;ur,.ld,..<on Table 2.34 Key Findings Recap of Non-Operating Costs Transfer Transfer To Debt To R&R Fiscal Service General Fund Year Table 2.30 Fund Table 2.33 Total 2005 $1,059,465 $ 420,000 $ - $1,479,465 2006 1,029,929 420,000 - 1,449,929 2007 1,416,612 450,000 - 1,866,612 2008 1,747,055 468,000 262,500 2,477,555 2009 2,072,060 487,000 385,000 2,944,060 2010 2,400,736 506,000 517,500 3,424,236 2011 2,208,247 526,000 660,000 3,394,247 2012 2,236,896 547,000 812,500 3,596,396 2013 2,194,961 569,000 975,000 3,738,961 2014 2,228,105 592,000 1,147,500 3,967,605 2015 2,183,363 616,000 1,330,000 4,129,363 2016 1,842,941 641,000 1,522,500 4,006,441 • 2.2.11. General Fund Transfers. We have assumed the transfer to the general fund will increase 4%annually. Table 2.34 shows this transfer. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 28 McLain 44 Decision Support Systems McL_AIN R„Fart Nicl..nn.Prim tr l•Ms Lou. 1'�r.uo n ti„I+l,„n Ss•rcnr. 201 W s,whaot Pto .041'+•L<wt,,I{:,lx i SJt+7 097])410 61',I illtl,,•0)721 oV'il.r"Fea•t:141 n01./Ki_'Ni i io•I okann.lau,,1,1,,,nn Table 2.34 Key Findings Recap of Non-Operating Costs Transfer Transfer To Debt To R&R Fiscal Service General Fund Year Table 2.30 Fund Table 2.33 Total 2005 $1,059,465 $ 420,000 $ - $1,479,465 2006 1,029,929 420,000 - 1,449,929 2007 1,416,612 450,000 - 1,866,612 2008 1,747,055 468,000 262,500 2,477,555 2009 2,072,060 487,000 385,000 2,944,060 2010 2,400,736 506,000 517,500 3,424,236 2011 2,208,247 526,000 660,000 3,394,247 2012 2,236,896 547,000 812,500 3,596,396 2013 2,194,961 569,000 975,000 3,738,961 2014 2,228,105 592,000 1,147,500 3,967,605 2015 2,183,363 616,000 1,330,000 4,129,363 2016 1,842,941 641,000 1,522,500 4,006,441 • 2.2.11. General Fund Transfers. We have assumed the transfer to the general fund will increase 4%annually. Table 2.34 shows this transfer. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 28 ► McLain A Decision Support Systems Mc LAIN R.Irn\ic l_am.I'nnaF.d•tikL un I'eu.un SurF.m }•nim 2`1 AV'.S,nwt,oe I'I w,,e4105•teuu s,11,.TX ieu u 0721436ailS1 CV.,•10721(02 I1`>7 Fat•f: 4'hV3.;IvS'Vt.ubdr•b„i*4,,1,1 ndd..i.nit Table 2.35 Key Findings Recap of Total Gross Cost of Service Total Total Non- Operating Operating Total Costs Costs Gross Fiscal From From Cost of Year Table 2.12 Table 2.30 Service 2005 $5,864,556 $1,479,465 $7,34.4,021 2006 8,588,791 1,449,929 10,038,720 2007 8,312,953 1,866,612 10,179,564 2008 9,434,032 2,477,555 11,911,587 2009 10,046,272 2,944,060 12,990,332 2010 10,537,440 3,424,236 13,961,676 2011 11,076,906 3,394,247 14,471,153 2012 11,648,865 3,596,396 15,245,261 2013 12,259,838 3,738,961 15,998,799 2014 12,897,201 3,967,605 16,864,806 2015 13,572,974 4,129,363 17,702,337 2016 14,082,962 4,006,441 18,089,403 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 29 Ilk McLain A Decision Support Systems McLAIN Rnhcrt 41cL on.Pnnctp.rl•NI.L:un Pcci.n,n 7upt..rt L,.t:nv. _JI\V..5„udxcr.t Pt.wv •4103•Lrui.c ilk.TX 7iLtii; (9722.)416(.1'i1 C>ft,„•tO77,}692-5.397I o.•i114) ,31.3t.i2 NLd,11,•1,1,4mcl nd.6nnn Table 2.36 Key Findings Recap of Non-Rate Operating Revenues Fiscal Water Sewer Reconnect Year Taps Taps Fees Totals 2005 $ 136,169 $ 21,770 $ 35,820 $ 193,759 2006 200,000 29,700 22,000 251,700 2007 150,000 25,000 40,000 215,000 2008 200,000 29,700 43,117 272,817 2009 200,000 29,700 46,233 275,933 2010 200,000 29,700 49,350 279,050 2011 200,000 29,700 52,466 282,166 2012 200,000 29,700 55,583 285,283 2013 200,000 29,700 58,699 288,399 2014 200,000 29,700 61,816 291,516 2015 200,000 29,700 64,932 294,632 2016 200,000 29,700 68,049 297,749 Table 2.37 Key Findings Recap of Non-Rate Non-Operating Revenues Interest Utility Gain on Fiscal from Pretreatment Sale of Misc. Year Investments Fees Assets Income Totals 2005 $ 441,638 $ 36,000 $ 193,305 $ 129,976 $ 800,919 2006 60,000 38,000 - 40,000 138,000 2007 50,000 38,000 - 136,860 224,860 2008 50,000 38,000 - 136,860 224,860 2009 43,700 38,000 - 136,860 218,560 2010 37,600 38,000 - 136,860 212,460 2011 33,400 38,000 - 136,860 208,260 2012 36,100 38,000 - 136,860 210,960 2013 39,000 38,000 - 136,860 213,860 2014 42,100 38,000 - 136,860 216,960 2015 44,300 38,000 - 136,860 219,160 2016 45,800 38,000 - 136,860 220,660 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 30 r, McLain A Decision Support Systems McLAiN ft,hcrt RAd tin Pnnupal•RLLun Ircc i,i,m tiu�p„n�nn-m* Nt W.S..uiltwra P4.+'t..=41:5•1st .Ts,7ii{.7 (972)436(iitil CNh.v•(072)fi43-9397 F.,•S2c4>sa3.3(62 RI,Ink•I.,1.4.k. nl3,..,mi Table 2.38 Key Findings Recap of Revenue Offsets Drawdown Drawdown of of Non-Rate Non-Rate Water Wastewater Operating Non-Operating impact Impact Fiscal Revenues Revenues Fees Fees Year Table 2.36 Table 2.37 Table 2.28 Table 2.29 Totals 2005 $ 193,759 $ 800,919 $ 42,219 $ 215,922 $ 1,252,819 2006 251,700 138,000 42,445 662,189 1,094,334 2007 215,000 224,860 160,612 844,877 1,445,349 2008 272,817 224,860 260,381 845,976 1,604,034 2009 275,933 218,560 326,530 845,788 1,666,811 2010 279,050 212,460 380,325 844,254 1,716,089 2011 282,166 208,260 370,850 843,860 1,705,136 2012 285,283 210,960 381,696 845,615 1,723,554 2013 288,399 213,860 370,914 848,255 1,721,428 2014 291,516 216,960 372,858 851,083 1,732,416 2015 294,632 219,160 361,130 853,498 1,728,420 2016 297,749 220,660 350,346 858,406 1,727,160 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 31 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 09/15/08 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2008-45 repealing Ordinance No. 2007-37 and Ordinance No. 96-1, and replacing Chapter 50 (Floods), Article II (Flood Damage Prevention), of the City of Wylie Code of Ordinances, for the purpose of establishing regulations to minimize flood losses. Recommendation Motion to approve Ordinance No. 2008-45 repealing Ordinance No. 2007-37 and Ordinance No. 96-1, and replacing Chapter 50 (Floods), Article II (Flood Damage Prevention), of the City of Wylie Code of Ordinances, for the purpose of establishing regulations to minimize flood losses. Discussion The Federal Emergency Management Agency (FEMA) has requested that Cities update their flood damage prevention ordinance to meet the requirements of the National Flood Insurance Program (NFIP) regulations. Specifically, FEMA has asked Cities to update Article 3, Section B which specifies the most current Flood Insurance Rate Map updates. Approved By Initial Date Department Director CH 92 5/0 City Manager /91/\ () Page 1 of 1 ORDINANCE NO. 2008-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2007-37 AND ORDINANCE NO. 96-1, AND REPLACING CHAPTER 50 (FLOODS), ARTICLE II (FLOOD DAMAGE PREVENTION), OF THE CITY OF WYLIE CODE OF ORDINANCES, FOR THE PURPOSE OF ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Ordinance No. 2007-37 and Ordinance No. 96-1 and replace Chapter 50 (Floods), Article II (Flood Damage Prevention), of the Wylie Code of Ordinances for the purpose of establishing regulations to minimize flood losses. 