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07-25-2006 (City Council) Agenda Packet Wylie City Council CITY F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, July 25, 2006 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mark B. Roath 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.riylietexas.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 PRESENTATION • Presentation to Glenn R. Meeks, Volunteer, City of Wylie Fire Department (J. Mondy, Mayor/J.. Scribner, Captain) 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. July 25,2006 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the July 11, 2006 Regular Meeting and July 18, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a petition from Herzog Development Corporation to defer the construction of the screening wall and landscaping for Phase 10C, 10D, and 12 of the Woodbridge Development. (C. Holsted, City Engineer) C. Consider, and act upon, Ordinance No. 2006-43 amending Section 78-72(a) of the City of Wylie Code of Ordinances to allow for the acceptance of deeds in addition to the plat dedications for dedication of park land to the City. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2006-44 amending Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) approving an appropriation of funds, in the amount of $29,508.52, for the purchase of EOC video communication equipment, EOC furniture, fees for the initial lease of Fire/EMS electronic reporting equipment, subscription to Fire/EMS software license, and department training for electronic Fire and EMS reporting technology. (N. Flores, Interim Fire Chief) REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-45 amending the zoning from Neighborhood Services (NS) and Agricultural (AG) District to Planned Development (PD) District to allow for mixed uses including retail and single-family residential of varied densities, generally located at the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. ZC 2006-09 (M. Manson, Assistant City Manager) Executive Summary The amendment of zoning request has been withdrawn by the applicant,Herzog Development Corporation. The subject property is located at the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. 2. Conduct a Public Hearing for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located west of F.M. 544 and north of Elm Road. (M. Manson, Assistant City Manager) Executive Summary Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the two required public hearings. This annexation is at the request of the July 25,2006 Wylie City Council Regular Meeting Agenda Page 3 of 4 property owner, Michael Hood. The property is located on the west side of F.M. 544,north of the recently approved Braddock Place development(the Rice property)and east of the Twin Lakes Subdivision. 3. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-46 amending Planned Development 2003-01 to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. ZC 2006-08 (M. Manson, Assistant City Manager) Executive Summary The applicant, Herzog Development Corporation, is requesting an amendment to PD 2003-01 to allow for a sports complex on Tracts A-4 and A-3 of the subject property. The Planning Commission considered this request at the June 6,2006 meeting and recommended approval by a vote of 6—0. 4. Conduct a Public Hearing on the proposed Thoroughfare Impact Fees. (C. Holsted, City Engineer) Executive Summary Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. On June 13,2006 City Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. General Business 5. Consider, and act upon, Ordinance No. 2006-47 regarding Thoroughfare Impact Fees to be assessed by the City of Wylie. (C. Holsted, City Engineer) Executive Summary In accordance with Section 395 of the Local Government Code, a public hearing was conducted to receive public comments on the proposed Thoroughfare Impact Fees to be assessed by the City of Wylie. 6. Consider, and act upon, a nomination for the Collin County group representative to serve on the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) of the Dallas/Fort Worth area. (J. Mondy, Mayor/C. Ehrlich, City Secretary) Executive Summary Membership on the Regional Transportation Council is either by direct membership or group representation. The Cities of Richardson, Addison, Wylie, Sachse, and Murphy currently share a seat on the RTC. Presentations were made by Greg Hirsch, Mayor Pro Tem, Town of Addison and John Murphy, Mayor Pro Tem, City of Richardson at the July 18, 2006 Called Council Meeting. The Cities have been requested by NCTCOG to deliberate on this nomination. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law, City Attorney's Office) Executive Summary Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie at the June 13, 2006 City Council Meeting. The City Attorney's Office has drafted, and then revised, an Ordinance on ethics for Council consideration and possible action. July 25,2006 Wylie City Council Regular Meeting Agenda Page 4 of 4 8. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, authorizing the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality (TCEQ) and allocating an amount not to exceed $ . (J. Mondy, Mayor) Executive Summary Ms.Laura Miller,Mayor,City of Dallas forwarded to Mayor John Mondy a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. The City of Sachse has expressed willingness to consider cost sharing in this endeavor. The City of Murphy has indicated that they would not want to participate. 9. Consider, and act upon, AIA Document B141 — 1997, Part 1 and Addendum #1, Part 2, and AIA Document G606 — 2000 between the City of Wylie and ARCHITEXAS — Architecture, Planning and Historic Preservation, Inc., related to design services for the new library. (M. Roath, City Manager) Executive Summary The City Council selected ARCHITEXAS as the architectural firm to design the new Library,City Hall and Recreation Center. Upon Council's selection, the City Administration has begun the negotiation process for a contract. WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I cent that this Notice of Meeting was posted on this 21s`day of July, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 11, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Red Byboth, Councilman Eric Hogue (arrived at 7:10 p.m.), Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Mayor Pro Tem Carter Porter was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff and Wylie Boards and Commission members. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom led the Pledge of Allegiance. ISSUANCE OF CERTIFICATE TO ELECTED COUNCIL MEMBER • Presented by Mayor John Mondy. Mayor Mondy presented newly elected Councilman Merrill Young the Certificate of Elected Officer. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBER • Administered by Judge Terry Douglas. Collin County Judge Terry Douglas administered the Oath of Office to newly elected Place 4, Councilmember Merrill Young. Minutes—July 11, 2006 Wylie City Council Page 1 PRESENTATIONS • Presentation to Outgoing 2005-2006 Boards and Commission Members. (J. Mondy, Mayor) Mayor Mondy and Council members presented Certificates of Appreciation to outgoing 2005- 2006 Wylie Board and Commission Members. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. Collin County Judge Terry Douglas administered the Oath of Office to newly appointed Wylie Boards and Commission members in attendance. 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. Margaret Maqqard residing at P 0 Box 613, Wylie, Texas 75098 addressed Council stating that she was against the new liquor laws (local option propositions) passed in Wylie. She stated that these types of laws invite organized criminals to establish themselves in the geographic area to further promote money laundering. She also stated that it was not a good influence on the youth in the area. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the June 26, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for Woodbridge Addition Phase 13, subject property being generally located west of Woodbridge Phase 12 and north of Woodbridge Phase 10C, at the intersection of Lost Highlands Lane and Fairland Drive. (M. Manson, Assistant City Manager) Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Hogue and Mayor Pro Tern Porter absent. Minutes—July 11, 2006 Wylie City Council Page 2 REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and act upon, Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor (CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. ZC 2006-10 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is currently zoned Agriculture and is located at 1950 Highway 78 North. The property is currently the site of an existing convenience store and motor fueling station. The applicant is requesting that the property be rezoned to Commercial Corridor. It is unclear why the property was not rezoned with the city-wide rezoning in November 2001. Council Discussion Councilman White asked if there were any other properties zoned Agricultural that need to be rezoned Commercial Corridor. Assistant City Manager Manson commented that there were a couple of other parcels that needed to be rezoned Commercial Corridor. Mayor Mondv opened the Public Hearing at 6:19 p.m. No one was present to address Council. Mayor Mondv closed the Public Hearing at 6:19 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor (CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. ZC 2006-10. A vote was taken and passed 5-0 with Councilman Hogue and Mayor Pro Tern Porter absent. General Business 2. Consider, and act upon, Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the recent adoption of Ordinance No. 2006-32 has resulted in a drop of City water usage; however, the system water pressure has lowered in the northwest area of the City on the designated watering days. Adoption of Ordinance No. 2006-41 modifies the Minutes—July 11, 2006 Wylie City Council Page 3 allowable watering days within the City of Wylie and the procedures for enforcing the mandatory water use restrictions. He explained that the ordinance allows for citations to be given on the first offense but the city would still give some warnings. It also addresses allowing the City Manager the discretion to appoint other staff to enforce the regulations. Council Discussion Councilman Young asked Mr. Hoisted what constitutes runoff. Mr. Hoisted stated this was a judgment call. He explained that with the current regulations, citizens had sixteen hours once a week of potential watering time. The runoff would more than likely happen if a resident watered many hours and would give the city the capability to stop excessive watering. Councilman Young then asked what would happen if the City did not comply with NTMWD regulations. Mr. Hoisted explained that if cities did not comply with the recommended regulations, NTMWD would have to move to stage 4 and would allocate only a certain amount of water per day per city. Once the allocation ran out, the City would receive no more water for that designated day. Councilman Byboth asked Mr. Hoisted which day each citizen was supposed to water; the regular trash day or the recycle day. Mr. Hoisted replied that citizens should follow the regular trash pick up day. He then asked what commercial businesses would do if they did not have a trash day. Mr. Hoisted replied that those businesses should pick one day per week to water. He explained that some of the parks were having to water in segments which went over the allotted day but each segment was only watered once per week. Councilman Newsom asked if other staff besides police would be serving citations. City Manager Roath explained that for the current time, the police department would still be writing citations. Staff was still going through the process of reorganizing the issuing of citations. He explained that staff was doing a very good job enforcing the regulations. Mr. Hoisted stated that the current numbers for usage in July showed a good reduction in water. He explained that it would only continue to reduce as citizens got accustomed to the new regulations. He explained that NTMWD estimated that Stage 3 could last as long as the summer of 2007. Council Action A motion was made by Councilman Byboth, seconded by Councilman White to approve Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Hogue absent. 3. Consider, and act upon, a Development Agreement between the City of Wylie and Estates at Creekside Phase IV Development,Inc. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 20-inch water line is necessary in the Creekside Estates Development to connect the new elevated storage tank to the system. The projected cost for this project in the capital improvements plan is$866,000. Council Discussion Councilman Young asked if the impact fees of $1,700,000. came from Creekside estates or from all developments in Wylie. Mr. Hoisted explained that the impact fees came from all developments but the amount requested in the item was, percentage wish, more than impact fee commitments for that development. Minutes—July 11, 2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a Development Agreement between the City of Wylie and the Estates at Creekside Phase IV Development, Inc. A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Hogue absent. 4. Consider, and act upon, a Development Agreement between the City of Wylie and Woodbridge 13,Ltd. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 12-inch water line is necessary to loop the water system in the Woodbridge Development. The projected cost for this project in the capital improvements plan is $740,000. Council Discussion Councilman Young asked if both Items 3 and 4 were approved tonight would that replenish most of the reserves for impact fees. Mr. Hoisted explained that the estimates were mush lower for the two agreements presented tonight and would leave somewhere around $1,000,000. in the current reserves. Council Action A motion was made by Councilman Newsom seconded by Councilman Byboth to approve a Development Agreement between the City of Wylie and Woodbridge 13, Ltd. A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Hogue absent. 5. Consider, and act upon, accepting bid and entering into lease agreement on 65 acres of City property to be used for hay production. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that competitive bids were solicited for the lease of approximately 65 acres of property located on what is commonly referred to as the Wells Property. One bid was submitted by Larry K. Allen in the amount of$12.00 per acre for a total of$780.00 annually. The lease agreement provides for temporary use of the property for the sole purpose of hay production. Council Discussion Councilman Byboth had concerns regarding the bidding of this item. He explained that he knew 4 people that wished to bid on the land lease. He stated that he did not know about the bidding and asked if the bid notice had been published. Mr. Sferra stated that the bid process had been published in the same manner as all other city bids. Mayor Mondy stated that the City had followed the guidelines for municipal bidding. Councilman Byboth stated that more information by staff could have been disseminated to Council. Mayor Mondy asked Julie Fort of the City Attorney's Office if the City could notify differently than it normally does. Ms. Fort replied that all City bids must be published and notified in the same way. Minutes—July 11, 2006 Wylie City Council Page 5 Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve a contract between The City of Wylie and Larry K. Allen, in the amount of $780.00, for hay production on approximately 65 acres of City property, for a period of one year with the option to renew. A vote was taken and passed 4-1 with Mayor Mondy, Councilman Newsom, Councilman White, and Councilman Young voting for and Councilman Byboth voting against with Mayor Pro Tem Porter and Councilman Hogue absent. Councilman Hogue arrived at 7:10 p.m. 6. Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law) Staff Comments Julie Fort representing the City Attorney's Office addressed Council stating that Mayor John Mondy expressed interest at the June 13th City Council meeting in establishing a Code of Ethics. She explained that the City Attorney's Office has drafted legislation on ethics for Council consideration and possible action. She stated that the draft ordinance had been styled for the City of Wylie. Council Discussion Councilman Young asked if Section 6, Public Property and Resources could be struck from the proposed code. Ms. Fort stated that it could be struck. Councilman Young then asked if he supported someone for political office could he do this as a citizen, but not as a Councilman. Ms. Fort stated that was correct, as long as the office title was not used. Councilman Newsom asked why a councilmember could not be designated as a campaign treasurer for another candidate. Ms Fort replied that this was not a requirement to be included in the proposed code and could be removed. Mayor Mondy and Councilman Newsom asked that the requirement that boards and commission members may not do business with the City of Wylie be removed. Councilman Newsom stated that this clause for B & C members would restrict the City from allowing qualified members to serve on various boards. Mayor Mondy also made mention of the effective date of the ordinance and mentioned that the time of effectiveness should be upon acknowledgement of the requirements. Councilman Newsom stated that the proposed ordinance should be written in a simpler manner. Councilman Young stated that he believed the laws already in existence in state law should not be included but rather noted for reference back to the state code. After further discussion between Council and Ms. Fort, Councilman Newsom asked if the item could be tabled until a full council was present. Councilman Young stated that he agreed. Ms. Fort stated that all changes could be incorporated into the draft and presented back to Council at the next Regular Council Meeting. Council gave some additional recommendations to Ms. Fort and asked the City Secretary to contact Mayor Pro Tem Porter for recommendations and that Ms. Fort revise and present the proposed draft at the next meeting. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to table consideration of Ordinance No. 2006-42 to the July 25, 2006 Regular Council Meeting to allow the City Attorney's Office time to make all revisions noted tonight to the proposed ordinance and obtain and include any recommendations from Mayor Pro Tem Porter. A vote was taken and passed 6-0 with Mayor Pro Tem Porter absent. Minutes—July 11, 2006 Wylie City Council Page 6 7. Consider, and act upon, authorizing the City of Wylie to join other cities in proceedings involving coal generation before the Texas Commission on Environmental Quality. (J. Mondy, Mayor) Council Discussion Mayor Mondy addressed Council stating that Ms. Laura Miller, Mayor, City of Dallas had forwarded to him a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. He explained that there were 17 coal generating plants coming on line and 12 of these are part of the TXU Power generators. Bill Harper, representative of TXU Electric was present to address Council. He stated that he was not affiliated with the Power side but would try and answer questions. With demands going up for electricity, the power company will be required to put more coal burning generators online. He explained that reserves for electricity were getting short and these new generators were very much needed. He stated that it was incumbent upon the electric companies to provide this electricity. He explained that the impact on the environment was something he had no expertise in and would defer to say that TXU Power will not build a plant without the hearings and permitting of TCEQ. He stated that all matters regarding environmental issues should be addressed both to TCEQ and TXU Power. He also commented that all new technology should be reviewed by TXU in regard to air quality with construction of these new power plants. City Manager Roath suggested he contact both the cities of Murphy and Sachse to see if they would be interested in cost sharing a $10,000. contribution to the formal intervention group made up of Dallas/Fort Worth cities to research (including experts) and have the opportunity to contest permits unless clean air processes are utilized. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to table action on this item to the July 25, 2006 Regular Council Meeting to allow the City Manager time to contact the City of Murphy and the City of Sachse for possible joint contributions. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. WORK SESSION • Discussion on the City of Wylie's 120th Birthday Celebration. (M. Sferra, Public Services Director) Mayor Mondy convened into Work Session at 7:45 p.m. Representatives from the Parks and Recreation Board and staff addressed Council stating that the October, 2006 timing of the proposed event was not a good time for planning and implementation of the event. They suggested that the event be postponed to October of 2007. Direction from Council was to bring back a work session the 2nd meeting in October of 2006 to begin work on a celebration to be held in 2007 and to allow the Parks Board to be the steering committee for the City in planning the event with other entities. RECONVENE INTO REGULAR SESSION Mayor Mondy reconvened into Regular Session at 8:10 p.m. Minutes—July 11, 2006 Wylie City Council Page 7 8. Consider, and act upon, the City of Wylie's 120th Birthday Celebration. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that should City Council desire to mark the event with a celebration, logistical coordination including items such as selecting a date, time, and location, identifying funding sources, arranging partnerships, scheduling events and activities, and appointing a coordinating committee may be considered. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to table the item to the second meeting in October 2006, to allow the Parks and Recreation Board time to discuss and plan an event to be held in October of 2007. A vote was taken and passed 6-0 with Mayor Pro Tem Porter absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read Ordinances No.'s 2006-40 and 2006-41 into the official record. ADJOURNMENT With no further business before Council, Councilman Byboth made a motion to adjourn at 8:15 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 11, 2006 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Special Called Meeting Tuesday, July 18, 2006 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Rick White and Councilman Earl Newsom and Councilman Merrill Young. Councilman Red Byboth and Councilman Eric Hogue were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Mark Forrest representing the Murphy Road Baptist Church gave the Invocation and Councilman Young led the Pledge of Allegiance. PRESENTATIONS • Presentation by Greg Hirsch, Mayor Pro Tem, Town of Addison (prospective candidate for Regional Transportation Council (RTC), Collin County group representative) • Presentation by John Murphy, Mayor Pro Tem, City of Richardson (current Regional Transportation Council(RTC), Collin County group representative) Mayor Pro Tern Greg Hirsch, City of Addison and Mayor Pro Tern John Murphy, City of Richardson gave presentations regarding their experience and desire to be nominated as the NTCOG Regional Transportation Council (RTC) for the Collin County group representative. Minutes—July 18, 2006 Wylie City Council Page 1 REGULAR AGENDA 1. Consider, and act upon, the FY 2007 Salary Survey and Salary Plan for the City of Wylie. (M. Weatherly, Public Sector Personnel Consultants) Mr. Matt Weatherly representing Public Sector Personnel Consultants addressed Council presenting the new FY 2007 Salary Survey and Salary Plan for the City of Wylie. He explained that the survey was performed with market cities and was based on the minimum, midpoint and maximum salaries of those cities at 100% structure. He stated that the proposed plan was based on this structure rather than merit, tenure and other variables. For example definition of competitiveness is factored at 5% of the prevailing rates. We found that 81% of the benchmark job classes were 5% below the market. He explained that this was not unusual. Cities adopting structures unlike the proposed structure can get out of line over time. He commented that the Wylie base structure was behind in terms of salary offerings. Mayor Mondy asked what Mr. Weatherly meant by "structure". Mr. Weatherly replied that "structure" in most cities means a base salary containing a formal minimum, midpoint and maximum pay for each job classification with grade steps. Taking the survey cities and adding the minimum and the maximum and dividing by two gives a midpoint range where most journeyman competent performers should be. The goal should be to have employees in that middle range within a 5 to 7 year timeframe. Mayor Mondy asked if all occupations would be provided the same range salaries. Mr. Weatherly replied yes it would. He explained that the benefit package the City offered was very competitive. He explained that after meetings with individual employee focus groups, the structure was designed to put uniformed employees in a grade and step program while administrative employees would be placed in a job performance merit system. He explained that they took market data and identified salary range that's appropriate at salary classification and reviewed these ranges. We then take those salary ranges and find the midpoint within the proposed structure and compare this to the existing salary for that classification. Each classification is then brought to at least the minimum, in cases where the classification falls below the minimum (27%), we propose to adjust those salaries to minimum. Mayor Mondy asked if the 27% figure was correct. Mr. Weatherly stated that it was actually higher as the non- uniformed employees were not computed in this figure. He stated that the percentage was higher than 45% and below 50% for all employees of the City. He went on to explain that these employees would be raised 1 grade step or more to bring them to this minimum. Those that were between minimum/midpoint rates would be adjusted to the next step in the proposed Salary Plan. City Manager Roath explained to Council that the proposed employee adjustments, across the board, were an increase of 7.65% of payroll. City Manager Roath explained that this percentage could be compared to last year's salary increases of 7-8.5% depending on the uniformed, un-uniformed classification. Mayor Mondy asked what the current number of employees was. Mr. Roath replied, counting uniformed and un-uniformed employees, the total was 189 employees. Mr. Roath stated that he did not feel the City was extremely below market. He explained that if you compare last year's salary increase to the increase being proposed in this Salary Plan, they were similar. One thing we sometimes lose site of and really became obvious when several directors visited the City of Keller, during the Architect procurement process, was the City of Keller had the same comparable population and employs 330 full time employees compared to our 189. He complemented Wylie staff on the efficiency of productivity performed by Wylie employees and staff. Mr. Weatherly explained that the recommendation put forward tonight is: 1. Enact a permanent rate-related salary policy (structure) for the City. 2. Establish the City's salary competitiveness policy at 100% of the estimated prevailing rates. Minutes—July 18, 2006 Wylie City Council Page 2 3. Utilize the recommended Grade Step Salary Table (uniformed) and permanent Salary Range Table. 4. Adopt the FY 2007 base salary grade/range assignments recommended for each job classification presented. 5. Bring the salaries of all employees to the Minimum, minimum Step, or Next Nearest Step of the salary grade/range for their position's job class on the plan's effective date. 6. Adopt a one-time implementation salary increase plan to place employees closer to the prevailing rates on the basis of their current place within the salary range for their job class, and available funds for FY 2007. 7. In future plan years, administer the salary plan on a pay-for-performance basis for non- uniformed employees 8. Annually update the salary plan by reallocating job classes to different salary ranges from the Grade Step Table a Permanent Salary Range Table reflecting the varying prevailing rate movement to each job class in the marketplace. 9. Develop and implement a comprehensive program and materials to communicate the City's updated FY 2007 salary plan to all employees. Questions were answered regarding the plan by Mr. Weatherly. Mr. Roath asked Council to consider direction regarding the proposed process that was presented tonight as to concept/approach and allow staff to implement this proposed plan into the 2006-07 budget to be presented to Council at the next Regular Council Meeting. Further discussion could take place then as to total numbers in the budget and the final policy to be used in regards to the proposed salary plan. Mayor Mondy stated that he would like to see the employees that are performing the work correctly be fairly compensated, and those not performing properly dealt with. City Manager Roath replied that this is the reason he was more in favor of merit for non-uniformed personnel. I believe staff is competent enough to judge performance on the correct basis and will reward those that go above and beyond their work performance. Councilman Newsom stated that he was also in favor of a merit system but felt it should be completely put in place before implementation. He believed that to keep the City competitive, the City needed to adopt the proposed 7.65% 2006-07increases. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Porter to 1.) Accept and place in file the FY 2007 Salary Survey compiled by Public Sector Personnel Consultants and 2.) Approve in concept/approach the new Salary Plan for the City of Wylie. A vote was taken and passed 5-0 with Councilman Hogue and Councilman Byboth absent. Public Hearing 2. Conduct a Public Hearing for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm Road. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. This annexation is at the request of the property owner, Michael Hood. The property is located on the west side of F.M. 544, north of the recently approved Braddock Place development (the Rice property) and east of the Twin Minutes—July 18, 2006 Wylie City Council Page 3 Lakes Subdivision. She explained that no action other than the Public Hearing was required. The second public hearing will be held July 25, 2006 and final action is scheduled for August 22, 2006. Mayor Mondy opened the Public Hearing at 8:05 p.m. Terry Carlisle residing at 844 Twin Oaks Drive had questions regarding the amount of property to be annexed in this request for annexation. He was directed to Assistant City Manager Manson for clarification issues. Mayor Mondy closed the Public Hearing at 8:09 p.m. ADJOURNMENT With no further business before Council, Councilman Newsom made a motion to adjourn at 8:10 p.m. with Councilman White making the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 18, 2006 Wylie City Council Page 4 `YVy L I E F FI EP7 Glenn R. Meeks In appreciation of ten years of dedicated commitment and service to the citizens of Wylie and the Wylie Fire Department. 1998-2006 kr Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: B Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 17, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a petition from Herzog Development Corporation to defer the construction of the screening wall and landscaping for Phase 10C, 10D and 12 of the Woodbridge Development. Recommendation Motion to approve a petition from Herzog Development Corporation to defer the construction of the screening wall and landscaping for the Phase 10C, 10D and 12 of the Woodbridge Development. Discussion Section 6.10 A. of the City's Subdivision Regulations states: "The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare." Herzog Development Corporation has requested, per the attached letter, acceptance of the subdivision prior to construction of the screening wall. They have indicated that they will provide a letter of credit for the construction cost of the wall and landscaping. Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 Herzog Development Corporation July 13, 2006 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Screening Wall Completion for Woodbridge Phase 10C Wylie, Texas Dear Chris, The purpose of this letter is to request that the installation of the screening wall for this subdivision be delayed until after City Acceptance and recording of the Final Plat. We understand that this requires City Council approval and that the next meeting date is July 25th, 2006. Please forward this request to the City Secretary and place this item on the City Council agenda for July 25th, 2006. Thanks for your help in expediting this issue. Sincerely, Scott Ramsey Director of Development Enc. 9696 Skillman Street,Suite 210,Dallas,Texas 75243 214-348-1300 214-348-1720 fax Herzog Development Corporation July 13, 2006 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Screening Wall Completion for Woodbridge Phase 10D Wylie, Texas Dear Chris, The purpose of this letter is to request that the installation of the screening wall for this subdivision be delayed until after City Acceptance and recording of the Final Plat. We understand that this requires City Council approval and that the next meeting date is July 25th, 2006. Please forward this request to the City Secretary and place this item on the City Council agenda for July 25th, 2006. Thanks for your help in expediting this issue. Sincerely, Scott Ramsey Director of Development Enc. 9696 Skillman Street,Suite 210, Dallas,Texas 75243 214-348-1300*214-348-1720 fax Herzog Development Corporation July 13, 2006 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Screening Wall Completion for Woodbridge Phase 12 Wylie, Texas Dear Chris, The purpose of this letter is to request that the installation of the screening wall for this subdivision be delayed until after City Acceptance and recording of the Final Plat. We understand that this requires City Council approval and that the next meeting date is July 25th, 2006. Please forward this request to the City Secretary and place this item on the City Council agenda for July 25111, 2006. Thanks for your help in expediting this issue. Sincerely, Scott Ramsey Director of Development Enc. 9696 Skillman Street, Suite 210, Dallas,Texas 75243 214.348-1300 214-348-1720 fax Improvement Agreement for Woodbridge Phase 12 Page 1 of 2 Chris Hoisted From: Scott Ramsey[Scottcherzogdeveiopment.com] Sent: Friday,June 30,2006 4:48 PM To: Mindy Manson; Chris Hoisted Cc: Debby Bass Subject: Improvement Agreement for Woodbridge Phase 12 Follow Up Flag: Follow up Flag Status: Fled Attachments: Completion Items 063OO6.pdf «Completion Items 063OO6.pdf» Mindy, We have received our bids for the improvements that we will be completing after City Acceptance and are ready to prepare our guarantee for these items. We anticipate doing a letter of credit for these improvements and want to know how to structure the letter of credit to meet your requirements. The items are shown in the attached pdf file. We anticipate City Acceptance in July and appreciate your help in expediting this subdivision. Please call me to discuss. Thanks Scott Ramsey Herzog Development Corporation 9696 Skillman Street Suite 210 Dallas,Texas 75243 214-348-1300`23 214-348-1720 fax email:scoff©herzogdevel©pment.com From: Scott Ramsey Sent:Thursday, November 10, 2005 9:34 AM To: Mindy Manson (E-mail); Chris Hoisted (E-mail) Subject: Improvement Agreement for Woodbridge Phase 12 Mindy and Chris, 07/17/2006 Improvement Agreement for Woodbridge Phase 12 Page 2 of 2 We submitted our final plat and engineering plans for Woodbridge Phase 12 yesterday and request that the landscaping and screen wall for this phase be excluded from City Acceptance so that our builders can get started earlier. They currently have 115 net sales and will be out of lots in by April 1st,2006,so we need your help. The Subdivision Ordinance Section 6.2 B. and F. provides for the option to provide a letter of credit for security, and we anticipate that this will be the option that will be acceptable to our lender. We discussed this option at our meeting with you on October 6th. Please let me know what additional information you need from us to proceed with this agreement. Thanks for your help, Scott Ramsey Herzog Development Corporation 9696 Skillman Street Suite 210 Dallas,Texas 75243 214-348-1300*23 214-348-1720 fax email:scott©herzogdevelopment.com IMPORTANT: The information contained in this email message is confidential and is intended only for the named addressee(s). If the reader of this email is not an intended recipient,any re-use,dissemination,distribution or copying of this e-mail message is prohibited. If you have received this e-mail message in error,please reply to the sender that you have received this message in error and then delete it. Thank You 07/17/2006 WOODBRIDGE PHASE 12 JUNE 30,2006 COMPLETION ITEMS ITEM CONTRACTOR AMOUNT IRRIGATION A NEW DEAL $30,679.00 LANDSCAPING Johnson Turf $23,764.15 SCREENING WALL Ratliff Hardscape $49,995.00 SIDEWALK Ratliff Hardscape $16,245.00 IRON PANELS JC Ornamental $7,000.00 RETAINING WALLS Western Plains $50,531.30 TOTAL $178,214.45 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: C Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: July 6, 2006 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, Ordinance No. 2006-43 amending Section 78-72(a) of the City of Wylie Code of Ordinances to allow for the acceptance of deeds in addition to the plat dedications for dedication of park land to the City. Recommendation Motion to approve Ordinance No. 2006-43 amending Section 78-72(a) of the City of Wylie Code of Ordinances to allow for the acceptance of deeds in addition to plat dedications in accepting park land. Discussion Currently, when park land is dedicated to the City, the City receives documentation of the dedication from a developer in the form of a final plat to indicate that land was conveyed to the City. Upon review of this procedure by the City Attorney, it is recommended that Section 78-72(a) of the Code of Ordinances be amended to allow for the acceptance of deeds in addition to the plat dedications regarding the dedication of park land to the City. The use of deeds to convey park land dedications to the City would safeguard the City. The City Attorney recommends using either a warranty deed or a special warranty deed for the conveyance of park land dedications. A warranty deed has greater warranty protection and is preferable if the property owner will sign it. A special warranty deed only warrants the title as to any defects created by the owner who conveyed it to the City. Both deeds contain a joinder of lien holder on the last page. If the property has a lien on it, such as a lien for a mortgage loan, then the bank needs to release the portion of the property being conveyed to the City from the lien. If not, and the bank forecloses, the bank will get the property back, even if the City has made improvements to it. Thus far, staff has not encountered any problems with any park land dedications that have been made, and approval of the proposed amendment would provide additional protection for the City. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director City Manager MBR 07/18/06 ORDINANCE NO. 2006-43 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 78 (PARKS AND RECREATION), SECTION 78-72 (DEDICATION PROCEDURES),PARAGRAPH (a) OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, (the "City Council") has investigated and determined that Chapter 78 (Parks and Recreation), Section 78-72 (Dedication Procedures), Paragraph (a) of the City of Wylie, Texas' ("Wylie") Code of Ordinances should be amended as set forth below; and WHEREAS,the City Council finds that it will be advantageous,beneficial and in the best interest of the citizens of Wylie to amend Chapter 78 (Parks and Recreation), Section 78-72 (Dedication Procedures), Paragraph(a) Wylie's Code of Ordinances as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2:Amendment of Chapter 78(Parks and Recreation), Section 78-72(Dedication Procedures), Paragraph (a) of Wylie's Code of Ordinances. Chapter 78 (Parks and Recreation), Section 78-72 (Dedication Procedures), Paragraph (a) of Wylie's Code of Ordinances is hereby amended to read as follows: (a) Whenever a final plat is filed of record with the county clerk of Collin County, Dallas County and/or Rockwall County, Texas for development of a residential area (including single- family and multifamily residential areas) in accordance with the subdivision, planning and zoning ordinances of the city,such plat shall contain a fee simple dedication of an area of land to the city for park purposes, which area shall equal five acres for each 100 proposed dwelling units. The dedication required by this article shall be made by filing of the final plat and/or, in the city's sole discretion,contemporaneously by separate instrument in the form of a warranty deed approved by the city. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based,such additional dedication shall be required,and shall be made by payment of money in lieu of land as provided in this article or by the fee simple dedication of land to the city by separate instrument in the form of a warranty deed approved by the city,at the sole discretion of the city council. Ordinance No.2006-43 AMENDING CHAPTER 78(PARKS AND RECREATION) Page 1 SECTION 3: Penalty Provision. Any person, firm,corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Wylie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 6:Effective Date.This Ordinance shall be effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of , 2006. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication , in the Ordinance No.2006-43 AMENDING CHAPTER 78(PARKS AND RECREATION) Page 2 Message Page 1 of 1 From: Julie Fort [jfort@ABERNATHY-LAW.com] Sent: Wednesday, June 21, 2006 4:48 PM To: Mike Sferra Cc: Mark Roath Subject: Park land dedication: Request for legal opinion Attachments: ARBJ-#455349-v1-Wylie_-_Warranty_Deed_Form.DOC; ARBJ-#455486-v1- form_special_warranty_deed_for_parkdedication.DOC; ARBJ-#455479-v1- Park_dedication_ordinance_requiring_dedication_by_deed.DOC Mike, In regards to your question, it is better to obtain the property by deed than by plat because deed's contain warranty provisions in regards to the title. An ordinance is attached amending Section 78-72(a)of the Code to allow for deeds in addition to the plat dedications. Two form deeds are attached, a warranty deed and a special warranty deed. A warranty deed has greater warranty protection and is preferable if the property owner will sign it. A special warranty deed only warrants the title as to any defects created by the owner who conveyed it to you. Special warranty deeds are the most common and any educated property owner will ask for one over the general warranty deed. We usually recommend presenting the warranty deed first, but accepting the special warranty deed if the property owner insists upon it. Both deeds contain a joinder of lien holder on the last page. If the property has a lien on it, such as a lien for a mortgage loan, then the bank needs to release to portion of the property being conveyed to the City from the lien. If not and the bank forecloses, the bank will get the property back, even if the city has made improvements to it. This joinder page should be completed for each lien holder on the property. It may need slight modifications depending on the type of lien involved. If the title is free and clear with no liens, the last page should be deleted. Let me know if you have any questions or comments. Julie Y. Fort Abernathy, Roeder, Boyd &Joplin P.C. 1700 Redbud Blvd. Suite 300 McKinney, TX 75069 214-544-4000 (Main) 214-544-4039 (Direct) 214-544-4040 (Fax) jfort@abernathy-law.com file://C:\Documents and Settings\rhermes\Local Settings\Temporary Internet Files\OLK8... 07/17/2006 "Notice of Confidentiality rights: If you are a Natural Person,you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING,RETURN TO: City Manager City of Wylie,Texas 2000 Highway 78 North Wylie,Texas 75098 WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § That , a Texas ("Grantor"),whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a Texas municipal corporation ("Grantee") the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied,has this day GRANTED and by these presents does GRANT,GIVE,and CONVEY unto the said Grantee all the following described real estate, to-wit: Being acres of land, more or less, in the Survey, Abstract No. , in the City of Wylie, County,Texas,more particularly depicted and described in Exhibits "A"and"B",respectively,attached hereto and incorporated herein for all purposes (the "Property"). The warranty contained herein is subject to: (i)any and all mineral reservations,restrictions, covenants,conditions and easements,if any,relating to the above-described property,but only to the extent that they are still in effect and shown of record in County,Texas;and(ii)all zoning law regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the Property. WARRANTY DEED—Page 1 455349.v1 TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,Grantee's successors, and assigns forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, Grantee's successors and assigns,against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof. This instrument may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 200 . [type grantors name], a Texas By: [type name and title] WARRANTY DEED—Page 2 455349.v1 STATE OF TEXAS § COUNTY OF § 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 acknowledged to me that he is the and duly authorized representative of , a Texas and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 200 . Notary Public in and for the State of Texas My Commission Expires: WARRANTY DEED—Page 3 455349.v1 LIENHOLDER'S CONSENT TO PARTIAL RELEASE OF LIEN: The undersigned, being the holder(s)of the lien against a portion of the Property evidenced by: Deed of Trust dated , recorded under Clerk's File No. from , to , Trustee, securing payment of one certain promissory note of even date therewith in the principal amount of$ payable to the order of ; said Note being additionally secured by a Vendor's Lien of even date retained in Deed, executed by to , recorded under , and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by this lien, hereby consents to the execution of the foregoing Warranty Deed and agrees that in the event of a foreclosure of the Property or any portion thereof and/or the underlying property or any portion thereof (or deed in lieu thereof),the conveyance made by this deed will remain in full force and effect and shall not be extinguished by such foreclosure (or deed in lieu thereof). Bank, a By: Printed Name: Its: Address: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of ,200_,by , the and duly authorized representative of Bank, a , on behalf of said corporation. Notary Public, State of Texas PREPARED IN THE OFFICES OF: ABERNATHY,ROEDER,BOYD&JOPLIN,P.C. 1700 Redbud Blvd., Suite 300 McKinney,TX 75070 WARRANTY DEED—Page 4 455349.v1 "Notice of Confidentiality rights: If you are a Natural Person,you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING,RETURN TO: City Manager City of Wylie,Texas 2000 Highway 78 North Wylie,Texas 75098 SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § That , a Texas ("Grantor"),whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a Texas municipal corporation ("Grantee") the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied,has this day GRANTED and by these presents does GRANT,GIVE,and CONVEY unto the said Grantee all the following described real estate, to-wit: Being acres of land, more or less, in the Survey, Abstract No. , in the City of Wylie, County,Texas,more particularly depicted and described in Exhibits "A"and"B",respectively,attached hereto and incorporated herein for all purposes (the "Property"). The warranty contained herein is subject to: (i)any and all mineral reservations,restrictions, covenants,conditions and easements,if any,relating to the above-described property,but only to the extent that they are still in effect and shown of record in County,Texas;and(ii)all zoning law regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the Property. SPECIAL WARRANTY DEED—Page 1 455486.v1 TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's successors, and assigns forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, Grantee's successors and assigns,against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof, by, through or under Grantor but not otherwise. This instrument may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 200 . [type grantors name], a Texas By: [type name and title] SPECIAL WARRANTY DEED—Page 2 455486.v1 STATE OF TEXAS § COUNTY OF § 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 acknowledged to me that he is the and duly authorized representative of , a Texas and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 200 . Notary Public in and for the State of Texas My Commission Expires: SPECIAL WARRANTY DEED—Page 3 455486.v1 LIENHOLDER'S CONSENT TO PARTIAL RELEASE OF LIEN: The undersigned,being the holder(s)of the lien against a portion of the Property evidenced by: Deed of Trust dated , recorded under Clerk's File No. , from to , Trustee, securing payment of one certain promissory note of even date therewith in the principal amount of$ payable to the order of ; said Note being additionally secured by a Vendor's Lien of even date retained in Deed, executed by to , recorded under , and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by this lien, hereby consents to the execution of the foregoing Warranty Deed and agrees that in the event of a foreclosure of the Property or any portion thereof and/or the underlying property or any portion thereof (or deed in lieu thereof),the conveyance made by this deed will remain in full force and effect and shall not be extinguished by such foreclosure (or deed in lieu thereof). Bank, a By: Printed Name: Its: Address: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of ,200 ,by , the and duly authorized representative of Bank, a , on behalf of said corporation. Notary Public, State of Texas PREPARED IN THE OFFICES OF: ABERNATHY,ROEDER,BOYD&JOPLIN,P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75070 SPECIAL WARRANTY DEED—Page 4 455486.v 1 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: D Department: Fire-Rescue (City Secretary's Use Only) 100-5231-58810, 58830, Prepared By: Captain Robert Ballard Account Code: 58810; 100-4000-43512 Date Prepared: July 6, 2006 Budgeted Amount: $ 29,508.52 Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-44 amending Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) approving an appropriation of funds, in the amount of $29,508.52, for the purchase of EOC video communication equipment, EOC furniture, fees for the initial lease of Fire/EMS electronic reporting equipment, subscription to Fire/EMS software license, and department training for electronic Fire and EMS reporting technology. Recommendation Motion to approve Ordinance No. 2006-44 amending Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) in the amount of$29,508.52. Discussion The City of Wylie has received revenue from the 2005 UASI grant for EOC upgrades in the amount of $16,250.00. This amendment would authorize the purchase of equipment to enhance video communications with Collin County and other EOC's in the county during emergencies, and provide for new furniture and equipment racks for the EOC to improve efficiency and functionality. The City of Wylie Fire-Rescue Department has received revenue from the Texas Department of State Health Services Trauma Fund in the amount of$13,258.52 as a result of participation in the State and National EMS Trauma Data Reporting Program and participation with the North Central Texas Trauma Regional Advisory Council, an entity created by the Governor's Emergency Trauma Advisory Council. The funds will be used to enhance service to the citizens of Wylie by providing for more accurate patient records, improved efficiency in Quality Assurance, improved efficiency in record keeping and accounting of those records. This amendment to the FY 2005-2006 Annual Budget authorizes the City of Wylie to use these revenues as intended by the authorizing revenue sources. Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 ORDINANCE NO. 2006-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AMENDMENTS TO THE BUDGET TO ACCOUNT FOR REVENUES FROM URBAN AREA SECURITY INITIATIVE GRANT AND TEXAS DEPARTMENT OF STATE HEALTH SERVICES TRAUMA FUNDS, AND AUTHORIZING EXPENDITURE OF SAID FUNDS FOR THE PURPOSE OF PURCHASING EMERGENCY OPERATIONS CENTER COMMUNICATIONS EQUIPMENT, AND THE PURCHASE OF NEW EQUIPMENT FOR FIRE AND EMS ELECTRONIC REPORTING; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 Annual Operating Budget adopted by Ordinance No. 2005- 41 for the purpose of improving EOC communications equipment and providing for electronic reporting equipment for the Fire Department; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the purpose of accounting for revenues from grants and State funds; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 Annual Operating Budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Annual Operating Budget) is hereby amended to allow for the following appropriation: That sixteen-thousand two-hundred fifty dollars ($16,250.00) received from the 2005 UASI grant, and that six-thousand two-hundred ninety three dollars and ninety five cents ($6,293.95) received from the Texas Department of State Health Services 2005 Trauma Care System fund, and Ordinance No.2006-44 Amending 2005-2006 Budget(EOC upgrades and Fire/EMS Reporting equipment) that six-thousand nine-hundred sixty four dollars and fifty seven cents ($6,964.57) received from the Texas Department of State Health Services 2006 Trauma Care System fund be deposited into account 100-4000- 43512, (total amount of$29,508.52); and that said funds be transferred to accounts 100-5231-58810, and 58830 for added expenditures in the same total amount of$29,508.52 for EOC communications equipment and Fire/ EMS electronic reporting equipment. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of July, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date of Publication , in the Ordinance No.2006-44 Amending 2005-2006 Budget(EOC upgrades and Fire/EMS Reporting equipment) Revenue and Expense Report for Requested Budget Amendement Ordinance Number 2006-44. 2005 UASI Grant Revenue: 16,250.00 Proposed EOC Upgrades: Tandberq Gatekeeper: This device is necessary for multiple point IP based video communications. Currently, our system requires the County to connect to outside sources. This device is a high-performance, reliable, secure, and easy-to-use gatekeeper designed to complement Tandberg's infrastructure solutions. It provides firewall traversal support for multi- vendor endpoints, so that no matter what brand of video communication device is on the receiving end of a call, we can connect and have full functionality. One-Time purchase, set-up, and training cost: ($10,530.00) EOC furniture upgrades: The remainder of the UASI Grant money will be used to upgrade furniture and fixtures for the EOC. ($5,720.00) Balance: $0.00 2005 TDSHS Trauma Fund Revenue: $6,293.95 2006 TDSHS Trauma Fund Revenue: $6,964.57 Electronic Fire/EMS Reporting Technology Software Subscription: Pro-rated for 2005-2006 fiscal year: ($1,332) Initial Software License one-time cost: ($2,085) Software Interface with CAD one-time cost: ($1,995) Software interface with Defibrillators one-time cost: ($2,995) Implementation and Department Training by vendor one-time cost: ($3,207) Hardware Lease payments for remainder of fiscal year($403 per month) ($1,645) TDSHS Revenue Total: $13,258.52 Electronic Reporting Technology 2005-06 cost: ($13,259) Balance: Balance: $0.00 Total Revenue: 29,508.52 Total Expenses: ($29,509) Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 5, 2006 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-45 amending the zoning from Neighborhood Services (NS) and Agricultural (AG) District to Planned Development (PD) District to allow for mixed uses including retail and single-family residential of varied densities, generally located at the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. Recommendation Motion to accept the request of withdrawal submitted by Herzog Development Corporation. Discussion The applicant has withdrawn the request to amend the zoning per the attached letter dated July 19,2006. Applicant: Herzog Development Corporation ZC 2006-09 The subject property is located at the southeast corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. The applicant is requesting a change in zoning from Neighborhood Services (NS) and Agriculture (AG) District to Planned Development (PD) District. The subject property totals 287.68 acres and has approximately 3,500 feet of frontage along Sachse Road and approximately 1,800 feet of frontage along Pleasant Valley Road. A proposed collector street will connect the proposed development to Creek Crossing Lane, which intersects Sachse Road and serves as the primary access for Woodbridge South located to the northwest. The property was annexed into the City of Wylie in 1986. Approximately 38 acres at the corner of Sachse and Pleasant Valley Road was zoned for commercial uses in 1986. With the City-wide revisions of the Zoning Ordinance and Map in November 2001,those 38 acres were rezoned to Neighborhood Service (NS) District. The Conditions of the PD proposes to accommodate a variety of single family residential land uses and densities. Lot sizes shall range from a minimum of 7,200 square feet to 15,000 square feet. • Lots designated as SF-15.0 will be developed with a lot size of 15,000 square feet and minimum dwelling size of 2,600 square feet. Maximum of 138 units. • Lots designated as SF-13.5 will be developed with a lot size of 13,500 square feet and minimum dwelling size of 2,400 square feet. Maximum of 54 units. • Lots designated as SF-10.0 will be developed with a lot size of 10,000 square feet and minimum dwelling size of 2,200 square feet. Maximum of 76 units. Page 1 of 3 Page 2 of 3 • Lots designated as SF-7.2 will be developed with a lot size of 7,200 square feet and minimum dwelling size of 2,000 square feet. Maximum of 365 units. The total maximum number of single family residential units shall not exceed 633 units. The PD Conditions outline a minimum dwelling size adjustment where the dwelling size allowed is subject to the interest rate based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments. The dwelling size as outlined above is based on an interest rate of 6.0% or lower. In the event the Mortgage Interest Rate published on January 1st and July 1st of each calendar year is raised (see below) then adjustments will be made accordingly to the minimum dwelling size allowed in the development. 