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: Repeal of Ordinance No. 2007-37 and Ordinance No. 96-1. Wylie Ordinance No. 2007-37 and Ordinance No. 96-1 are repealed in their entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2007-37 and Ordinance No. 96-1 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2007- 37 and Ordinance No. 96-1 occurring before the effective date of this Ordinance. SECTION 3: Replacement of Chapter 50 (Floods), Article II (Flood Damage Prevention) of the Wylie Code of Ordinances. Replacement of Chapter 50 (Floods), Article II (Flood Damage Prevention), of the Wylie Code of Ordinances, is hereby replaced to read as follows: "ARTICLE II FLOOD DAMAGE PREVENTION Sec. 50-31. Statutory Authority The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 1 529159.vl adopt regulations designed to minimize flood losses. Therefore, the City Council of Wylie, Texas does ordain as follows: Sec. 50-32 Findings of Fact (a) The flood hazard areas of Wylie are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage. Sec. 50-33 Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. Sec. 50-34 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 2 529159.v1 (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 50-35 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. Alluvial Fan Flooding flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant Structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Area of Future Conditions Flood Hazard means the land area that would be inundated by the 1- percent-annual chance (100 year) flood based on future conditions hydrology. Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on the Flood Insurance Rate Maps (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 3 529159.v 1 Area of Special Flood Hazard is the land in the floodplain subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. Base Flood means the flood having a 1 percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year- also called the Base Flood. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical Feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Existing Construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by Wylie. Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 4 529159.v l Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. Flood Elevation Study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e.,mudflow) and/or flood-related erosion hazards. Flood Insurance Rate Map (FIRM) means the official map used by Wylie, Texas, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to Wylie. Flood Insurance Study (FIS) see Flood Elevation Study Floodplain or Flood-Prone Area means any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain Management Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within Wylie subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 5 529159.vl Floodway see Regulatory Floodway Functionally Dependent Use means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee System means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 6 529159.vl Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured Home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". Manufacture Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a the Flood Insurance Rate Map are referenced. New Construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by Wylie and includes any subsequent improvements to such structures. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by Wylie. Recreation Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and(iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 7 529159.v 1 Special Flood Hazard Area—see Area of Special Flood Hazard Start of Construction - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant of relief by the City from the terms of a floodplain management regulation. (For full requirements see 44 CFR, Section 60.6). Violation means the failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 8 529159.vl Water Surface Elevation - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 50-36 Lands to which this ordinance applies The Ordinance shall apply to all areas of special flood hazard with the jurisdiction of City of Wylie. Sec. 50-37 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Rockwall County and incorporated areas," dated September 26, 2008, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated September 26, 2008, "The Flood Insurance Study (FIS) for Dallas County dated June 14, 2005 with accompanying Flood Insurance Rate Maps and/or Flood Boundary- Floodway Maps (FIRM and/or FBFM) dated June 14, 2005, Collin County and incorporated areas dated January 19, 1996 and December 19, 1997 with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated January 19, 1996 and December 19, 1997 and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. Sec. 50-38 Establishment of Development Permit Floodplain Development Permit shall be required to ensure conformance with the provisions of this Ordinance. Sec. 50-39 Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. Sec. 50-40 Abrogation and Greater Restrictions This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 50-41 Interpretation Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 9 529159.v l In the interpretation and application of this Ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Sec. 50-42 Warning and Disclaimer of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. Sec. 50-43 Designation of Floodplain Administrator The City Manager or his/her designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations)pertaining to floodplain management. Sec. 50-44 Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this Ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, here there appears to be a conflict between a mapped boundary and actual field Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 10 529159.vl conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Sec. 50-37, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Sec. 50-48. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the Flood Plain Administrator may approve certain development in Zones A1-30, AE, AH, on the City's FIRM, which increases the water surface elevation of the base flood by more than 1 foot, provided that all of the requirements of Section 65.12 are first met. Sec. 50-45 Permit Procedures (a) Application for a Floodplain Development Permit shall be presented to the floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article 11 Page 11 529159.vl (1) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (2) Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed; (3) A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Sec. 50-49(2); (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (5) Maintain a record of all such information in accordance with Sec. 50- 44(1); (b) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; (2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (7) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (8) The necessity to the facility of a waterfront location, where applicable; and Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 12 529159.v1 (9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Sec. 50-46 Variances to Flood Plain Regulations (a) The Board of Adjustment shall hear and render judgment on requests for variances from the requirements of this Ordinance. (b) Variances may be issued for: (1) the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance; and (2) new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Sec. 50-45(b) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Required findings for granting variances: (1) Variances shall only be issued if the Board of Adjustment finds (i) that the variance is the minimum necessary, considering the flood hazard, to afford relief; (i) that there is a good and sufficient cause for the variance; (ii) that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) In addition to the required findings listed in Sec. 50-46(f)(1), if the requested variance is to allow the repair or rehabilitation of a historic structures, the Board must also find that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 13 529159.v1 (3) In addition to the required findings listed in Sec. 50-46(0(1), if the requested variance is for new construction, substantial improvements, and/or other development necessary for the conduct of a functionally dependent use, the Board must also find that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (e) Upon consideration of the factors noted above and the intent of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article. (f) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (g) The Floodplain Administrator shall maintain a record of all actions involving variances to the flood plain regulations and make such records available to the Federal Emergency Management Agency upon request. Sec. 50-47 Appeal of Flood Plain Administrator's Decision (a) A decision made by the Flood Plain Administrator in the enforcement or administration of this Article, may be appealed to the Board of Adjustment pursuant to and limited by Section 211.009-211.010 of the Texas Local Government Code and the Wylie Code of Ordinances. (b) The Floodplain Administrator shall maintain a record of all actions involving an appeal and make such records available to the Federal Emergency Management Agency upon request. Sec. 50-48 Provisions for Flood Hazard Reduction In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 14 529159.vl (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Sec. 50-49 Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Sec. 50-37, (ii) Sec. 50-44, or (iii) Sec. 50-49(3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Sec. 50-45, is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 15 529159.vl level) to which such structures are flood-proofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than 1 foot above grade. (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes (i) Require that all manufactured homes to be placed within Zone "A" on Wylie's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (ii) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on Wylie's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above Ordinance No:2008-45 Repeal of Ordinance No. 2007-37 and 96-1 Replacing Chapter 50,Article II Page 16 529159.v l the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the City's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (A) the lowest floor of the manufactured home is at or above the base flood elevation, or (B) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Sec. 50-45(a), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Sec. 50-49 Standards for Subdivision Proposals (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sec. 50-32, Sec. 50-33, and Sec. 50-34; (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Sec. 50-38; Sec. 50-45; and the provisions of Sec. 50-48; (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 17 529159.v 1 whichever is lesser, if not otherwise provided pursuant to Sec. 50-37 or Sec. 50-44(8) of this Ordinance; (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards; and (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Sec. 50-50 Standards for Areas of Shallow Flooding(AO/AH ZONES1. Located within the areas of special flood hazard established in Sec. 50-37 are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least 2 feet if no depth number is specified); (2) All new construction and substantial improvements of non-residential structures; (i) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least 2 feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 18 529159.vl (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Sec. 50-45 are satisfied; and (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Sec. 50-51 Floodways Floodways located within areas of special flood hazard established in Sec. 50-37, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless: (i) it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge; or (ii) pursuant to and upon the completion of all the requirements set forth in 44 CFR Chapter 1, Section 65.12. (2) If Sec. 50-51 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sec. 50-48, Sec. 50-49, Sec. 50-50 and Sec. 50-51." SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No:2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 19 529159.vl SECTION 6: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23"1 day of September, 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 1, 2008 Ordinance No: 2008-45 Repeal of Ordinance No.2007-37 and 96-1 Replacing Chapter 50,Article II Page 20 529159.vl id/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 4 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: September 15, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2008-42(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. Recommendation Motion to approve a Resolution No. 2008-42(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. Discussion The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. Total project cost is projected to be $8,298,750 and the County participation is $4,149,375. Funding for the City's portion of the project will be through Thoroughfare Impact Fees or though a future bond program. The County will be releasing $500,000 in 2008 to start the design of the project. The County previously completed an alignment study for the roadway which was approved by Council on July 8, 2003. Council approved the Inter-Local Agreement on the August 12, 2008 meeting; however, Collin County has requested that the reference to the total County commitment for the project be removed. Due to the large amount of the 2007 bond program, funding for each project must be approved yearly. If the line in question is left in the agreement, the County must encumber those funds. Approved By Initial Date Department Director CH 9/15/08 City Manager 05 Page 1 of 1 RESOLUTION NO. 2008-42(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF STONE ROAD FROM AKIN LANE TO COUNTY LINE ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Agreement between Collin County and the City of Wylie concerning the construction of Stone Road from Akin Lane to County Line Road. 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 this 23rd day of September, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-42(R) Interlocal Agreement with Collin County McMillen Road from East of McCreary to FM 1378 EXHIBIT "A" Interlocal Agreement Resolution No.2008-42(R) Interlocal Agreement with Collin County McMillen Road from East of McCreary to FM 1378 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR CONSTRUCTION OF McMILLEN ROAD FROM EAST OF MCCREARY RD TO FM 1378 BOND PROJECT # 07-091 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of McMillen Road and other improvements from east of McCreary Road to FM 1378 in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to McMillen Road, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,000 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total cost of the Project to be $8,298,750, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 1 521932.v2 remitted by the County during 2008 shall not exceed $500,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost of the Project is less than the estimated cost of $8,298,750, the City shall reimburse the County so that the County will have only paid fifty percent (50%) of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 2 521932.v2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 3 521932.v2 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of , 200_, by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 4 521932.