6.01%to 6.49% 6.5%to 6.99% 7.0%to 7.49% 7.5%or greater Interest Rate Interest Rate Interest Rate Interest Rate 2,600 2,500 2,400 2,300 2,400 2,300 2,200 2,100 2,200 2,150 2,100 2,050 2,000 1,950 1,900 1,850 The date of the contract for the purchase of the home shall be the effective date of any Minimum Dwelling Size Adjustment for any specific lot. According to the Conditions, the minimum dwelling size could be 1,850 square feet on fifty-seven percent(57%) of the lots. The proposal also includes office, retail and commercial service-related uses for the neighborhood residents. The commercial tract shall not exceed ten (10) acres in size. However, if the tract is not developed as commercial, it may be developed as a residential area in accordance with the permitted uses as outlined in Article 5 Use Regulations, Section 5.1 of the current Zoning Ordinance and shall also include private recreation facilities and buildings for homeowner use; real estate sales offices and model homes during the development and marketing of the residential areas; temporary buildings, advertising signs, parking lots, temporary concrete batch plants and uses incidental to construction work and sales promotions on the premises,which shall be removed upon completion. The applicant is proposing that the zoning classification of SF-15.0/26, SF-13.5/24, SF-10.0/22 and SF-7.2/20 be designated as Medium Density Residential within the Residential Districts of the existing Zoning Ordinance of the City of Wylie. The commercial tract designated as Neighborhood Service (NS) is to be developed in accordance with the development standards as defined in Article 4 Nonresidential District Regulations, Section 4.1 Commercial Districts, A. Neighborhood Service District (NS), Figure 4-1 Neighborhood Service District (NS), and Figure 4.6 Site Design Requirements of the Zoning Ordinance adopted November 2001 and Amended January 24, 2006. Prior to any development under this approved Planned Development District, a Development Plan for each phase must be submitted to the City of Wylie for approval. • The Development Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. • The Development Plan shall suffice as the site plan for nonresidential tracts or districts. • The Development Plan shall be approved by the Planning and Zoning Commission and the City Council Page 3 of 3 prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan, the Development Standards shall apply. The Park Board recommended approval of the parkland dedication for the Bruner/Grove Track Planned Development with the following stipulations: • The Developer will work to obtain permission from the appropriate utilities and easement holders verifying that a concrete trail system can be constructed within the easements being dedicated to the City. • Assure public access to the trails that are developed. • Construct approximately 4,000 linear ft of 8ft. wide concrete trail. • Provide two water taps and one sewer tap within the parkland dedication. • Provide all other minimum parkland dedications requirements i.e. clearing of unwanted vegetation In the event the City of Wylie does not accept the dedication of the land and trail systems,the land shall be deeded to the homeowner's association. The applicant proposes therefore to construct a twenty foot (20') wide easement for Trail Systems 1 and 2 that will be dedicated to the City of Wylie for public use as an integral part of the park trail system which shall meet the park dedication and any existing or future park impact fee requirements for the City of Wylie. Considerations: The Comprehensive Plan recommends the subject property be developed as low density residential consisting of lots one (1) acre or greater in size. The proposed plan as submitted does not conform to the recommendations of the Comprehensive Plan in regards to residential densities. Park land dedication as shown on Tract A and Tract B of the Conceptual Plan must be reviewed and approved by the Park Board prior to acceptance. If approved, the Mortgage Interest Rate will determine the house size which could allow a minimum dwelling size of 1,850 square feet or seventy-seven percent smaller than that required by the zoning ordinance. Notification/Responses: Twelve (12)notifications were mailed, with two (2)written responses returned favoring the request and none opposing the request at the time of posting. However, nine (9) responses located near the subject property, but outside the city limits and a petition signed by twenty-four (24) local realtors were received opposing the request. The Planning Commission considered this request during the June 6, 2006 meeting and recommended denial by a vote of 6 — 0. A super-majority vote of Council will be required to overturn the Planning Commission's recommendation. Approved By Initial Date Department Director City Manager MBR 07/19/06 HERZOG DEVELOPMENT CORPORATION 9696 SKILLMAN, SUITE 210 DALLAS, TEXAS 75243 July 19, 2006 Ms. Mindy Manson Asst. City Manager/Planning Director City of Wylie 2000 State Hwy. 78 Wylie, Texas 75098 Re: Zoning Case Number: 2006-09 Dear Ms. Manson, We are requesting withdrawal of the request for zoning for the above referenced zoning case for approximately 287 acres located at the southwest corner of Sachse/Ballard Road and Pleasant Valley. Sincerely, Aleonald P. Herzog ORDINANCE NO. 2006-45 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 2006-09, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR MIXED USES INCLUDING RETAIL AND SINGLE-FAMILY RESIDENTIAL OF VARIED DENSITIES; 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 (PD) District for mixed uses including Retail and Single-Family Residential of varied densities, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" (Concept Plan) 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. 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 day of , 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Exhibit"A" LEGAL DESCRIPTION 287.68 ACRES City of Wylie, Collin County, Texas Being a 287.68 acre tract of land situated in the Guadalupe De Santos Survey, Abstract No. 1100, City of Wylie, Collin County, Texas and the Guadalupe De Santos Survey, Abstract No. 1384, City of Wylie, Dallas County, Texas and being a part of the 118.67 acre tract of land described in deed to Grove Farm, Ltd., recorded in Volume 5317, Page 005455 of the Land Records of Collin County, Texas and Volume 2002250, Page 05070 of the Deed Records of Dallas County, Texas and being part of the 38.129 acre tract of land described in deed to Joy Grove Bruner, recorded in the Volume 555, Page 232 of the Deed Records of Collin County, Texas and being part of the 38.130 acre tract of land described in deed to Joy Grove Bruner, recorded in Volume 3535, Page 292, of the Deed Records of Collin County, Texas and Volume 91100, Page 1278, of the Deed Records of Dallas County, Texas, and being all of the 68.11 acre tract of land described as Tract 1 in deed to Southwestern Medical Foundation, recorded in Volume 93187, Page 4726, of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point for the intersection of the centerline of Sachse/Ballard Road (a variable width public right-of-way) and the centerline of Pleasant Valley Road (a 50 foot wide public right-of-way)for the most northerly corner of beforementioned 38.129 acre tract; THENCE with the centerline of said Pleasant Valley Road, South 45°09'02" East, a distance of 1034.23 feet to a point for corner; THENCE leaving the centerline of said Pleasant Valley Road with the south line of the 38.129 acre tract, the following courses and distances to wit: --South 44°51'00"West, a distance of 789.99 feet to a point for corner; --South 45°09'00" East, a distance of 214.42 feet to a point for corner; --North 44°51'00" East, a distance of 789.99 feet to a point for corner in the centerline of said Pleasant Valley Road; THENCE with the centerline of said Pleasant Valley Road, South 45°09'00" East, a distance of 803.89 feet to a point for corner at the most easterly corner of said 118.67 acre tract; THENCE with the southeasterly line of said 118.67 acre tract, South 44°52'25" West, a distance of 2444.37 feet to a point for the west corner of the 62.7846 acre tract of land described in deed to Robbins Property Company No. 2, Ltd., recorded in Volume 93187, Page 4726, of the Deed Records of Dallas County, Texas; THENCE with the southwest line of said 62.7846 acre tract, South 45°40'50" East a distance of 1578.66 feet to a point for corner in the centerline of Pleasant Valley Road; THENCE with the said centerline, the following courses and distances to wit; --South 45°49'25"West a distance of 777.56 feet to a point for corner; --South 43°32'25"West a distance of 1100.50 feet to a point for corner; --South 45°38'25" West a distance of 61.93 feet to a point for corner at the prolongation of the southwesterly line of beforementioned 68.11 acre tract of land; THENCE with the said southwesterly line, North 45°50'09" West a distance of 1590.60 feet to a point for corner in the southeasterly line of said 118.67 acre tract of land; THENCE with the said southeasterly line, South 44°52'25" West a distance of 2248.64 feet to a point for corner at the beginning of a creek that runs in a northwesterly direction; THENCE with the meanders of the creek, the following courses and distances to wit: --North 37°38'12"West, a distance of 100.20 feet to a point for corner; --North 07°56'12"West, a distance of 187.80 feet to a point for corner; --North 14°12'48"West, a distance of 132.60 feet to a point for corner; --North 10°57'12"West, a distance of 47.80 feet to a point for corner; --North 32°47'12"West, a distance of 204.37 feet to a point for corner; --North 31°43'48" East, a distance of 65.70 feet to a point for corner; --North 07°44'48" East, a distance of 131.90 feet to a point for corner; --North 14°15'12"West, a distance of 176.00 feet to a point for corner in the northwesterly line of said 118.67 acre tract; THENCE with said northwesterly line of said 118.67 acre tract, the following courses and distances to wit: --North 44°51'00" East, a distance of 1923.31 feet to a point for corner; --North 45°09'00"West, a distance of 214.40 feet to a point for corner; --North 44°50'53" East, a distance of 649.17 feet to a point for corner and being the most southerly corner of beforementioned 38.130 acre tract; THENCE with the southwesterly line of said 38.130 acre tract, North 44°40'00" West, a distance of 1049.45 feet to a point for corner in the centerline of said Sachse/BallardRoad (variable width right-of-way); THENCE with the centerline of said Sachse/Ballard Road (variable width right-of- way), North 45°05'59" East, a distance of 3484.74 feet to the POINT OF BEGINNING and containing 287.68 acres of land. .... ____ . i , \ • .,,,,,,,,,i ,. •,,....,=. 7. „„,,,r.,414,„ \ . =:rd ti. 1 ..„ .. . — •— — ! 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EEL : -1.11.4•511FP.E.•crielm a a 111.0 b..gebtf a'mow I re...Ms.,aski amt.. I ai rem, 1.......0yRodat 1 li 0, 1 ,•., Fi EXHIBIT "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (ZONING CASE 2006-09) 1.0 PLANNED DEVELOPMENT DISTRICT Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and devel- opment standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly in- consistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts of the previously ap- proved Woodbridge zoning ordinance. The allowable use of a combination of these districts provides for the enhancement and implementation of the City's vision of master planned com- munities. The use of existing creative development goals and objectives and the recent revisions to the zoning ordinance, combined with the additional flexibility provided by the use of selective enhancements allowed by the use of a Planned Development District, provide for a unique and creative addition to an existing master planned community development which has proven to be of benefit to the City as a whole. 2.0 PLANNED DEVELOPMENT DISTRICT- RESIDENTIAL DISTRICTS Single Family Residential-SF-15.0, SF-13.5,SF-10.0,and SF-7.2. 2.01 General Description: The residential tracts within this Planned Development District are intended to accommodate a variety of single family residential land uses and densities. They are designed to provide a unique life style and the amenities that are afforded those living in a large master planned com- munity. The various neighborhoods are designed to appeal to the needs of the young profes- sional,the single parent,the new and established family with children,the empty nester and the retired. Any reference within this Planned Development District Development Standards to the City of Wylie Zoning Ordinance shall be that certain City of Wylie Zoning Ordinance adopted November 11, 2001 and Amended January 24,2006. 1 • Lots designated as SF-15.0 will be developed in accordance with the development stan- dards outlined herein for Single Family 15 District(SF-15.0/26) • Lots designated as SF-13.5 will be developed in accordance with the development stan- dards outlined herein for Single Family 13.5 District(SF-13.5/24) • Lots designated as SF-10.0 will be developed in accordance with Single Family-10.0 District(SF-10.0/22). • Lots designated as SF-7.2 will be developed in accordance with the development stan- dards outlined herein for Single Family-7.2 District(SF-7.2/20). The revisions and additions to the development standards for the districts created within this Planned Development District for the tracts identified above are necessary to achieve the previ- ously stated purpose and are further outlined within these development standards. 2.02 Permitted Uses: Land uses permitted within the single family residential categories designated as SF-15.0, SF- 13.5, SF-10.0 and SF-7.2 identified on Exhibit "D"Conceptual Plan attached hereto,which are shown in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Residential Districts, as defined in the City of Wylie Zoning Ordinance are hereby revised to in- clude the following additions: • SF-15.0/26, SF-13.5/24, SF-10.0/22 and SF-7.2/20 zoning classifications are desig- nated as Medium-Density Residential within the Residential Districts of the existing Zoning Ordinance of the City of Wylie. • Private recreation facilities and buildings for homeowner use. • Real estate sales offices and model homes during the development and marketing of the residential areas. • Temporary buildings, advertising signs, parking lots,temporary concrete batch plants and uses incidental to construction work and sales promotions on the premises, which shall be removed upon completion. 2.03 Density: The maximum number of single family residential units for each residential land use designation is as follows: • SF-15.0 shall have a maximum number of 138 units. • SF-13.5 shall have a maximum number of 54 units. • SF-10.0 shall have a maximum number of 76 units. • SF-7.2 shall have a maximum number of 365 units. The total maximum number of single family residential units shall not exceed 633 units. 2.04 Single Family 15.0 District(SF-15.0/26): 2 The lots in Tracts designated as SF-15.0/26 are to be developed in accordance with the follow- ing development standards: a. Minimum Dwelling Size: The minimum area of the main building shall be two thousand six hundred(2,600)square feet, exclusive of porches, garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be fifteen thousand(15,000)square feet. c. Lot Width: The minimum width of any lot shall be eighty five(85)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of seventy five (75)feet at the building line;provided all other requirements of this section are fulfilled. d. Lot Depth: The minimum depth of any lot shall be one hundred forty(140)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred twenty five (125)feet; provided all other requirements of this section are fulfilled. Double frontage lots shall have a minimum depth of one hundred sixty(160)feet. e. Front Yard: The minimum depth of the front yard setback shall be twenty five(25)feet. f. Side Yard: The minimum side yard setback on each side of the lot shall be ten(10)feet. A side yard setback of a corner lot shall be a minimum of twenty five(25)feet. When all lots side to a street within a given block,the side yard setback on the street side shall be twenty(20)feet. g. Rear Yard: The minimum depth of the rear yard setback shall be twenty five (25)feet. h. Maximum Building Height: The maximum building height of the main structure shall be forty (40)feet. i. Maximum Accessory Structure Height: The maximum building height of any accessory build- ing shall be fourteen(14)feet. 2.05 Single Family 13.5 District(SF-13.5/24): The lots in Tracts designated as SF-13.5/24 are to be developed in accordance with the following development standards: a. Minimum Dwelling Size: The minimum area of the main building shall be two thousand four hundred(2,400) square feet, exclusive of porches, garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be thirteen thousand five hundred(13,500) square feet. c. Lot Width: The minimum width of any lot shall be eighty(80)feet at the front building line, 3 except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a mini- mum width of seventy(70)feet at the building line; provided all other requirements of this sec- tion are fulfilled. d. Lot Depth: The minimum depth of any lot shall be one hundred twenty five (125)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred fifteen(115)feet; provided all other requirements of this section are fulfilled. Double frontage lots shall have a minimum depth of one hundred forty five (145)feet. e. Front Yard: The minimum depth of the front yard setback shall be twenty five (25)feet. f. Side Yard: The minimum side yard setback on each side of the lot shall be ten(10)feet. A side yard setback of a corner lot shall be a minimum of twenty five(25)feet. When all lots side to a street within a given block,the side yard setback on the street side shall be twenty(20)feet. g. Rear Yard: The minimum depth of the rear yard setback shall be twenty five (25)feet. h. Maximum Building Height: The maximum building height of the main structure shall be forty (40)feet. i. Maximum Accessory Structure Height: The maximum building height of any accessory build- ing shall be fourteen(14)feet. 2.06 Single Family 10.0 District(SF-10.0/22): The lots in Tracts designated as SF-10.0/22 are to be developed in accordance with the following development standards: a. Minimum Dwelling Size: The minimum area of the main building shall be two thousand two hundred(2,200)square feet, exclusive of porches, garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square feet. c. Lot Width: The minimum width of any lot shall be seventy five (75)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty five (65)feet at the building line; provided all other requirements of this section are fulfilled. d. Lot Depth: The minimum depth of any lot shall be one hundred ten (110)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at midpoints on front and rear lot lines, of one hundred(100)feet;provided all other requirements of this section are fulfilled. Double frontage lots shall have a minimum depth of one hundred twenty five (125)feet. 4 e. Front Yard: The minimum depth of the front yard setback shall be twenty five (25)feet. f. Side Yard: The minimum side yard setback on each side of the lot shall be ten(10)feet. A side yard setback of a corner lot shall be a minimum of twenty five(25)feet. When all lots side to a street within a given block,the side yard setback on the street side shall be fifteen(15)feet. g. Rear Yard: The minimum depth of the rear yard setback shall be twenty five (25)feet. Dou- ble frontage lots shall have a minimum rear yard depth of one hundred twenty feet (120)feet. h. Maximum Building Height: The maximum building height of the main structure shall be forty (40)feet. i. Maximum Accessory Structure Height: The maximum building height of any accessory build- ing shall be fourteen(14)feet. 2.07 Single Family 7.2 District(SF-7.2/20): The lots in Tracts designated as SF-7.2/20 are to be developed in accordance with the following development standards: a. Minimum Dwelling Size: The minimum area of the main building shall be two thousand (2,000)square feet, exclusive of porches, garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be seven thousand two hundred(7,200) square feet. c. Lot Width: The minimum width of any lot shall be sixty(60)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a mini- mum width of fifty(50)feet at the building line;provided all other requirements of this section are fulfilled. d. Lot Depth: The minimum depth of any lot shall be one hundred ten(110)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth,measured at midpoints on front and rear lot lines, of one hundred(100)feet;provided all other requirements of this section are fulfilled. Double frontage lots shall have a minimum depth of one hundred thirty(130)feet. e. Front Yard: The minimum depth of the front yard setback shall be twenty(20)feet. f. Side Yard: The minimum side yard setback on each side of the lot shall be five (5)feet. A side yard setback of a corner lot shall be a minimum of twenty (20)feet. When all lots side to a street within a given block,the side yard setback on the street side shall be fifteen(15)feet. g. Rear Yard: The minimum depth of the rear yard setback shall be twenty(20)feet. 5 h. Maximum Building Height: The maximum building height of the main structure shall be forty (40)feet. i. Maximum Accessory Structure Height: The maximum building height of any accessory build- ing shall be fourteen(14)feet. 2.08 Minimum Dwelling Size Adjustment: The Minimum Dwelling Size requirements as shown for the SF 15.0/26, SF 13.5/24,SF-10.0/22 and SF-7.2/20 categories defmed above are subject to the following: a. The interest rate is based upon the Fannie Mae Posted Yields on 30 year Mortgage Commit- ments(priced at par for delivery within 30 days) as the "Mortgage Interest Rate" as published in the Wall Street Journal. b. The Mortgage Interest Rate for the Minimum Dwelling Size requirements as shown above is 6.0%or lower. c. The Mortgage Interest Rate will be reviewed on January 1st and July 1st of each calendar year,or if on a holiday,the first business day thereafter. In the event the Mortgage Interest Rate published on the above defmed dates is from 6.01%to 6.49%, 6.5%to 6.99%, 7.0%to 7.49%, 7.5%or greater,the Minimum Dwelling Size requirement will be adjusted in accordance with the following schedule: 6.01%to 6.49% 6.5%to 6.99% 7.0%to 7.49% 7.5%or greater Interest Rate Interest Rate Interest Rate Interest Rate 2,600 2,500 2,400 2,300 2,400 2,300 2,200 2,100 2,200 2,150 2,100 2,050 2,000 1,950 1,900 1,850 d. The date of the contract for the purchase of the home shall be the effective date of any Mini- mum Dwelling Size adjustment for any specific lot. It shall be the responsibility of the builder to provide the building inspection department with a copy of the fully executed contract for the pur- 6 chase of a home on a lot, if needed,to substantiate the date on which the contract was written for the issuance of a building permit e. In no event shall the Minimum Dwelling Size be lower than shown for the 7.5%or greater in- terest rate as shown above. f. Within three (3)business days of the Mortgage Interest Rate review date defined in(c) above, it shall be the responsibility of the developer to notify, in writing,the city building inspection department and each builder of the status of the Mortgage Interest Rate. g. It shall be the responsibility of each builder to apply for building permits on spec homes at least fourteen(14)days prior to the end of any given six(6)month period in anticipation of any potential Mortgage Interest Rate change. 