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: September 15, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2008-43(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. Recommendation Motion to approve Resolution No. 2008-43(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. Discussion The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. Total project cost is projected to be $12,330,000 and the County participation is $5,021,250. The City funded $10,387,500 in the 2005 Bond Program and $3,277,936.17 was spent for the construction of Stone from Ballard to Akin Lane. The County will be releasing $500,000 in 2008 to start the design of the project. Council approved the Inter-Local Agreement on the August 12, 2008 meeting; however, Collin County has requested that the reference to the total County commitment for the project be removed. Due to the large amount of the 2007 bond program, funding for each project must be approved yearly. If the line in question is left in the agreement, the County must encumber those funds. Approved By Initial Date Department Director CH 9/1 /08 City Manager 1 d J t Volx Page 1 of 1 RESOLUTION NO. 2008-43(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF STONE ROAD FROM AKIN LANE TO COUNTY LINE ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Agreement between Collin County and the City of Wylie concerning the construction of Stone Road from Akin Lane to County Line Road. 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 this 23rd day of September, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-43(R) Interlocal Agreement with Collin County Stone Road from Akin Lane to County Line Road EXHIBIT "A" Interlocal Agreement Resolution No.2008-43(R) Interlocal Agreement with Collin County Stone Road from Akin Lane to County Line Road INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF STONE ROAD FROM AKIN LANE TO COUNTY LINE ROAD BOND PROJECT # 07-084 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Stone Road and other improvements from Akin Lane to County Line Road in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Stone Road, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 10,000 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $10,042,500, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount ILA between Collin County and the City of Wylie re: Stone Rd. (Project#07-084) Page 1 521931.v2 of Funds remitted by the County during 2008 shall not exceed $500,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under (a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual costs of the Project is less than the estimated cost of $8,298,750, the City shall reimburse the County so that the County will have only paid fifty percent (50% ) of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 2 521931.v2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS,AGENTS,AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 3 521931.v2 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 200_, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 4 521931.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 6 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 9/15/2008 Budgeted Amount: Resolution/Interlocal Agreement for Fire Protection Exhibits: Services Subject Consider, and act upon, Resolution No. 2008-44(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement with the Town of St. Paul to provide Fire Protection Services for their city limits and E.T.J. Recommendation Motion approving Resolution No. 2008-(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement with the Town of St. Paul to provide Fire Protection Services for their city limits and E.T.J. Discussion The City of Wylie has been providing fire protection services for the Town of St. Paul since 1993. The proposed contract almost mirrors the past contract with one major change. The contract changes how the City of Wylie bills the Town of St. Paul for fire protection. Currently the Town of St. Paul pays a flat fee of$60,000 per year for fire protection services, and the new contract states payments will be based on the previous years "personnel responses". The cost comparison is that in the 2007-2008 fiscal year, the Town of St. Paul paid the City of Wylie $60,000.00. In the 2008-2009 budget year, the Town of St. Paul will pay the City of Wylie $111,594.46. Approved By Initial Date Department Director RC 9/15/08 City Manager f \ ((j/U(j Page 1 of 1 RESOLUTION NO. 2008-44(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES FOR THEIR CITY LIMITS AND ETJ. WHEREAS, the City of Wylie Fire-Rescue ("W.F.R.") currently provides fire protection service within the corporate limits of St. Paul pursuant to a previous agreement dated October 1, 2001; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such fire protection service to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791,the Interlocal Cooperation Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby approves the lnterlocal Agreement with the Town of St. Paul for Fire Protection Services for their city limits and E.T.J. SECTION 2: That the Mayor is hereby authorized to execute the Interlocal Agreement. SECTION 3: This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 23rd day of September, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-44(R) Interlocal Agreement with the Town of St. Paul Fire Protection Services INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the 1st day of October 2008 ( the "Effective Date"), by and between the City of Wylie, Collin County, Texas ("Wylie"), a Texas municipal corporation, acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. WHEREAS, the City of Wylie Fire-Rescue ("W.F.R.") currently provides fire protection service within the corporate limits of St. Paul pursuant to a previous agreement dated October 1, 2001; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such fire protection service to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and St. Paul do hereby agree to the following: I. TERM The term of this Agreement begins October 1, 2008 and ends September 30, 2009 (the "Initial Term"). Upon the completion of the Initial Term, beginning October 1, 2009, this Agreement shall automatically renew for successive one (1) year periods (the "Renewal Terms"), for five (5) years, unless terminated by either party in accordance with Section V., Termination, below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour fire protection service to the corporate limits and extra-territorial jurisdiction of St. Paul including, but not limited to, grass fires, structure fires, motor vehicle accidents, false alarms, and first response emergency medical and rescue services. Wylie agrees that the fire protection service provided to St. Paul by the Wylie Fire Rescue ("W.F.R.") will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 III. PERFORMANCE OF SERVICES Fire protection service by Wylie shall not be arbitrarily withheld, but it is understood by the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie from providing service at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen irregular circumstances arising, if such should arise. Wylie agrees that it will not unreasonably withhold fire protection service, personnel, or equipment for the exclusive use of any person, group or city, and further agrees that if it is unable to provide fire protection service to St. Paul at any particular time, Wylie will use its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider. Pursuant to this Agreement, Wylie may charge fees to any citizen of St. Paul using such fire protection services as may be provided for by ordinance of Wylie. Wylie agrees that the W.F.R. will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as requested within reason by St. Paul. St. Paul shall be solely responsible for providing the W.F.R. with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into St. Paul. IV. COMPENSATION Until such time as this Agreement is terminated or modified by the parties in accordance with Paragraphs 12 or 13 below, St. Paul agrees to pay Wylie annually for providing fire protection service to St. Paul (the "Annual Fee"), which Wylie agrees is a reasonable fee for such fire protection service, according to Exhibit"A". St. Paul will be billed for the previous calendar year's call volume, and the Annual Fee will be based on the previous year's personnel responses. Personnel response costs will adjust annually as Wylie's operating budget increases or decreases. Therefore, these personnel response fees will be adjusted annually and distributed as a new Exhibit to this contract each year. Exhibit "A" is attached and reflects 2007 call volume and costs. a) During the Initial Term of this Agreement, the Annual Fee will be paid in four equal installments on or about the first (1st) day of October, January, April, and July. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 b) During each renewal Term of this Agreement, the Annual Fee will be paid in four equal installments on or about the first (1st) day of October, January, April, and July. V. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by providing sixty (60) days written notice to St. Paul. In the event of such termination by either party, Wylie shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, St. Paul shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VI. IMMUNITY/INDEMNITY It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. It is understood and agreed by the parties hereto that if, for reasons stated in Section III above, Wylie does not furnish personnel and/or equipment for fire protection service outside of its corporate limits, although notified of the need for such service, that Wylie shall not be liable in damages or otherwise for the failure to furnish same provided Wylie used its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider, and St. Paul enters into this Agreement with this understanding. St. Paul agrees that the acts of any person or persons dispatched by Wylie in response to a fire protection call, traveling to or from said calls, or in any manner furnishing fire protection service to St. Paul, outside the city limits of Wylie, shall be considered as the acts of agents of St. Paul in all respects, notwithstanding such person or persons may be regular employees, firemen or independent contractors of Wylie. St. Paul, to the extent allowed by law, shall defend, exempt, indemnify and hold harmless Wylie, its officers, agents, servants, representatives and/or employees of and from any and all claims, suits, actions, legal proceedings, demands, damages or judgments, including all expenses, attorney fees, witness fees, costs, and costs and expenses of appeals therefrom, arising out of the performance of this Agreement, including, but not limited to, the intentional or negligent acts and/or omissions of St. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 Paul, its officers, agents, servants, representatives and/or employees. This paragraph shall survive termination of this Agreement. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and St. Paul and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and St. Paul. VII. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. XI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. ADDITIONAL AGREEMENTS Wylie is not prohibited by this Agreement from entering into similar agreements with other governmental entities or political subdivisions. XI. AMENDMENTS/MODIFICATIONS This Agreement may be amended or modified by the mutual agreement of both parties in writing,to be attached to and incorporated herein as a part of this Agreement. XII. EXECUTION This Agreement may be executed in multiple originals. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 City of Wylie, Texas Eric Hogue, Mayor Date Town of St. Paul, Texas ,Mayor Date STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2008. Notary Public in and for the State of Texas My Commission Expires: ILA Wylie and St.Paul(Fire Protection Services) 523269-1 STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the ST. PAUL, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2008. Notary Public in and for the State of Texas My Commission Expires: ILA Wylie and St.Paul(Fire Protection Services) 523269-1 ST. PAUL FIRE PROTECTION ANNUAL FEE 2008-2009 EXHIBIT A Number of Number of W.F.R. 2007- Number of Personnel Personnel 2008 Annual Per Personnel Personnel Response Rate Responses in Operating Response Rate Responses in x St. Paul Wylie Budget St. Paul Personnel Requests 11,471 $5,100,000 $444.60 251 $111,594.46 ILA Wylie and St.Paul(Fire Protection Services) 523269-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: 5114-56530 Date Prepared: September 17, 2008 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-46, amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $60,000, to provide additional funds within this fiscal year for City Attorney's fees. Recommendation Motion to approve Ordinance No. 2008-46, amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $60,000, to provide additional funds within this fiscal year for City Attorney's fees. Discussion For FY 2007-2008, the City Attorney line item for Legal Fees was budgeted at $115,000. These funds have been exhausted because of an unexpected increase in the use of legal services throughout this fiscal year. A budget amendment in the amount of$60,000 is requested for the balance of the fiscal year. Approved By Initial Date Department Director L/W 9/ 7/08 City Manager //r G` /0 Page 1 of 1 ORDINANCE NO. 2008-46 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-29, (2007-2008 BUDGET) AND APPROPRIATING FUNDS IN THE AMOUNT OF $60,000 TO PROVIDE ADDITIONAL FUNDS WITHIN THIS FISCAL YEAR FOR CITY ATTORNEY'S FEES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2007-29 setting forth the Budget for Fiscal Year 2007-2008 beginning October 1, 2007, and ending September 30, 2008; and WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determined if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that this amendment to the Budget be considered by the City Council; and WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and WHEREAS, the City Council has determined that the proposed amendment to the FY 2007-2008 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendment to the FY2007-2008 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2008-46, be completely adopted and approved as an amendment to the said FY2007-2008 Budget. SECTION II:All portions of the existing FY2007-2008 Budget and Ordinance No. 2007-29, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. Ordinance No.2008-46 2007-2008 Budget Amendment City Attorney Fees SECTION IV: 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 V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the 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 affecting any rights of the municipality under any section or provision 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 23rd day of September 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2008-46 2007-2008 Budget Amendment City Attorney Fees Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 23, 2008 Item Number: 8 Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: N/A Date Prepared: September 17, 2008 Budgeted Amount: N/A Exhibits: 2 Subject Consider, and act upon, amendments to the Rita and Truett Smith Public Library Computer Use Policy. Recommendation Motion to approve amendments to the Rita and Truett Smith Public Library Computer Use Policy. Discussion Mayor and Council approved the Smith Public Library "Internet Acceptable Use Policy" on April 13, 2004. The proposed amendments to the policy reflect the growing use of the library's public service computers. The proposed amendments incorporate these changes and present the information in more concise language. The City Attorney reviewed and revised this policy. The library Board approved this policy on September 8, 2008. Changes from the 2004 to the current policy include: • Changing the name from "Internet Acceptable Use Policy" to "Computer Use Policy" because the library now offers other services on the computers. • The "Supervising Children's Use" section has been changed to "Use by Children" and is more concise. • The "Library Staff Guidelines" has been removed. The City now has a policy in place for all employees. • The "Internet Usage Guidelines" has been changed because the library now has a Reservation Management System. The time limit is not defined in the new policy. Time limits will be imposed based on use patterns. • The sections "Rules for Internet Access" and "Internet Usage Guidelines" are now in one section titled "User Responsibilities." Parental permission is still required for a minor 17 years of age and under. Patrons 18 years of age and older will be able to accept the policy online. Approved By Initial Date Department Director RO 9/1 /0 City Manager ( 1/1� Page 1 of 1 Smith Public Library To: Mayor and Council From: Rachel Orozco, Library Director CC: Mindy Manson, City Manager Date: September 15, 2008 Re: Revisions to Internet Policy Mayor and Council approved the Smith Public Library Internet Policy in 2004. The proposed policy has been changed to reflect the growing use of the library's public service computers.The proposed revision incorporates these changes and presents the information in more concise language. The City Attorney has reviewed this policy. The Library Board approved this policy on September 8,2008. Highlights of the policy: • Resources in electronic format are part of the Library's reference service and are in accordance with the Library's Mission Statement. • Typical services will include: Internet access, business applications such as word processing or spreadsheets, database access,children's educational and software applications and other technologies as they become available. • The Library utilizes software that blocks sources on the Internet that are obviously inconsistent with the Library's mission. • Children seventeen and under are required to have the written permission of a parent or guardian to access the Internet. Library staff is not responsible for assuring the appropriateness of information accessed by children.The parent or guardian must complete an application provided by the Library, read the Computer Use Policy and acknowledge the same by signing their child's Library card in order to obtain Internet authorization for their child. • (All computer users shall:)Comply with Library's rules of conduct. • (All computer users shall:)Abide by state and federal laws regarding the transmission of obscene, threatening, or harassing materials and messages. • Violation of any part of the Wylie Computer Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computer privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. Thank you for your consideration of this policy. Respectfully submitted, Rachel Orozco Library Director Smith Public Library 1 Rita and Truett Smith Public Library Computer Use Policy Approved by the Library Board September 8, 2008 Introduction Access to information resources in electronic format are offered by the Rita and Truett Smith Public Library. Resources in electronic format are part of the Library's reference service and are in accordance with the Library's Mission Statement. Services Available: Typical services will include: Internet access, business applications such as word processing or spreadsheets, database access, children's educational and software applications and other technologies as they become available. Services may be added and deleted as decided by the Library Director. The Library's electronic services are not intended to provide access to every software or hardware application or to every source of information available. The Library does not offer email accounts but allows access to free email providers on the Internet. Information on the Internet is not necessarily current, accurate, or complete. While most valuable information is available on the Internet, some may be considered to be obscene, patently offensive or harmful, especially to minor children, as defined by applicable state and/or federal laws. For purposes of this policy, minors are defined to include all individuals under the age of eighteen years. Since the Internet makes accessible a rapidly changing array of resources, it is not possible for the Library to control or monitor content on a regular basis. The Library utilizes software that blocks sources on the Internet that are obviously inconsistent with the Library's mission. This does not fully guarantee that individual users are protected from accessing information they personally may deem undesirable or disturbing. Please be advised that filtering software is not foolproof; it diminishes the likelihood of seeing offensive material on the Internet, but does not totally eliminate the possibility. 1 Registration & Time Limits: All users, adults and minors, of computer workstations must be registered card- holders with the Library. Only the individual card holder may use his/her card for internet access. Guest cards may be issued for short-term use at the discretion of Library staff. Minors may only access the computer workstations if their parent or guardian has signed the minors' library card indicating that the parent or guardian has read and accepted the terms of the Wylie Library Computer Use Policy. All computer workstations are available on a first-come, first-serve basis. Users shall abide by a reservation management system and procedures implemented by the Library. Time limits will be imposed on all computer workstation use. Time limits may vary depending on availability of computers. Use by Children: Children seventeen and under are required to have the written permission of a parent or guardian to access the Internet. Library staff is not responsible for assuring the appropriateness of information accessed by children. The parent or guardian must complete an application provided by the Library, read the Computer Use Policy and acknowledge the same by signing their child's Library card in order to obtain Internet authorization for their child. User Responsibilities: All computer users shall: • Comply with Library's rules of conduct. • Abide by state and federal laws regarding the transmission of obscene, threatening, or harassing materials and messages. • Observe the legal protections provided by copyright and license law, and computer abuse laws. • Close all programs and leave the workstation immediately at the end of their allotted time. • Be aware that the Internet is not a secure medium and that third parties may be able to obtain information regarding their activities. The Library will only release information on the use of specific resources by members of the public when required to do so by law or as may be necessary for the proper operation of the library. • Refrain from downloading and/or installing on the hard drive any software applications from the Internet or from USB, CDROM or any other application. 