4.0 PLANNED DEVELOPMENT DISTRICT- NONRESIDENTIAL DISTRICT Commercial District 4.01 General Description: The commercial tract,not to exceed 10 acres,within this Planned Development District located within the proximity of the residential land uses is intended to accommodate the development of office, retail and commercial service-related uses for the neighborhood residents. This commer- cial tract may be developed as a residential area in accordance with the permitted uses defined below. 4.02 Permitted Uses: Land uses permitted within the commercial tract when developed as a nonresidential area shown on Exhibit"D"Conceptual Plan, shall include those uses allowed in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Non-Residential Districts, Village Center, Neighborhood Services (NS)and Section 5.2 Listed Uses as defined in the Zoning Ordi- nance of the City of Wylie. Land uses permitted within the commercial tract when developed as a residential area shown on Exhibit"D"Conceptual Plan, shall be developed in accordance with Section 2.0 above. 4.03 Neighborhood Services(NS): The commercial tract designated as NS is to be developed in accordance with the development standards as defined in Article 4-Nonresidential District Regulations, Section 4.1 Commercial Districts, A. Neighborhood Services(NS), Figure 4-1 - Neighborhood Services(NS) in the Zon- ing Ordinance of the City of Wylie. 4.04 Nonresidential Design Standards: The commercial tract, when developed as Neighborhood Services (NS)shall be developed in ac- cordance with Figure 4-6 Site Design Requirements. 7 4.05 Parking Design Requirements: The parking design requirements for the width of aisles or lanes in parking lots are as fol- lows: • A one-way aisle shall be a minimum of 20 feet wide. • A two-way aisle shall be a minimum of 24 feet wide. 5.0 PLANNED DEVELOPMENT -GENERAL CONDITIONS 5.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein,this Planned Development District shall conform to any and all appli- cable articles and sections of the City of Wylie Zoning Ordinance adopted November 11,2001 and amended January 24, 2006.. 5.02 Procedures of the Planned Development District: The Zoning Exhibit, Conceptual Plan and Development are defined as follows: a. Zoning Exhibit: • The legal description of the property is hereby attached as Exhibit "A". A Zoning Ex- hibit is hereby attached as Exhibit "C" and made a part of the approval for this Planned Development District b. Conceptual Plan: • The Conceptual Plan is hereby attached and made a part of the approved Planned De- velopment District as Exhibit "D". c. Development Plan: • Prior to any development under this approved Planned Development District, a Devel- opment Plan for each phase must be submitted to the City of Wylie for approval. The Development Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. The Development Plan shall suffice as the site plan for nonresiden- tial tracts or districts. The Development Plan shall be approved by the Planning and Zoning Commission and the City Council prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan,the Development Standards shall apply. 5.03 General Compliance: Except as amended by these conditions,development of property within this Planned Develop- ment must comply with the requirements of all ordinances,rules and regulations of the City of Wylie as they presently exist as of the date that this ordinance is signed by the City of Wylie . 5.04 Street Requirements: The street shown on the attached Conceptual Plan as Creek Crossing Lane shall be developed as 8 a Collector Type D with a 60-foot right-of-way with a pavement width of 37 feet back to back of curb. All residential streets shall be developed as Residential Type E with a right-of-way of 50 feet with a pavement width of 27 feet back to back of curb. The minimum centerline radius for a Collector Type D shall be 350 feet and a Residential Type E shall be 150 feet. 5.05 Alleys: Alleys will be provided for lots developed as SF-7.2. Lots adjacent(back or side)to the perime- ter of the boundary of the property, parks, open space,flood plain or Creek Crossing Lane are not required to be developed with alleys. The right-of-way width of an alley may be reduced to fifteen(15)feet when there is a five (5) foot wide utility easement in the rear or side yard of a lot adjacent to an alley. 5.06 Hiking and Jogging Trails: The eight foot(8')wide trail shown as Trail System 1 as shown on the attached Conceptual Plan shall be an extension of the Muddy Creek Trail. A six foot(6')wide trail shown as Trail System 2 as shown on the attached Conceptual Plan shall be constructed which provides providing a connection to the Muddy Creek Trail within the Planned Development. A six foot(6')wide trail shall be constructed as shown on the attached Conceptual Plan as Trail System 3. A four foot(4')wide trail shall be constructed in the landscape buffer shown adjacent to Sachse/Ballard Road. A six foot(6')wide trail shall be constructed on one(1)side of Creek Crossing Lane from Pleas- ant Valley Road to Sachse/Ballard Road as shown on the attached Conceptual Plan as Trail Sys- tem 4. The construction of this trail shall be lieu of sidewalks on both sides of Creek Crossing Lane. In order to provide for a meandering trail,the pavement in Creek Crossing Lane shall be allowed to be offset a maximum of five feet(5')from the center of the right-of-way allowing for additional parkway along the trail. 5.07 Park Dedication: The land shown as Tract A and Tract B on the attached Conceptual Plan shall be offered for dedication to the City of Wylie as park land. This offer of dedication of this land and the installa- tion of the trail systems within these tracts shall meet the park dedication and any existing or fu- 9 ture park impact fee requirements for the City of Wylie. In the event the City of Wylie does not accept the dedication of the land and trail systems,the land shall be deeded to the homeowner's association for the development, however a twenty foot (20')wide easement for Trail Systems 1 and 2 shall be dedicated to the City of Wylie for public use as an integral part of the park trail system which shall meet the park dedication and any ex- isting or future park impact fee requirements for the City of Wylie 5.08 Detention: Detention will not be required if the storm water runoff from this property, or any portion thereof, is discharged into Muddy Creek or its tributaries. 10 kip / iti V. P I s,,4' - II rI , r I a, 3 t rI .' 40 '4:,;�,I; I oY6 I -\ -xA L Ili %,, =1 .`\\ " it III Elu N E ti ,, - /'f: _t %f -%/ 'I -- —-- I \'‘, n�A a / ' — i t � Je''' I m! ' g} ram C :----11 ,aa•BSI .x-w,oas.x ,I y,17 111 II --,-;?—• AAILW _ IIMIII :1a AC a\ i�; .- 1 4eso"I ' I ENEwis MIL. � vti 01 ! 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' 1 r• .,, \ V\. 4 • # '< \-, / / 4ite, -. -, ,'. - , ; / `•>`` ` `J •` •,\ `•� ...,` ,.•\ 1, I, y' 1. • LOCATION MAP ZONING CASE #2006-09 NOTIFICATION REPORT APPLICANT: Herzog Development Corporation APPLICATION FILE #2006-09 9696 Skillman Street #210 Dallas, Texas 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Don Herzog 9696 Skillman Street#210 1 Herzog Development Corporation Dallas, Texas 75243 9696 Skillman Street#210 0 2 Abst 660 Tract 19 R-6660-000-0190-1 Woodbridge Properties LLC Dallas, Texas 75243-8264 Wylie-FB Ltd. 3704 Normandy Avenue 0 3 Abst 1100 Tract 3 R-7100-000-0030-1 c/o Robert Bruner Dallas, Texas 75205-2105 Wylie-FB Ltd. 3704 Normandy Avenue 4 Abst 1100 Tract 1 R-7100-000-0010-1 c/o Robert Bruner Dallas, Texas 75205-2105 Wylie-FB Ltd. 3704 Normandy Avenue 5 Abst 1100 Tract 2 R-7100-000-0020-1 c/o Robert Bruner Dallas, Texas 75205-2105 6526 Brook Lake Drive 6 Abst 1100 Tract 4 R-7100-000-0040-1 Groves Farm Ltd. Dallas, Texas 75248-3915 9696 Skillman Street #210 C 7 Abst 1072 Tract 4 65107282010040000 Woodbridge Properties LLC Dallas, Texas 75243-8264 Wylie-FB Ltd. 3704 Normandy Avenue 8 Abst 1384 Tract 3 65138456510030000 c/o Robert Bruner Dallas, Texas 75205-2105 6526 Brook Lake Drive 9 Abst 1384 Tract 4 65138456510040000 Groves Farm Ltd. Dallas, Texas 75248-3915 PO Box 45708 10 Abst 1384 Tract 6 65138456510060000 Southwestern Medical Foundation Dallas, Texas 75245-0708 North Texas PO Box 2408 11 Abst 1384 Tract 13 65138456510130000 Municipal Water District Wylie, Texas 75098-2408 Dallas County 500 Main Street 12 Abst 1384 Tract 13.1 65138456510130100 Records Building Dallas, Texas 75202-3521 C ,r0g. 13 X . 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',, -:,7,:. :-•*-''',If''' s t?Ns' \\.1 ,•1•,-* • ,',i'.':-,....,,;'•;-'11,''•:t.':,-'‘ ''''''',3,,,,, ".'-'''',-•,. , ,' . -''', -„,,,,„-.4.4,;i:g.iii,' ,, f •.• -' \IQ/j%. t.'`Vi:''''''''''. ; ..."'"--'."!2:.L7-,./ -.:-1'`,".4‘i''''„I''i,":'-li'''''''. .t"fr:-'''''.7:-.'',*::;:''''-'''.''''7 •t— ,•-• ‘-'• \).., ;',.'-'''''''' ' ''',.'-'-':'?-':..',`,V '' :',‘';- .;.'.--:'''''' '''..;-::,,-,,,ii.„,•,.,,:ij4;',,PP fil\ • - A.., \ :.'re.;:: •" ' P..''''P'.:1°E" A , • „,,,,,,,..,...t.;,-, n •• • , . ▪. . ,, ••, • N.,,, .., , .., .. , . • , . • . • ., -- .. , • • . _ , , ' •.. _ , . . • . • . .., s,-- •.,F,.•,,,, --. ...,-- - -- , , , • • ,• ...-4,, ,'' -r-c• 1 - ' ,..- ,..,..,•, , .•, -. ,. .... •, , ... • , -...,,.. , .. •,., , ." .. , . ,s, . . . . . . . . • . . • . • ., ... . ... ss • . . • . . . . . . . , .. . . .. . • , . . .. . , . „ . . ., . . • i . . ... , x AGAiwsr Fo'L OWNER NOTIFICATION MA ., ZONING CASE #2006-09P ; e-,•—.,..4::n.etiii:.kb'a.:i. .1suu.s4*:.uss.u.2.wr:-...:s: E::. 4:4:14Jm:h.So.;s.�:.. _ ... ___- _. =` PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 4 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-09. • Date,Location&Time of City Council meeting: Tuesday,July 25, 2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas ' i/ / / ! Name: t�'AC/o/i ,,pf,, .i� U-c (please print)Address: C/4/9‘ ' 5, .;//Mid? _S-Ir`er/ c1,:-/-7 Z/ • / )),,f i,- /x . -2S7c Signature: / Den x ; /, Y / Date: G/ 0/z, G COMMENTS: '/ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning('asr #2006-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,June 6,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tncay,June 27,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / /..," (please print) -' Address: %Q. ILL i /ri�Gh JYu' 1// Z)0 / /a/h . /X . 7S-Z Signature: Date: , / fz'C7 COMMENTS: tic /e9f,64-7 Ce-7 �'�c f?l."t s J7 fz,"4�C )4" .,/IG'/-7 /c2 h" i,e rLy 1 v' Ate., ESL n L�� 4 417();70 d-%"�'�✓✓ 4*vi�vx/ y//Jt�"' :✓c'/7.7�,;, . ale klrUr. //3 / �ie�c�j�/rim; utill1,ci �Ct%B'+1`.1',,,,_7L G'�' ,// 1(•/4e 7l7Ev El' /7f fY/L'��vt'i��!!,r fD/,7'7 t"7y L< ,//1!C-1l1ii' -,i.)4 ivnt trjlLW—f !/lip-14:4704i7`G T c_n/;%f/?rCJlGa/:�I�I�7T L PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-09. Date,Location&Time of City Council meeting: Tuesday,July 25,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • Name: (please print) Address: . 1r / Signature; Date: • COMMENTS: : , • • PUBLIC COMMENT FORM al ease Vire or use Mark irri) Department of Planning 2000 ifighway 78 North Wylie,Texas 75098 Ian FOR the requested zoning as explained on the attached public notice fbr Zoning Case IM006-09. XI am AGAXNST the requested zoning as explained on the attached public notice for 70n1ng Case4/2006-09. Date,Location&Time of Planning&Zoning Commission meeting. Tuesday,June 6,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,I emtion&Tune of City Council meeting: Thesday,June T7,2006,6:00 pm Municipal Complex,2000 Highway 78 Not*Wylie,Texas Name: —1 0:e cS DA,(4N1 SNO NCI 1 (please pea) Address: (01+05 Re'74S 4AIT V ALLE))/rat) fr\-it...le (ix - c3nq.; Signature: / .4.1)1 '21.- -j7kl-&- Date: COMMENTS: ' 7Ztr. i.71 . 6e4,49,, ,,-,/27 41M1.-V" //la fil !le-i.ame ,s-iipetid iiii be. e 99. _rp-,44.e. /Y0 -7,9-11,Xba,e/y,S-Azet/7 f I /1/07wd_ 6,991,0,i,..1116, 'pp g-tiLdiii,he f:A-- pi./Uet-lari_. 05/30/2006 11:27 9729395256 WBKIBLER PAGE 01 PUBLIC COMMENT TORN (Pfr4.typewra,eAta kieY) Dew:mem atPLociea 20001i[ apy 72 North . Wylie,Texas 75095 tawFORMesaipeeeed mug mexpiataed CMOs atacihal public mmice$s Cue #2006-09. AIam AGAINST tAeregoemed 4 eisambkeei emtbe Mamapoblic:Index forTamtag Ceae dZW609, Date,lanatern A`Timmor pxd Commumios meether. Treeday,'June6,2006,7:00pa Maddipal Complex,2000 Wa 72 Nee Styles,Taxis DM;Lambe&Time d City Causal Teesday,Yam 27,2006,6:00pm Munielpet Complex 2000 Bitibmay 78N $ Name El etb,Wylie.TO Na fr I c in / i/(o (Please',tau Marie a: /D . t r. Ii e.I 1 s2 93 • Dam S 3 p —Db COUNTS: -3 -ef. e c- L , �1 ..r.eject l .T roc r— (41 / h�' t'e . d re. • 771 eiit Pa-4 /z. G=Leaf.. i r rli y eL3 p J j�p lj i�'Pr ; r�1P mid Cji d/I�u cif 1 jf /cor m e .ge:4 EA.)h. e-Pi A) J dui PUBLIC COMMENT FORM (Please type or sae black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098. I am FOR the requested snrune as explained on the attached public notice for Zoning Case #2006-09. I am.AGA.INST the requested zoning as explained(attire attached public notice for Zoning Case#2006-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,June 6,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time ofCity Conacil meeting: y,June 27,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name:t"5 o c4 e 5 (pgeasepr;nt) Address: 93 ,‘DA e N. 5.. � 1) aa Ix 9 Signature Date: C`J703 COMMENTS: PUBLIC COMMENT FORM (Pease type or use Mack ink,) Department of Planning 2000 Iiighway 78 North Wylie,Texas 75098 [am TOR the requested zoning ae explained on the attached public notice for Zoning Case #2006-09. I am AGAINST the guested zoning as explained on the attached public notice for Zoning Case#2006-09. Date,Location&Time of Planning&Zoning Cominission Tuesday,June 6,2006,7:00 pm Municipal Complex,2000 Riglxway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 27,2006,6:00 pm Municipal Complex,2000 Highway 78 Nord,Wylie,Texas Name: a ,' N-ety (5.71.1 % (please print} Address: e; �� Y /4q A./i;A?‘ ��2( s 7 Of 4p Sig tuner Date: 4 -/ -Qy7 COMMENTS: / A ) U /Dll/l / S "i:✓ /" c t t j � � .:;• ' ' f • u noun i/O/io:. _74 sac/ -2/ r �r�� r non commENT FORM (please vfie Or use Mack kV Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • 3 aao.WOB the requested zoning as c xpledned on the armed public notice for Zoning Case am AGAINST the requested zoning as explained ondieattachedpublic notice far Zoning Case#2006-09 Date,Location Bc Time of Planting&Zoning Tuesday,AMC 6,2006,7 00 pm Commission noett $ Municipal Codex,2000 Kenny 78 North,Wylie,Texas Date,Location&Time of City Council meeting Tuesday,June 27,2006,6:00 pm gh`n`ay 787 a'R1�.wY , R Mtutidpal Complex, later Address:, Sigtneotw'e: ,�. nett _47,b emits: KINK COMMENT FORM (,pkasease*pa or use black Ink) Deputy/um o£Planning 2000 li#ghway'78 North Wylie,Texas 75398 I eta V'OR the x rested zoning as explained on tbe attached public notice%r Zoning Case #12006.09. / Sam AGAINST the togitened zoning as a plainedan the enacted public notice fox Zoning Can#2006-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,Jose 6,2006,7:00 pm Municipal Complex,2000 pighway IS North,Wylie,Texas Date,Location&'Ti ne of City Council mooting: Tuesday,June 27,2006,6:00 pn+ 78 North,wytie.Texas Municipal Complex,2000Riglnva9 Name: 6✓ v/v� 41 � (please print) ^ GCLOfJ/19-L- • ikL'y' t E 1T . [5-0 9 Date. ✓ 4._6`z•'6 COMMENTS: Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: July 12, 2006 Budgeted Amount: Exhibits: Two Subject Conduct a Public Hearing for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located west of F.M. 544 and north of Elm Road. Recommendation Discussion This annexation is at the request of the property owner, Michael Hood. The property is located on the west side of F.M. 544, north of the recently approved Braddock Place development (the Rice property) and east of the Twin Lakes Subdivision. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with State law, staff has prepared the following public hearing schedule: Notice published for Public Hearings July 5, 2006 First Public Hearing July 18, 2006 Second Public Hearing July 25, 2006 Adoption of Ordinance August 22, 2006 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 61.26 acres SURVEY, ABSTRACT& COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. • 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. IL WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. 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I./(� .. i .`" —-------1 , • ./4i,,,' ,,7# : Cpr =` i ..I� --�; .1rhi LOCATION MAP - PROPOSED ANNEXATION Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 19, 2006 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-46 amending Planned Development 2003-01 to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. Recommendation Motion to accept the Planning Commission recommendation approving the final passage of Zoning Case 2006-08 regarding an amendment to Planned Development 2003-01 to allow for a sports complex. Discussion Owner: Woodbridge North I, Ltd. Applicant: Herzog Development Corporation ZC 2006-08 The subject property is located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. The applicant is requesting to amend Section 2.02 Permitted Uses of Planned Development 2003-01 to add Sports Complex as a permitted use. The original planned development district was adopted by Ordinance on January 14, 2003 and is a mixed-use development including varied density residential units and commercial development. The applicant is requesting that a sports complex facility be allowed on Tracts A-4 and A-3. The previously approved PD calls for the subject tracts to conform to that of Townhouse District. The proposed complex would be similar to the previously approved complex on the adjacent property(Jones Tract)to the west. This request only adds sports complex as a permitted use to the existing PD and does not alter any other uses as outlined in the approved Conditions of the Planned Development District. Allowable uses within the sports complex are as follows: Indoor athletic and swimming facilities. Outdoor athletic facilities including lighted fields. Outdoor swimming facilities. Restaurant/snack bar and free standing concession facilities w/o drive-in service. Office use. Page 1 of 2 Page 2 of 2 Notification/Responses: Twenty-six (26) notifications were mailed, with three written responses returned favoring the request and no responses opposing the request at the time of posting. The Planning Commission considered this request during the June 6, 2006 meeting and recommended approval by a vote of6-0. Approved By Initial Date Department Director City Manager MBR 07/18/06 ORDINANCE NO. 2006-46 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 2006-08, TO PLANNED DEVELOPMENT 2003-01 TO ALLOW FOR A SPORTS COMPEX; 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 2003-01 to allow for a sports compex, said property being described in Exhibit "A", Exhibit "B" (PD Conditions) and Exhibit "D" (Concept Plan)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. 