2 • Refrain from changing the configuration files of any hardware or software on the Library's workstations. • Assume full responsibility for online financial transactions and the payment of fees for access to any fee-based services. • Assume full responsibility for filing electronic forms. • Report equipment problems promptly to Library staff. • Be aware that the validity and reliability of the content found on the Internet rests with the author and/or publisher. It is the user's responsibility to ascertain the reliability of information found on the Internet. Remember that the Library is a public environment frequented by people of all ages. Computer workstations are in full view of Library staff and other Library users. All users have the right to expect that other users sharing the space do so with respect for others and, furthermore, to expect the quality of cooperation that is desirable and fitting in a community facility. Disclaimer: In consideration for the privilege of using the Library and for having access to the information contained in it, library customers hereby release and hold harmless the City of Wylie, its officers, agents, servants, or employees, the Wylie Public Library, its staff, volunteers, representatives or advisors, from any and all liability or responsibility for any and all claims or expenses arising either directly or indirectly from the use of the Library, whether or not caused, in whole or in part, by alleged negligence of the City of Wylie, its officers, agents, servants, employees, volunteers, representatives or advisors. Violation of Wylie Computer Use Policy: Violation of any part of the Wylie Computer Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computer privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. 3 INTERNET ACCEPTABLE USE POLICY APPROVED by the City Council on April 13, 2004 PURPOSE The Rita and Truett Smith Public Library offer access to the internet to further the library's mission by providing a broad range of information sources. The internet takes you outside library walls and into an electronic world of information which has all of the excitement and risks of the world at large. Much of the information you find,may be valuable, but not all intemet resources are reliable, current, or accurate. You may find opinions, ideas and images which are controversial, divergent, inflammatory, and offensive. By providing access, the library does not endorse or sanction the content or point of view of information or commentary found on the Internet. Technology Protection Measures The library, either by itself or in combination with its Internet access provider, will install filtering software or other technologies on all library computers with Internet access, and will enforce the operation of same during any use of those computers, to prevent minors from accessing visual depictions that are(1) obscene, (2)child pornography,or(3)harmful to minors. The term "harmful to minors" is defined by the Communications Act of 1934 (47 USC Section 254 [h], [7]), as meaning any picture,image,graphic image file, or other visual depiction that: • taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; • depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; • when taken as a whole, lacks serious literary, artistic,political, or scientific value as to minors. Filtering software is not foolproof. It diminishes the likelihood that searchers will inadvertently retrieve text or images that they may find offensive, but does not eliminate that possibility. Filters often block access to sites that users would consider both offensive and useful. If you do not find what you need,please do not hesitate to ask a librarian for help. Technology protection measures may be disabled by a library staff member, as necessary, for bona fide research or other lawful purposes by people aged 18 and older. Internet Acceptable Use Policy Adopted April 13,2004 INTERNET FUNCTIONS NOT SUPPORTED The library does not provide electronic mail accounts. Responsibilities of Library Staff and Users Library staff will not monitor a user's Internet use, except for length of use in order to ensure equal opportunity of access for everyone. The user, or the parent of a minor,is responsible for his or her Internet session at all times. The Library reserves the right to terminate an Internet session that disrupts library services or that involves user behavior that violates the library's policies. Parents, not library staff, are responsible for their minor children's use of the Library's resources and facilities. (Minors are defined in this policy as children and young people under the age of 18 years.) Parents who believe that their children cannot responsibly use the library's internet access are requested to monitor their children's Internet use. LIBRARY STAFF GUIDELINES • Staff members may not systematically employ system resources for the purpose of personal commercial gain. • Electronic communications and publications originating from library systems are considered to be representative of the library. Staff must adhere to-Library guidelines in this policy. Supervising Children's Use 1) The Internet is a global entity with a highly diverse user population and information content Library patrons use it at their own risk. Many sites carry sexually explicit and other types of information which may be controversial or inappropriate. Parents or legal guardians are responsible for monitoring the Internet activities of their children. Any material that contains child pornography, obscene or other illegal activities (criminal offenses) are prohibited by Texas State and Federal Laws. 2) Access, use, or dissemination of information via the Internet in the library is the responsibility of the user. In the case of minors, it is a joint responsibility of the user and the parent or legal guardian. -- 3) The public library, unlike schools, does not serve in loco parentis(in place of a parent). Librarians cannot act in the place of parents in providing constant care and supervision of children as they explore the Internet. The responsibility for what minors read or view on the Internet rests with parents or legal guardians. 4) The following are recommended guidelines for parents and legal guardians to ensure that children have positive online experiences, whether at home or in the library. Explore the wide range of available information and tell your children about sites you consider inappropriate for them. Internet Acceptable Use Policy Adopted April 13,2004 • Encourage children to use sites recommended on the Library's Kid's Page and to avoid sites you consider unsuitable. • Instruct children NEVER to give out personal information (name, address, password, telephone number, credit card number)online. • Teach children to be good online consumers. As with print information, consider the source, date, and accuracy of online information. RULES FOR INTERNET ACCESS Users may not: • Use the workstations to gain access to the library's networks or computer systems or to any other network or computer system. • Obstruct other people's work by consuming gratuitously large amounts of system resources or by deliberately crashing any library computer system. • Violate the system security of the library's computers or any computer access through the library's equipment. • Make any attempt to cause degradation of system performance. • Use any library workstation for any illegal or criminal purpose. • Engage in any activity which is deliberately and maliciously offensive,libelous, or slanderous. • Use impolite or abusive language. • Interfere with the operation of any computer, alter, damage, or destroy computer programs without the effective consent of the owner or licensee of those resources. These acts may be considered a misdemeanor or felony crime under the Texas Penal Code(SECTION 1. Title 7, Chapter 33, Section 33.02a). • Save or download files to the hard drive(drive C). • Employ library systems to falsely identify them, falsely represent themselves,the Library or any of its policies, services or practices, or otherwise commit forgery or fraud. • Employ Library systems for the purpose of libel, slander, or any form of harassment. • Violate Copyright laws. • Violate software licenses or agreements. • Use the computer for any commercial activity. Internet Acceptable Use Policy Adopted April 13,2004 A violation of these guidelines may result in revocation of access privileges to the library computers and/or the Smith Public Library. Users are liable for any damages or other court imposed remedies as a result of: • Violation of copyright laws • Violation of software license or agreement. • Violation of any state or federal law or local ordinance. • Destruction of or damage to equipment, software or data access to the library workstations or equipment belonging to the library. • Violation of the system security of the library's computers or any computer access through the library's equipment. • Disruption of network services. • Any other matter prohibited by this policy. • A violation of these guidelines may result in revocation of access privileges to the library computers and/or the Smith Public Library. The City of Wylie and the Rita and Truett Smith Public Library are not responsible for the loss of any data or damage or liability that may occur from your use of the library's computer. INTERNET USAGE GUIDELINES • Access: Anyone wishing to access the Internet from a library computer dedicated to the Internet must present his or her own current library card and leave it with a staff member for the duration of the session. Patrons are requested to sign in at the information desk. Patrons must read and accept the Internet Policy and Guidelines before going forward and accessing the Internet. Youth under 18 years of age will be required to have parental or guardian permission to access the Internet. While the library will make every effort to ensure that the use of the Internet is consistent with the Mission Statement, parents are encouraged to work closely with their children in selecting material that is consistent with personal and family values and boundaries. • Time: Users are limited to 30 minutes at a time if others are waiting. If no one is waiting, and the other Internet workstation is not in use, the person may stay on until all computers are in use. In addition,users are limited to a total of one hour per day. • Printing: Printing is allowed, but counts as part of the time limit. It costs 10 cents per page for black and white copies. Color copies are not available. • Downloading/Saving Information: Users are allowed to download and save information. However, the diskette must be purchased from the Friends of the Library at the circulation desk. They may not bring in their own diskettes. This is an effort to prevent viruses. The floppy drive is locked. A library employee can assist you with use of the drive. Internet Acceptable Use Policy Adopted April 13,2004 • Hardware/software: Only library-supplied hardware and software can be used on library computers. • Noise/Crowd Control: To cut down on noise and crowding, no more than three people at a time may cluster around a single Internet Workstation.The library reserves the right to lower that limit to two or even one person at a time when necessary. • Disclaimers While the Library endeavors to provide access to information of the highest quality, the Library specifically disclaims any warrant as to the information's accuracy, timeliness, authoritativeness, usefulness or fitness for a particular purpose. The Library will have no liability for direct, indirect or consequential damages related to the use of information accessed through the library's internet service. The Library, having installed and enforced the operation of filtering software in compliance with the Children's Internet Protection Act, will have no liability for damages related to the operation of, or failure of,the filtering software,or for its circumvention by users. COPYRIGHT erschirmerahoo.com Copyright Law prohibits the unauthorized reproduction or distribution of copyrighted materials, except as permitted by the principles of "fair use". Users may not copy or distribute electronic materials (including electronic mail, text, images, programs or data) without the explicit permission of the copyright holder. Any responsibility for any consequences of copyright infringement lies with the user;the library expressly disclaims any liability or responsibility resulting from such use. Internet Acceptable Use Policy Adopted April 13,2004 COMPUTER/INTERNET POLICY RELEASE FORM (Adults) ADULT PATRONS: The undersigned acknowledges that he/she has read, understands, agrees to and will comply with the Smith Public Library Computer and Internet Policy. By signing below, you choose to access the Internet stations provided by the Smith Public Library. You also agree to all terms and conditions of the Smith Public Library Computer and Internet Usage policy; and you agree that you are fully responsible for any and all information you accesses on the Internet. The Smith Public Library has the ability to provide filters on computers accessed by its users; however, these filters have limitations and may not be able to screen and filter all age inappropriate or offensive material. You also understand that, whether you choose to have your access filtered or not, the Smith Public Library is in no way responsible for the content on any website that might be accessed on the Internet and you agree to waive and release the Smith Public Library and the City of Wylie, and anyone acting on their behalf from any and all claims or causes of action that may arise out of your access to the Internet. Filters are provided as a default setting on the computers at the Smith Public Library; however, you may choose to have those filters removed by indicating below that you wish unfiltered access to the internet. The Library will provide anti-glare peripheral vision screens. These screens do not provide complete privacy. I would like my access to the internet to be filtered / unfiltered (circle one). Adult's Name (Please Print) Library Card No. Signature Date COMPUTER/INTERNET POLICY RELEASE FORM (Minors) Parent or Legal Guardian The undersigned acknowledges that he/she has read, understands, agrees to and will comply with the Smith Public Library Computer and Internet Policy. By signing below, you choose whether to allow your child to access the_Internet stations provided by the Smith Public Library. You also agree to all terms and conditions of the Smith Public Library Computer and Internet Usage policy; and you agree that you are fully responsible for your child and any and all information your child accesses on the Internet. Although the Smith Public Library provides filters on computers accessed by minors, these filters have limitations and may not be able to screen and filter all age inappropriate or offensive material. You also understand the Smith Public Library is in no way responsible for the content on any website that might be accessed on the Internet and you agree to waive and release the Smith Public Library and the City of Wylie, and anyone acting on their behalf from any and all claims or causes of action that may arise out of you or your child's access to the Internet. The Library will provide anti-glare peripheral vision screens. These screens do not provide complete privacy. Child's Name (Please Print) Library Card No. My child may /may not access the Internet at the Library. Parent or Legal Guardian's Name (Please Print) Library Card No. Parent or Legal Guardian's Signature Date