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 day of , 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: ,in the Exhibit"A" Legal Description Zone Case#2006-08 BEING a tract of land situated in the W.M.Sachse Survey,Abstract No.835,in the City of Wylie,Collin County,Texas and being all of a tract of land described in a deed to B.C. Woods,as recorded in Volume 3282,Page 804 of the Deed Records of Collin County, Texas,and being more particularly described as follows: BEGINNING at a point at the southwest corner of said B.C.Woods tract,said point being the southwest corner of a tract of land described in a deed to Timothy R.Johnson, as recorded in Collin County Clerk's File#97-0066824 of the Deed Records of Collin County,Texas,said point also lies in the north line of a tract of land described in a deed to North Texas Municipal Water District,as recorded in Volume 1300,Page 809 of the Deed Records of Collin County,Texas; THENCE along a south line of said B.C.Woods tract and the north line of said North Texas Municipal Water District tract,North 88°32'56"West,a distance of 574.05 feet to a point at the southwest caner of said B.C.Woods tract,the northwest corner of North Texas Municipal Water District tract,and in the east line of a tract of land described in a deed to North Texas Municipal Water District,as recorded in Volume 2281,Page 358 of the Deed Records of Collin County,Texas; THENCE along the west line of said B.C.Woods tract,the east line of said North Texas Municipal Water District tract,North Ol°32'59"Pau,a distance of 389.36 feet to a point for corner; THENCE continuing along the west line of said B.C.Woods tract,the east line of said North Texas Municipal Water District tract,and the east line of a tract of land described in a deed to Iona H.Ingram,as recorded in Volume 826,Page 579 of the Deed Records of Collin County,Texas,North 00°32'13"East,a distance of 658.81 feet to the northwest corner of said B.C.Woods tract and the southwest corner of Regency Business Park#2, an addition to the City of Wylie,Collin County,Texas,as recorded in Cabinet G,Slide 92 of the Map Records of Collin County,Texas; THENCE along the north line of said B.C.Woods tract,the south line of said Regency Business Park#2 and the south line of a tract of land described in a deed to John P. Pennington,as recorded in Volume 2726,Page 986 of the Deed Records of Collin County,Texas,South 89°47'28"East,a distance of 2,639.30 feet to the northeast corner of said B.C.Woods tract,said point also being in the west line of a tract of land described in a deed to Birmingham Land Trust,as recorded in Volume 4194,Page 1852 of the Land Records of Collin County,Texas,said point being in Hooper Road; THENCE along Hooper Road,the east line of said B.C.Woods tract,and the west line of said Birmingham Land Trust tract,South 00°28'20"West,a distance of 798.74 feet to the southeast corner of said B.C.Woods tract and the northeast corner of said T'unothy R. Johnson tract; THENCE along the south line of said B.C.Woods tract and the north line of said Timothy R.Johnson tract,North 89°31'30"West,a distance of 2,072.08 feet to an ell corner of said B.C.Woods tract and the northwest corner of said Timothy R.Johnson tract; THENCE along the east line of said B.C.Woods tract and the west line of said Timothy R.Johnson tract,South 00°44'38"West,a distance of 27I.40 feet to the POINT OF BEGINNING and containing 51.5360 acres of land,more or less. Amendment To PD ORDNANCE 2003-01 Exhibit"B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2006-08) 2.02 Permitted Uses: The existing land uses within TH(Tracts A-3 and A-4)as shown on the attached Exhibit "D" Conceptual Plan are revised to include the following additions: d. Sports Complex including indoor/outdoor sports facilities. e. Allowable uses within a sports complex are as follows: Indoor athletic and swimming facilities. Outdoor athletic facilities including lighted fields. Outdoor swimming facilities. Restaurant/snack bar and free standing concession facilities w/o drive-in service Office use. G:\PROJECTS\Wylie\WB_North\Zoning Ordinance\Amendment To Zoning Ordinance 2003-01.doc • e, +'' WYLIE ISD S' TRACT C—t . J _ SINGLE FAMILY (SF 10.0) . SINGLE FAMILY (SF 8.5) II r... x.:_. , --,,,ILL'' TOWNHOUSE (TH) a TOWNHOUSE (TH MODIFIED) I ��� — MULTI—FAMILY (MF) i COMMERCIAL (C) J' - ! luri _ _- COMMNnaT-M Y —, .� - M — 3....2 . Sass Alb i a'. '�` I i QDDbRIDG _- "(I i anor.- CONCEPTUAL PLAN -7 IRICT \ PROPOSED CITY OF SACHSE PARK AREA r � �� 1 I -- 14...._..... "". rr MI! i SNOW MI le I 1---- I I Mien 4 ISO a�rrrr • ii!IuI ► �tlllli f i 0d iii;i uiu- • Itg1�1 1lt11t111111N►��T..,ice Ir 11111 --gr—issl ,. .. of -.- 1 dims � --_ -- �6 ;, /" /�N : - - �- �i, w__- .- i — t�- • • • • - — . ir........ / • • • • • • ram ;' LOCATION MAP ZONING CASE #2006-08 NOTIFICATION REPORT APPLICANT: Herzog Development Corporation APPLICATION FILE #2006-08 9696 Skillman Street #210 Dallas, Texas 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Don Herzog 9696 Skillman Street#210 1 Herzog Development Corporation Dallas, Texas 75243 Regency B.P #2 PO Box 5869 2 Blk C Lot 36 R-2208-00C-0360-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 3523 Hillridge 3 Blk C 37 R-2208-00C-0370-1 Joseph Earl Willis Plano, Tx 75074 Regency B.P #2 Affordable Boats 2802 Capital St 4 Blk C 38 R-2208-00C-0380-1 c/o Jim Lewis Wylie, Tx 75098-7002 Regency B.P #2 2804 Captial Street 5 BIk C 39 R-2208-00C-0390-1 Red River Construction Company Wylie, Texas 75098 Regency B.P #2 PO Box 460897 6 BIk C 40 R-2208-00C-0400-1 M L Johnson &Associates Garland, Tx 75046-0897 Regency B.P #2 PO Box 460897 7 BIk C 41 R-2208-00C-0410-1 M L Johnson &Associates Garland, Tx 75046-0897 Regency B.P #2 PO Box 5869 8 BIk C 42 R-2208-00C-0420-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 1105 E Plano Pkwy Ste 3 9 BIk C 43 R-2208-00C-0430-1 Plumlee Real Estate Plano, Tx 75074-8585 Regency B.P #2 PO Box 5869 10 Blk C 44 R-2208-00C-0440-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 1414 Shiloh Road #2013 11 BIk D Lot 3 R-2208-00D-0030-1 Sapinder Grewal Plano, Texas 75074 Regency B.P #2 1414 Shiloh Road #2013 12 Bik D 4 R-2208-00D-0040-1 Jasbir Mondair Plano, Texas 75074 Regency B.P #2 PO Box 5869 13 BIk E Lot 1 R-2208-00E-0010-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 2812 Exchange St 14 Blk E 2 R-2208-00E-0020-1 Scobilt Contractors Inc Wylie, Tx 75098-7006 Regency B.P #2 2810 Exchange Street 15 Blk E 3 R-2208-00E-0030-1 Charles Hayes Wylie, Texas 75098 Regency B.P #2 431 Lakefield Drive 16 Blk E 4 R-2208-00E-0040-1 Josh Van Slightenhorst Plano, Texas 75094 Regency B.P #2 PO Box 5869 17 Blk E 5 R-2208-00E-0050-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 PO Box 5869 18 Blk E 6 R-2208-00E-0060-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 PO Box 5869 19 BIk E 7 R-2208-00E-0070-1 Marilyn Pennington Waco Texas 76708 Regency B.P #2 3514 Bradford Drive 20 BIk E 8 R-2208-00E-0080-1 Bronson Allen Richardson, Texas 75082 Regency B.P #2 PO Box 5869 21 BIk E 9 R-2208-00E-0090-1 Marilyn Pennington Waco Texas 76708 Woodbridge North 9696 Skillman Street#210 O 22 Abst. 835 Tract 2 R-6835-000-0020-1 Development, LLC Dallas, Texas 75243 B C Wood PO Box 1042 23 Abst. 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie, Tx 75098-1042 932 Hooper Rd 24 Abst. 835 Tract 18 R-6835-000-0180-1 Timothy R Johnson Wylie, Tx 75098-7046 2700 Broadway O 25 Abst. 835 Tract 39 R-6835-000-0390-1 New Heights Baptist Church Garland, Tx 75041 9696 Skillman Street#210 a 26 Abst. 703 Tract 5 R-6703-000-0050-1 Woodbridge North I, Ltd. Dallas, Texas 75243 27 28 29 30 p=F02 X= 1\&H tsT iJE-t , I • i 1 i U ® 0 I i fr. 2 0 . , : .. ,, , , ., e mf A•835 fir. 3/ ° 3 is 7 ,r J /bri. �. g35 , r r s a� fi r~ 4 t ,, , Si, Dt1�-S id e C,• U f s i O - Foa 1 1 i = AC�4i�i5T 1 i 1 OWNER NOTIFICATION MAP ZONING CASE #2006-08 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 i../ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-08. Date,Location&Time of City Council meeting: Tuesday, July 25, 2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (4..1l4)c hrid 4-6 --#,i L7d (please print) J Address: 'yl_. (� .5���ll��i r�z C- � cc1 , 2/0 U" �F= i S 2 5 Z Signature: / Date: 4y 3 ve 4, COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-08. Date,Location&Time of City Council meeting: Tuesday, July 25, 2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �,�1,1Cr w'i rI c /�r?;�Ii C�' �i�c v�: I k/ (please prin( Address: 7‘, . S ��yr,��, r%cT �c-;4 2/0 i—)ezda - /)c - -7S Z s z Signature: / o-pz c Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-08. Date,Location&Time of City Council meeting: Tuesday,July 25,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: f7 t /o v'74'53 , 4-"A (please print)Address: : ‘fi). �/0 re" /Pal a/ Signature: C- Date: COMMENTS: Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 4 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 11, 2006 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing on the proposed Thoroughfare Impact Fees. Recommendation Discussion On June 13, 2006 City Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. The Impact Fee Advisory Committee met on June 20`"to file written comments on the proposed fees. The public hearing allows citizens and developers the chance to provide comments on the proposed capital improvements plan and thoroughfare impact fees. Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 ORDINANCE NO.: 2006-31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CONSIDER THE THOROUGHFARE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS, the City Council has previously adopted Land Use Assumptions by Ordinance No. 2006-10; and WHEREAS, the City Council desires to conduct a public hearing in regards to the Thoroughfare Capital Improvements Plan in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. NOW, THEREFORE, BE IT RESOLVED 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: Call for Public Hearing. On the 13th day of June, 2006, at 6:00 pm in the City Council Chamber of Wylie City, 2000 North Highway 78, City of Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Thoroughfare Capital Improvements Plan needed for the adoption of thoroughfare impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date for public hearing may be changed to any other date that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. SECTION 3: Notice of Hearing. The City Manager, or his designee, is hereby authorized and directed to cause notice of such hearing to be published in a newspaper in each county in which the City lies and send it by certified mail to anyone who has requested to receive Ordinance No. 2006-31 Setting Date,Time and Place for Public Hearing-Thoroughfare Capital Improvement Plan it at least thirty (30) days before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government Code and to be provided as otherwise required by law. 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. SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on May 9, 2006. JO MONDY, Mayor ATTESTED TO AND \‘‘ OF°1 N Lilo, CORRECTLY RECORDED BY: �`, ° 7 1- = C• 4 L Carole Ehrlich, Secretary ,, y(i E Date of publication in The Wylie News—May 17, 2006 Ordinance No. 2006-31 Setting Date, Time and Place for Public Hearing-Thoroughfare Capital Improvement Plan TIMELINE FOR ADOPTION OF LAND USE PLAN ("LUP")t CAPITAL IMPROVEMENTS PLAN("CIP") AND IMPACT FEES UNDER LOCAL GOVERNMENT CODE ("LGC") FOR THE CITY OF WYLIE Required Action Time Required Date Appoint capital improvements On or before the date an ordinance is Complete advisory committee. LGC adopted establishing the public hearing date 395.058 for the LUP and CIP. Adopt ordinance establishing On or after the date the capital 5/09/06 public hearing date for LUP and improvements advisory committee is CIP. LGC 395.042 appointed. Make available to the public the On or before date the Notice of Public 5/09/06 land use assumptions, time period Hearing on LUP and CIP is published. of the projections and a description of the capital improvement facilities that may be imposed. LCG 395.043 Publish Notice of Public Hearing 30 days before the date of the hearing. Must By 5/14/06 on LUP and CIP. LGC 395.044 be in a newspaper in each county in which the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Conduct Public Hearing on LUP On the date specified in the notice, which 6/13/06 and CIP. must be at least 30 days after the notice is provided. Approve or disapprove the LUP With 30 days of the date of the Public 6/13/06 and CIP. LGC 395.045 Hearing. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). Adopt resolution calling public On adoption of the LUP and CIP 6/13/06 hearing on imposition of impact fee. LGC 395.047 Publish Notice of Public Hearing 30 days before the date of the hearing. Must By 6/25/06 on the imposition of an impact fee. be in a newspaper in each county in which LCG 395.049 the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Advisory Committee must file Before the 5th business day before the date By 7/18/06 written comments on the proposed of the Public Hearing on Impact Fees. impact fees. LGC 395.050 Conduct Public Hearing on After approval of LUP and CIP and on the 7/25/06 imposition of impact fees. LGC date specified in the notice, which must be 395.047 at least 30 days after the notice is provided. Adopt ordinance imposing impact Within 30 days of the date of the public 7/25/06 fees. LGC 395.051 hearing on the imposition of impact fees. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). 438708-1 ROADWAY IMPACT FEE 2006 - 2015 FINAL DRAFT REPORT Prepared For 11. CITY OF WYLIE Prepared By BIRKHOFF,HENDRICKS & CONWAY L.L.P. & LEE ENGINEERING 7502 GREENVILLE AVENUE, #220 17440 DALLAS PARKWAY, #204 DALLAS, TEXAS 75231 DALLAS, TEXAS 75287 May 2006 FINAL DRAFT REPORT CITY OF WYLIE THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES The first step in the development impact fee process is the development of a 10-year Capital Improvement Plan (CIP). This capital improvement plan includes projects intended for construction by the City of Wylie in the next 10 years to serve existing and future development. The CIP was provided by the City of Wylie. Existing Facilities The City of Wylie arterial and major collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane(20' -40' width)asphalt roadways with open surface drainage. The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544, FM 1378, Ballard Avenue, Brown Street, and Stone Road. Several arterial roadways including SH 78, FM 544 and FM 1378 are under the operation and maintenance jurisdiction of the Texas Department of Transportation(TxDOT). Proposed Facilities The City of Wylie adopted a revised Comprehensive Plan including an updated thoroughfare plan in 2005 that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use and. The highest classification of roadway is the Principal Arterial type facility. These roadways are generally multi-lane (4 or 6 lanes) with median dividers that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining development. The character of the developments served should determine the sizes and alignments of collector roadways. City of Wylie-2006 Roadway Impact Fee Page 1 FINAL DRAFT REPORT Capital Improvement Plan for Impact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table 1 and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the project length, and estimated cost to the City. In addition,under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the CIP are identified in the City of Wylie Thoroughfare Plan. Construction costs, without the benefit of a detailed preliminary engineering study for each project, have been determined based on data provided by the City of Wylie. Financing costs for the projects in the thoroughfare CIP were also included in the total estimated cost. City of Wylie-2006 Roadway Impact Fee Page 2 FINAL DRAFT REPORT Table 1 Thoroughfare Capital Improvement Plan City of Wylie 2006 Roadway Impact Fee T PROJECT BOUNDARY PROJECT LENGTH CONSTRUCTION COST COST OF - TOTAL PROJECT COST i ARTERIAL NUMBER , FROM TO EXISTING DESCRIPTION (ft) TO THE TOWN FINANCING ELIGIBLE FOR RECOVERY t FM 1378 Wi FM 544 W Brown St 2 lanes Build a 4-lane divided section 3,500 $ 1,032,000.00 $ 650,160.00, $ 1,682,160.00 FM 1378 W2 W Brown St Parker Rd 2 lanes ' Build a 4-lane divided section 13,200 $ 9,700,000,00$ 6,111,000.00 $ 15,811,000.00 „W Brown Street W3 FM 1378 Ballard Ave 2 lanes Build a 4-lane divided section 9,500 ' $ 9,000,000.00_$ 5,670,000.00 $ 14,670,000.00 Hensley Lane W4 Hensley Hooper --- Build a 3-lane undivided section 3,100 $ 2,200,000.00 $ 1,386,000.00 $ 3,586,000.00, Lcountry Club Road W5 FM 544 Hooper --- Build a 4-lane divided section 5,500 $ 5,000,000.00_$ 3,150,000.00 $ 8,150,000.00 ;McMillen Road W6 Lewis Country Club(FM 1378) 2 lanes Realign and build a 4-lane divided section 6,000 $ 6,500,000.00� $ 4,950,000.00 $ 11,450,000.00 McCreary Road W7 FM 544 South City Limit --- Build a 4-lane divided section 3,350 $ 2,900,000,00 $ 1,827,000.00 $ 4,727,000.00 Sub Total $ 36,332,000.00 $ 23,744,160.00 $ 60,076,160.00 Alan's Drive El _Century Way i S Ballard 3 lanes Build a 4-lane divided section 4.400 $ 3,550,000.00 $ 2,236,500.00 $ 5,786,500.00 Alanla Drive E2 Twin Lakes FM 544 3 lanes Build a 4-lane divided section 2,700 $ 2,800,000.00 $ 1,638,000.00 $ 4,238,000.00 Kirby Street E3 SH 78 Birmingham_ _ 4 lanes Build a 4-lane divided section 1,400 $ 1,705,792.83 $ 1,074,649.00 $ 2,780,441.83 Stone Road E4 Birmingham S Ballard 2 lanes Build a 4-lane divided section 8,300 $ 965,000.00 $ 607,950.00 $ 1,572,950.00 Stone Road E5 _ Ballard Akin 2 lanes Build a 4-lane divided section 2,800 _$ 2,000,000.00 $ 1,260,000.00 $ 3,260,000.00 S Ballard Avenue E6 Stone Rd Alan's Dr 2 lanes Build a 4-lane divided section 3,600 $ 3,000,000.00 $ 1,890,000.00 S 4,890,000.00 I 'S Ballard Avenue E7 Alanis Dr County Line 2 lanes Build a 4-lane divided section 6,200 $ 1,070,000.00 '$ 674,100.00 $ 1,744,100.00 Stone Road E8 Alkin Vinson 2 lanes Build a 4-lane divided section 13,500 $ 10,400,000.00 $ 6,552,000.00 $ 16,952,000.00 Brown Street E9 SH 78 Stone 2 lanes Build a 4-lane divided section 11,100 $ 6,300,000.00 '$ 3,969,000.00 $ 10,269,000.00 H 78 El Eubanks Spring Creek Pkwy 2 lanes Build a 4-lane divided highway section J 3,200 $ 3,000,000,00 $ 1,890,000.00 $ 4.890.000.00 tub'fatal $ 34,590,792.83 $ 21,792,199.00 $ 56,382,991.83 Grand Total: S 70,922,792.83 1$ 95,536,359.00 I $ 116,459,151.63 I ( ,, , Ill • it 1111L— wolki aill 41 rrr - _ _ Ir 111,1r ir' r4filr-- .(141-7 ---* - , FillIF:11116'11 J Illifllll III l NM-%��(ti111 =1 �� / r all' . ./ ,411111Iiiijkil LT i_. .___ITI_.,114.1111-A ----. I74. � r-I 'rljirlr {nun cp ...diL_-. ice -� � �_ a-..r. I I�i�■ tt ,,i II f __ I—; r 1111`II }_", IJ ti t . .T' ---I I) ,., I i1- "—I/+1�II�.uli�� .' '' _ {IIIIi"�Lnnnuu — — �, /, V' Miffing J' w p INN� I��IIPl±9 lif s �Ififu "'�i/�I%l ii 1 COMM lizZ --- tilt COMMERCIAL RESIDENTIAL INDUSTRIAL INSTITUTIONAL/PUBLIC & SEMI—PUBLIC I 1 couIAERCIAL CORRIDOR 1 I LOW DENSITY RESIDENrUE I I HEAVY NDUSTRUL 1 I SCHODL/auacH/PIMUC/SE),I-a,er,c I I COMMERCIAL RETAIL I I'EDiw DEHsrrr RESIDENTIAL 1 I uc Nous-rm. I I PARK/OPEN SPACE immman,Hoo.tr:.on1..Y,u_P .I.11 noradDisiG I I NEiG7180R1400D SERVICES I I ACM DENSTrY RESIDENTUL ROODPINN OVERLAY I I DONNTDWN HISTORIC DISTRICT OYERUY FINAL DRAFT REPORT IMPACT FEE CALCULATION I. INTRODUCTION The next step of the Development Impact Fee process is the determination of the maximum fee per service unit that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period by the number of service units of growth forecast to occur. The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 4. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth. II. SERVICE UNIT To determine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation, 7th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within the City of Wylie. Table 2 shows the typical service units for each land use type. City of Wylie-2006 Roadway Impact Fee Page 5 FINAL DRAFT REPORT Table 2 Service Unit Calculation by Land Use Type City of Wylie 2006 Roadway Impact Fee Variable PM Peak Trips' Trip Length'2 Vehicle-Miles (vehicles) (miles) Residential Dwelling Unit 1.01 3.0 3.03 1 Office 1,000 ft2 1.49 3.0 4.47 1 Commercial/Retail 1,000 ft2 3.75 2.4 9.00 Industrial 1,000 ft2 0.98 3.0 2.94 i Public and Institutional 1,000 ft2 1.01 2.1 2.12 Parks and Recreational Acre 13.01 2.1 27.32 1 Based on FTE Trip Generation,7th Edition 2 Based on NCTCOG data FINAL DRAFT REPORT III. SERVICE AREAS The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (West and East) were established for the City of Wylie to ensure that funds are spent within six miles of where they are collected. The service areas include most of the developable land within the city limits of Wylie. Within Wylie, the growth and intensities of growth for the ultimate development of the City and that portion of the service area expected to occur during the 10-year period, 2006-2015, is forecast. The two service areas are shown in Figure 2. IV. ASSUMPTIONS AND EVALUATION CRITERIA Determination of the eligible costs of capital improvements to serve the forecast growth over the 10-year period, 2005-2014, was based on data provided by the City of Wylie. The basic criteria and assumptions made for this study include the following: 1. Costs of existing facilities constructed to serve new development have been included, and City of Wylie staff identified projects of this type. 2. Bond interest costs are included. 3. Street facility improvements, although necessary for additional capacity by new growth, will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for the build-out. Table 3 shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years and is used to pro-rate the identified costs in the service area. In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off site should be treated as a credit to the impact fee assessment. City of Wylie-2006 Roadway Impact Fee Page 7 ,, \ • !l F it _ [WEST : i ., ., _ _ ,,.....____?T,, ,,„_ __ . -i' .i _ 1' ram -,,_...t - y- __ ..,. ,,,,,,,, ost ... .___., _____ .______,,______ _. • .. NE .,- . _ -- , , � i -J,��r . t -r� I� �iu s iiii.`i ;';j - — 4 �►��► - �_ i 1.IIII i 1I ��iiiir- jai ,� '.turn T - . ii,...4.7'.:11.4_==,:411.1.1111-11, ,' L!j1=_.1 �. Itry4E1=---__Tri----L ___ ►Hb___ ,, , [ EAST_____,) , . , I� yam r• • II IifiiiZoim'ci. .; / I +' WYLIE ROADWAY ENACT FEE \ SERVICE AREAS 9 s , FINAL DRAFT REPORT Table 3 Summary of Vehicle - Mileage Distribution by Development Period 1 City of Wylie 2006 Roadway Impact Fee Existing 2006-2015 Year 2016-Ultimate Portion of Vehicle-Miles Portion of Vehicle-Miles Portion of Service VehiGe-Miles Ultimate Added Ultimate Added Ultimate Ultimate Area 2005 Vehicle-Miles 2006-2015 Vehicle-Miles 2016-Ultimate Vehicle-Miles Vehicle-Miles W 30,597 0.443 34,057 0.493 4,431 0.064 69,085 E 16,563 0.422 21,972 0.560 670 0.017 39,205 Total 47,160 56,029 5,100 108,289 I I FINAL DRAFT REPORT V. ELIGIBLE COSTS Table 4 presents a summary of the roadway capital improvement costs for the two service areas. The 10-year portion of the total costs was calculated using the data from Table 3. Costs of each of the individual street projects were accumulated, or apportioned, for the service area in which they were located. Boundaries of the service areas were located to be coincident with natural barriers, the center of existing or proposed street facilities included in the capital improvements plan or along city limit lines. Costs of these projects included only those costs that will be paid for by the City of Wylie. VI. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY The determination of growth of service units and resulting impact fee rates were then made. Table 5 presents the derivation of service unit equivalents for each of the six defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 presents a summary of the calculations and resulting eligible costs per service unit. Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs. The total eligible costs per service unit are shown in Table 6. These City will use a detailed financial analysis to adjust for tax credits or will use 50 percent of these eligible costs. VII. IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps. The first step is to determine the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the ten-year period. This calculation for Service Area W is summarized on page 14. City of Wylie-2006 Roadway Impact Fee Page 10 FINAL DRAFT REPORT Table 4 Summary of Capital Improvement Cost by Service Area City of Wylie 2006 Roadway Impact Fee Zone Cost of Portion of Capacity of Cost of Thoroughfare Service Area Thoroughfare Thoroughfare Attributed Attributed to Growth to Growth(2006-2015) (2006-2015) W $60,076,160.00 0.493 $29,617,546.88 E $56,382,991.83 0.560 $31,574,475.42 Totals $116,459,151.83 $61,192,022.30 FINAL DRAFT REPORT Table 5 Thoroughfare Land Use Equivalency City of Wylie 2006 Roadway Impact Fee Land Use Development Veh-Mlles/Development Unit SU Equivalency Unit (1) (2) Residential Dwelling Unit 3.03 1.00 Office 1,000 ft2 4.47 1.48 Commercial/Retail 1,000 ft2 9.00 2.97 Industrial 1,000 ft2 2.94 0.97 Public and Insitutional 1,000 ft2 2.12 0.70 Parks and Recreational 1,000 ft2 27.32 9.02 Notes: (1) Based on data from the ITE Trip Generation Manual and NCTCOG (2) Ratio of each land use to service unit of Residential , I FINAL DRAFT REPORT Table 6 Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2006 Roadway Impact Fee Cost of Thoroughfare Number of New ' Cost Per Service Area Attributed to Growth Service Units Cost Per Service Unit (2006-2015) (2006-2015) Service Unit (Rounded) W $29,617,546.88 34,057 $869.65 $869 E $31,574,475.42 21,972 $1,437.01 $1,437 Totals $61,192,022.30 56,029 FINAL DRAFT REPORT Cost of Roadway Facilities (Table 1 - Service Area W)=$60,076,160 Proportion of Capacity Attributable to New Growth(Table 3 - Service Area W)=0.493 Cost of Roadway Facilities Attributable to Growth(2006-2015 -Service Area W): $60,076,160 x 0.493 =$29,617,546.88 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next 10 years (2006-2015) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area W is: Maximum Roadway Impact Fee=Eligible Thoroughfare Cost Attributed to Growth(Table 4) Total Growth in Equivalent Service Units (Table 3) = $29,617,546.88 34,057 ESU = $869.65/ESU=$869/ESU(Service Area W) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. Impact Fee Calculation Example The land use equivalency table is provided in Table 7. This table identifies the total service units generated by specific uses within each land use category. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from Table 7 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial/retail facility) assuming an impact fee of$232.50 per service unit(50 percent of the maximum allowable impact fee)are shown page 16. City of Wylie-2006 Roadway Impact Fee Page 14 FINAL DRAFT REPORT Table 7 Land Use Equivalency City of Wylie 2006 Roadway Impact Fee , CATEGORY LAND USE DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE • • UNITS' RATE2 LENGTHS TRAFFIC` UNITS5 RESIDENTIAL Single-Family Detached Dwelling Unit 1.01 3.0 0 3.03 Apartment Dwelling Unit 0.62 3.0 0 1.86 OFFICE Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47 COMMERCIAL Convenience Stores/Gas Pumps 1,000 ft2 GFA 60.61 0.4 0.7 7.27 • Drive-In Bank 1,000 ft2 GFA 45.74 1.7 0.5 38.88 Home Improvement Store 1,000 ft2 GFA 2.45 3.0 0.2 5.88 Hotel Rooms 0.59 3.0 0 1.77 Restaurant 1,000 ft2 GFA 10.92 2.4 0.2 20.97 .• • Shopping Center 1,000 ft2 GFA 3.75 3.0 0.3 7.88 INDUSTRIAL Industrial 1,000 ft2 GFA 0.98 3.0 0 2.94 INSTITUTIONAL School Students 0.15 2.1 0 0.32 Day Care Center Students 0.82 2.7 0.9 0.22 House of Worship 1,000 ft2 GFA 0.66 2.1 0 1.39 'GFA=Gross Floor Area 2(Vehicles);Based,on ITE Trip Generation, 7th Edition 3(Miles);Based on NCTCOG Data Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Miles) 'The land uses and trip generation characteristics listed in this chart are intended as examples.The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers"Trip Generation,Seventh Edition,"which is incorporated herein by reference. FINAL L DRAFT REPOR T SINGLE-FAMILY DWELLING (Service Area W) • Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.03 Vehicle-Miles / Dwelling Unit) = 3.03 Vehicle-Miles •Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $434.50/ Service Unit: (3.03 Vehicle-Miles) x (S434.50/ Vehicle-Miles) _$ 1316.53 50,000 ft2 SHOPPING CENTER (Service Area W) • Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.88 Vehicle-Miles/ 1,000 ft2) = 394 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $434.50/ Service Unit: (394 Vehicle-Miles) x ($434.50/ Vehicle-Miles) = $ 171,193.00 City of Wylie-2006 Roadway Impact Fee Page 16 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 11, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-47 regarding Thoroughfare Impact Fees to be assessed by the City of Wylie. Recommendation Motion to approve Ordinance No. 2006-47 regarding Thoroughfare Impact Fees to be assessed by the City of Wylie. Discussion On June 13, 2006 City Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Council also approved the 10-year Capital Improvements Plan at that same meeting. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and a public hearing was conducted to receive public comments on the proposed Thoroughfare Impact Fees. The impact fee report recommends that the City be divided generally along S.H. 78, into the west and east service area. Total cost of all roadway improvements in the 10-year capital improvements plan is $116,459,151.83 of which approximately 50 percent is eligible for reimbursement through impact fees. Table 6 of the report shows the maximum calculated impact fee for the west zone to be $869 per service unit and the east zone to be $1,437 per service unit. Current impact fee legislation requires the City to reduce the maximum calculate fee by 50 percent or$434.50 for the west zone and $718.50 for the east zone. The fee assessed for a single-family residence will be $1,316.54 for the west zone and $2,177.06 for the east zone. Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 ORDINANCE NO. 2006-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE, TEXAS; ESTABLISHING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING THOROUGHFARE IMPACT FEES; AUTHORIZING THE MAYOR TO SIGN THE APPROPRIATE COMPLIANCE STATEMENT;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvement plan determining impact fees; and WHEREAS,the City council has amended the land use assumptions and adopted the capital improvement plan by Ordinance No. 2006-10 and Ordinance No. 2006-35 and desires to set the amount of the thoroughfare impact fees based thereon; and WHEREAS, the City council held a public hearing to discuss the proposed thoroughfare impact fees; and WHEREAS,the Advisory Committee, created under Section 395.058, Local Government Code, filed its written comments on the proposed thoroughfare impact fees before the fifth (5th) business day before the date of the public hearing on the amendments; and WHEREAS, within thirty(30) days after the public hearing on the proposed thoroughfare impact fees, the City Council is approving amendments as more fully set forth below; and WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, to approve the proposed thoroughfare impact fees charged per service unit; and WHEREAS,the City Council finds that it is in the best interest of the citizens of Wylie to adopt the thoroughfare impact fees. 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, including the land use assumptions and capital improvement plan adopted by Ordinance No. 2006-10 and Ordinance No. 2006-35. Ordinance No.2006-47 Thoroughfare Impact Fee Page 1 456835.v3 Article 1. Purpose. This Ordinance is intended to assure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Article 2. Definitions. Area-related facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located offsite or within or on the perimeter of the development site. Capital improvement means any thoroughfare facilities with a life expectancy of three(3)or more years that are owned and operated by or on behalf of Wylie. Capital Improvements Plan means a plan adopted by the Ordinance No. 2006-10 that identifies capital improvements or facility expansions for which impact fees may be assessed. City or Wylie means the City of Wylie, Texas. City Council means the City Council of the City of Wylie, Texas. Facility expansion means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement,in order that the existing facility may serve new development. The term does not include the repair, maintenance,modernization or expansion of an existing facility to better serve existing development. Final plat or final plat approval or approved final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released by the city for filing with Collin, Rockwall or Dallas County, whichever is appropriate. Impact fee means a charge or assessment imposed as set forth in this Ordinance against new development for thoroughfares. The term does not include: (a) Required dedications of land for public parks or payments in lieu thereof; or (b) Dedication of rights-of-way or easements or construction or dedication of onsite or off-site streets,sidewalks,or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development. Land use assumptions means a description of the service area and the projections of changes in land uses, densities, intensities, population and employment growth in the service area over at Ordinance No.2006-47 Thoroughfare Impact Fee Page 2 456835.v3 least a ten(10)year period and adopted by the city by Ordinance No. 2006-10, as may be amended from time to time, upon which the capital improvements plans are based. New development means a project involving the construction,reconstruction,redevelopment, conversion, structural alteration,relocation or enlargement of any structure,or any use or extension of the use of land, any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city's subdivision regulations,the issuance of a building permit or connection to the city's water or wastewater system, and which has not been exempted from these regulations by provisions herein or attached hereto. Installation of a larger water meter will constitute new development. Off-site means a facility or expansion that is not a Site-related facility, as defined herein. Plat shall mean a final plat as described in the city's subdivision regulations. Plat includes replat. Property owner has the same meaning as the term "applicant" in the city's subdivision regulations. Property owner includes the developer for the new development and the owner of the property. Recoup means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development. Roadway or Thoroughfare facilities means arterial or collector streets or roads that have been designated on Wylie's official adopted thoroughfare plan, together with all necessary appurtenances. The term includes, but is not limited to, Wylie's share of costs for roadways/thoroughfares and associated improvements designated on the federal or Texas highway system,including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also includes,but is not limited to,interest in land,traffic lanes,intersection improvements,traffic control devices and turn lanes associated with the roadway or street lighting. Service area means the area of the city's corporate limits,as they exist or may be altered,to be served by the capital improvements or facilities expansions specified in the capital improvements plan. Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that had been calculated in accordance with generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "Roadway Impact Fees 2006-2015",which is attached hereto as Exhibit C and incorporated by reference herein, as may be amended from time to time. Single-family residential has the meaning given the term in the city's zoning regulations. Ordinance No.2006-47 Thoroughfare Impact Fee Page 3 456835.v3 Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of thoroughfare facilities to serve the new development, and which is not included in the capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. Article 3. Applicability. The provisions of this Ordinance regarding thoroughfare impact fees apply to all new development within the corporate boundaries of the city, as they exist or may be altered. Article 4. Impact Fees Adopted for Thoroughfares. The proposed thoroughfare impact fees have been reviewed,evaluated,updated and revised. The City Council finds that the thoroughfare impact fees set forth in Exhibit A,attached hereto and incorporated for all purposes,representing fifty percent(50%)of the total projected costs,are hereby adopted and approved. Article 5. Impact fee as condition of development approval/permit issuance. No final plat for new development shall be released for filing with the appropriate county without assessment of a thoroughfare impact fee pursuant to this Ordinance. No building permit shall be issued for new development,until the property owner has paid the thoroughfare impact fee imposed by and calculated herein or a contract for payment is approved by Wylie and executed by the parties. Article 6. Assessment of thoroughfare impact fees. (a) The assessment of the thoroughfare impact fee for any new development shall be calculated and made at the time of final plat approval (as defined in Article 2). (b) Following initial assessment of the impact fee for a new development pursuant to subsection (a),the amount of the impact fee per service unit for that development cannot be increased, unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units,in which case the impact fee will be reassessed for increased or additional service units at the impact fee rate then in effect. (c) Following the lapse or expiration of a final plat that has been approved, or a final plat deemed approved due to failure of Wylie to act,a new assessment shall be performed at the time of new final plat approval in accordance with this Ordinance. Ordinance No.2006-47 Thoroughfare Impact Fee Page 4 456835.v3 Article 7. Computation and collection of impact fees. (a) The impact fees due on new development shall be collected at the time of application for a building permit,unless an agreement between the developer and the city has been executed providing for a different time of payment. (b) At the time of final plat approval,for all new developments,the city shall compute the impact fees due for the new development in the following manner: (1) The amount of each type of impact fee due shall be determined by multiplying the number of each type of service units generated by the new development by the impact fee due for each type of service unit in the applicable service area set forth in Exhibits A and/or B, respectively. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided by this Ordinance. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit in Exhibits A and/or B then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. Article 8. Credits against impact fees. (a) Any construction or contributions to or dedications of any area-related facility appearing in the capital improvements plan that is required to be constructed by a property owner as a condition of new development shall be credited against the impact fees otherwise due on that new development from the same category of impact fees assessed on the new development. (b) All credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and any additional administrative guidelines that may be adopted by the city. (1) No credit shall be given for the dedication or construction of site-related facilities. (2) No credit shall exceed an amount equal to the assessed impact fee. (3) If a credit applicable to a final plat has not been exhausted within ten(10)years from the acquisition of the first building permit issued or within such period as may otherwise be designated by contract, such credit shall lapse. (4) In no event will the city reimburse the property owner or developer for a credit when no impact fees for the new development can be collected pursuant to city ordinance or for any amount exceeding the total impact fees due for the new development for Ordinance No.2006-47 Thoroughfare Impact Fee Page 5 456835.v3 the category of capital improvement, unless otherwise agreed to by the city. (c) The available credit associated with new development shall be applied against an impact fee in the following manner: (1) For single-family residential lots in a new development consisting only of single- family residential development, such credit shall be prorated equally among such lots,to be applied at the time of application of a building permit for each lot,against impact fees to be collected at the time the building permit is issued. (2) For all other types of new development, including those involving mixed uses, the credit applicable to the new development shall be applied to the impact fee due at the time of approval. (3) At its sole discretion, the city may authorize alternative credit agreements upon written agreement with the property owner in accordance with the city's administrative guidelines. Article 9. Establishment of accounts. (a) The city shall establish an account to which interest is allocated for the service area for each type of capital facility for which an impact fee is imposed. Each impact fee collected within the service area shall be deposited in such account. (b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used only in the same manner as which the underlying funds may be used. (c) The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the accounts are utilized solely for authorized purposes. (d) The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended within the service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The city may establish a fee for copying services. Article 10. Use of proceeds of impact fee accounts. (a) The impact fees collected for the service area may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds,notes or other obligations issued Ordinance No.2006-47 Thoroughfare Impact Fee Page 6 456835.v3 by or on behalf of the city to finance such capital improvements or facility expansion. (b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: (1) Construction,acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) Repair,operation or maintenance of existing or new capital improvements or facility expansion; (3) Upgrade, update, expansion or replacement of existing capital improvements to provide better service to existing development; or (4) Administrative and operating costs of the city. Article 11. Refunds. (a) Upon application by an owner of property, any impact fee or portion thereof collected pursuant to city ordinance, which; (i)has not been expended within ten(10)years from the date of payment, or(ii)existing facilities are available and service is denied,or(iii)the city has, after collecting the impact fee when service was not available, failed to commence construction within two (2) years or service is not available within a reasonable period considering the type of improvement or expansion, but in no event later than five (5)years from the date of payment; shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity,together with interest calculated from the date of payment to the date of refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002, or its successor statute.The application for refund pursuant to this article shall be submitted within sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis. (b) An impact fee collected pursuant to this Ordinance shall also be considered expended if the total expenditures for capital improvements or facility within the service area within ten(10) years following the date of payment exceed the total fees collected within the service area for such improvements or expansions during such period. (c) If a refund is due pursuant to subsections (a) and (b), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (d) Upon completion of all the capital improvements or facility expansions identified in the Ordinance No.2006-47 Thoroughfare Impact Fee Page 7 456835.v3 capital improvements plan for the service area, the city shall recalculate the impact fee per service unit using the actual costs for the improvements or expansions. If the impact fee per service unit based on actual cost is less than the impact fee per service unit paid,the city shall refund the difference, if such difference exceeds the impact fee paid by more than ten(10) percent. If the difference is less than ten(10)percent,no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. Article 12. Updates to plan and revision of fees. (a) The city shall update its land use assumptions and capital improvements plans at least every five(5)years,commencing from the date of adoption of such plans,and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code Chapter 395 or in any successor statute. (b) The city may review its land use assumptions, impact fees,capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a)to determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly,or whether any Exhibits hereto should be changed. (c) If, at the time an update is required pursuant to subsection (a), the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code Section 395.0575 or its successor statute. (d) In addition to the reviews required by this Article, the city shall also conduct the reviews required by Article 4, Impact Fees Adopted for Thoroughfares, above. Article 13. Use of other financing mechanisms. (a) The city may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (b) Except as herein otherwise provided,the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Ordinance No.2006-47 Thoroughfare Impact Fee Page 8 456835.v3 Article 14. Impact fee as additional and supplemental regulation. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy, including but not limited to water and wastewater impact fees Such fee is intended to be consistent with and to further the policies of the city's comprehensive land use plan,the capital improvements plan,the zoning ordinance,subdivision regulations and other city policies, ordinances, codes and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Article 15. Relief procedures. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this Ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within sixty(60)days of the request.If the city council determines that the duty is required pursuant to this Ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. SECTION 3: Certificate of Compliance Statement. The Mayor is hereby authorized to sign the appropriate annual compliance statement required under Section 395.082 of the Texas Local Government Code or its successor statute acknowledging compliance with the requirements thereof. SECTION 4: Saving/Repealing Clause. All provisions of any ordinances in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance,nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its adoption. Ordinance No.2006-47 Thoroughfare Impact Fee Page 9 456835.v3 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of July, 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—August 2, 2006 Ordinance No.2006-47 Thoroughfare Impact Fee Page 10 456835.v3 Impact Fee Advisory Committee CITY:F WYLIE NOTICE OF MEETING Action Agenda Tuesday, June 20, 2006 Wylie Municipal Complex— Council Chambers 2000 Highway 78 North To begin immediately upon the conclusion of the Planning &Zoning Commission meeting which begins at 7:00 p.m. Dennis Larson Chair Joel Hemphill Board Member Dave Hennesey Board Member Jamie Gregg Board Member Eric Alexander Board Member Scott Ames Board Member Tommy Pulliam Board Member Mindy Manson Assistant City Manager/ Planning Director Renae 011ie Assistant City Planner Mary Bradley Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chair and Board 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. CONSENT AGENDA A. Consider and act upon approval of the Minutes from the February 21,2006 Meeting. June 20,2006 Impact Advisory Committee Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Evaluate proposed impact fees and related relevant information and develop written comments to file with the City regarding the proposed thoroughfare impact fees. 2. Consider and Act upon approval of written comments and direct a member of the committee to file the written comments with the City Engineer and City Manager no later than before the 5th business day before the date of the public hearing to be held by the City Council on the imposition of thoroughfare impact fees. Commmissioners approved the proposed thoroughfare impact fees with no comments or revisions. Motion carried 6—O. ADJOURNMENT CERTIFICATION I certib,that this Notice of Meeting was posted on this 16 day of June, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media 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 ORDINANCE NO. 2006-35 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ADOPTING THE THOROUGHFARE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, concerning the notice,adoption,promulgation and methodology necessary to update and adopt land use assumptions and a capital improvement plan establishing impact fees; and WHEREAS, the City council previously adopted the City's Land Use Assumptions by Ordinance No. 2006-10 within 30 days of holding a public hearing regarding the Land Use Assumptions; and WHEREAS,Wylie has adopted this Ordinance within thirty(30)days of the public hearing held by the City Council on the proposed thoroughfare capital improvement plan; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to adopt the thoroughfare capital improvement plan. 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: Capital Improvements Plan Adopted. The City Council finds that the thoroughfare capital improvements plan attached hereto as Exhibit A, and incorporated for all purposes as if fully set forth herein,is hereby adopted and approved and shall supersede any existing thoroughfare capital improvements plan. The City's Land Use Assumptions adopted by Ordinance No.2006-10 are attached hereto as Exhibit B,and incorporated as if fully set forth herein. Following adoption of this Ordinance,both Exhibit A and Exhibit B may be relied upon to call a public hearing to consider the imposition of a thoroughfare impact fee. SECTION 3:Saving/Repealing Clause. All provisions of any ordinances in conflict with this Ordinance are hereby repealed;but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance,nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Ordinance No.2006-35 Adoption of Thoroughfare CIP Page 1 SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,and phrases be declared unconstitutional. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 13th day of June,2006. J , Mon y,Mayor ATTESTED TO AND ����►►►���►��tt�,, CORRECTLY RECORDED W O..........AS TO FORM: SEAL utscit:(1 $11._ Carole Ehrlic �y ........• ATHY,RO DER,BOYD City Secretary '4, ��E,TE4,1 LIN,P.C. �����""►► ICHARD M. ABERNATHY JULIE Y.FORT City Attorneys DATE OF PUBLICATION:June 21.2006 in the Wylie News. Ordinance No.2006-35 Adoption of Thoroughfare CIP Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 6 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: July 12, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, a nomination for the Collin County group representative to serve on the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) of the Dallas/Fort Worth area. Recommendation A motion to nominate to the Regional Transportation Council (RTC) for the North Central Texas Council of Governments to represent Collin County members. Discussion The North Central Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the Regional Transportation Council is either by direct membership or group representation. Currently, the Cities of Richardson, Addison, Wylie, Sachse, and Murphy share a seat on the Regional Transportation Council (RTC). The RTC's Bylaws and Operating Procedures state that "The person representing a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum of the daytime or nighttime population of the cities/counties represented." The NCTCOG has requested that the cities deliberate on this nomination and notify NCTCOG upon completion. Presentations were made at the July 18, 2006 Called Council Meeting by the candidates wishing to be appointed or re-appointed; Greg Hirsch, Mayor Pro Tern, Town of Addison and John Murphy, Mayor Pro Tem, City of Richardson (currently representing the cities) Approved By Initial Date Department Director City Manager MBR 07/18/06 Page 1 of 1 �Trom tic l�cs c f(:� roTh`Lf,ich, '7 H,N1(: City Secretary Office Memo To: Honorable Mayor and City Cou cil From: Carole Ehrlich,TRMC, CMC 1. CC: Date: July 5,2006 Re: North Central Texas Council of Governments—RTC Group Member Cities Representative Honorable Mayor and Council, Attached is correspondence from the NCTCOG regarding the Regional Transportation Council (RTC)for the Dallas-Fort Worth Metropolitan Area. The Council (RTC) is composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan,the Transportation Improvement Program,the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the RTC is either by direct membership or group representation. Currently John Murphy, Mayor Pro Tem, City of Richardson has represented our member group since 1993. There is no indication from Mr. Murphy that he would decline serving again. If group member cities wish to nominate another representative, it would take the majority vote (by population) of the member cities (Richardson, Murphy, Addison, Sachse, and Wylie) to change the representation. Please contact my office by July 14, 2006 if you would like to nominate a different representative,so I can place this as an agenda item for consideration. If we do not respond to this request,the NCTCOG will assume we are satisfied with our representative and he will continue to serve. Also attached, per the RTC Bylaws and Operating Procedures, are the attendance records for the various representatives. Regards, Carole Ehrlich,TRMC,CMC 1 r:7 Regional Transportation Council — The Transportation Policy Body for the North Central Texas Council of Governments -_- © 4 (Metropolitan Planning Organization for the Dallas-Fort Worth Region) June 29, 2006 The Honorable Gary Slagel The Honorable Joe Chow The Honorable John Mondy Mayor Mayor Mayor City of Richardson City of Addison City of Wylie P.O. Box 830309 P.O. Box 9010 2000 Highway 78 North Richardson, TX 75083 Addison, TX 75001-9010 Wylie, TX 75098 The Honorable Mike Felix The Honorable Bret Baldwin Mayor Mayor City of Sachse City of Murphy 5560 Highway 78 206 North Murphy Road Sachse, TX 75048 Murphy, TX 75094 Dear Mayors Slagel, Chow, Mondy, Felix, and Baldwin: The North Central Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC), composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the Regional Transportation Council is either by direct membership or group representation. Currently, the Cities of Richardson, Addison, Wylie, Sachse, and Murphy share a seat on the Regional Transportation Council (RTC). The RTC's Bylaws and Operating Procedures state that'The person representing a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum of the daytime or nighttime population of the cities/counties represented." Please notify us upon completion of your deliberations. One-third of the representatives for Dallas and Fort Worth may be from the private sector; all other representatives must be public sector members from the entities they represent. A table containing population and employment figures is enclosed. Your current representative on the RTC is John Murphy, Mayor Pro Tern, City of Richardson. You may choose to keep your current representative or appoint a new representative. Please mail or fax (817/640-3028) your correspondence to Vercie Pruitt-Jenkins of NCTCOG. Please note that your designation should be confirmed in writing by all entities included in this group. P.O. Box 5888 • Arlington,Texas 76005-5888 • (817) 695-9240 • FAX (817) 640-3028 http://www.nctcog.dst.tx.us/trans Page Two June 29, 2006 As required by the RTC Bylaws, enclosed is a table containing meeting attendance from April 2005 to May 2006. This quarterly transmittal to member agencies is standard practice and not indicative of any particular problem. In addition, the Bylaws state "All RTC members must adhere to Chapter 171 of the Local Government Code and to the Code of Ethics for their respective local governments and public agencies." Please remind your representative to be cognizant of this request. Please contact Vercie Pruitt-Jenkins at 817/608-2325 if you have any questions. We look forward to hearing from you. Sinc- -I , • Cythia White Ch.ir, Regional Transportation Council Commissioner, Denton County VPJ:cm Enclosures cc: Mr. Bill Keffler, City Manager, City of Richardson Mr. Ron Whitehead, City Manager, City of Addison Mr. Mark Roath, City Manager, City of Wylie Mr. Bill Atkinson, City Manager, City of Sachse Mr. Craig W. Sherwood, City Manager, City of Murphy The Honorable John Murphy, Mayor Pro Tern, City of Richardson RTC BYLAWS - 2006 REPRESENTATION DATA City/County Population Employment Pop/Emp Maximum Collin County Plano 252,950 115,048 252,950 Allen 70,750 9,059 70,750 McKinney 103,800 26,293 103,800 Frisco 84,600 8,437 84,600 Wylie 33,000 5,144 33,000 Murphy 11,300 242 11,300 Dallas County Dallas 1,260,950 1,038,314 1,260,950 Carrollton 118,700 68,199 118,700 Garland 222,400 93,265 222,400 Irving 201,950 165,435 201,950 Mesquite 135,900 53,785 135,900 Grand Prairie 156,050 82,664 156,050 Richardson 97,300 94,792 97,300 Rowlett 53,100 7,882 53,100 Duncanville 37,800 13,761 37,800 DeSoto 47,100 16,177 47,100 Addison 14,900 45,649 45,649 Coppell 39,200 18,401 39,200 Cedar Hill 43,150 6,177 43,150 Farmers Branch 27,850 75,013 75,013 Lancaster 33,550 13,119 33,550 University Park 23,250 9,012 23,250 Balch Springs 19,600 5,921 19,600 Seagoville 12,550 4,690 12,550 Sachse 17,300 1,504 17,300 Highland Park 8,750 2,405 8,750 Glenn Heights 10,500 721 10,500 Denton County Denton 100,950 58,581 100,950 Lewisville 89,100 37,145 89,100 Flower Mound 61,550 5,130 61,550 The Colony 38,400 3,510 38,400 Highland Village 14,450 1,065 14,450 Corinth 18,550 2,213 18,550 Trophy Club 7,250 568 7,250 Lake Dallas 6,800 1,683 6,800 Little Elm 19,900 672 19,900 RTC BYLAWS - 2006 REPRESENTATION DATA City/County Population Employment Pop/Emp Maximum Tarrant County Fort Worth 661,850 449,793 661,850 Arlington 363,050 140,947 363,050 N. Richland Hills 63,500 20,980 63,500 Bedford 48,600 23,380 48,600 Euless 52,900 18,403 52,900 Hurst 38,300 19,123 38,300 Grapevine 45,600 49,565 49,565 Haltom City 39,450 16,063 39,450 Mansfield 49,000 8,292 49,000 Benbrook 22,350 4,464 22,350 Watauga 24,100 2,430 24,100 Keller 36,350 2,578 36,350 Southlake 25,350 6,125 25,350 Colleyville 21,700 4,965 21,700 Forest Hill 11,750 3,351 11,750 White Settlement 15,750 5,303 15,750 Saginaw 18,400 5,831 18,400 Azle 10,450 3,619 10,450 Crowley 10,300 2,320 10,300 River Oaks 7,050 1,443 7,050 Everman 5,800 1,480 5,800 Kennedale 6,150 2,720 6,150 Richland Hills 8,300 7,965 8,300 Ellis County minus cities of 67,972 14,558 67,972 Ennis 18,300 11,049 18,300 Waxahachie 26,700 16,045 26,700 Midlothian 12,800 4,032 12,800 Red Oak 7,750 1,715 7,750 Johnson County minus cities of 62,931 19,126 62,931 Burleson 30,300 5,139 30,300 Cleburne 29,400 16,249 29,400 Keene 6,050 1,370 6,050 Rockwall County minus city of 39,300 7,873 39,300 Rockwall 29,500 9,692 29,500 Kaufman County minus city of 17,725 4,322 17,725 Forney 10,200 1,444 10,200 Parker County 19,373 5,399 19,373 REGIONAL TRANSPORTATION COUNCIL ATTENDANCE ROSTER April 2005—May 2006 RTC MEMBERS 4/14 5/12 6/9 , 7/14 9/8 10/13 11/10 1/12 2/9 3/9 4/13 5/11 Terri Adkisson (3/05) P P P P P P P P P P P P Bill Blaydes (7/05) -- -- -- P A P P P P A P A Ron Brown (2/93) P P P P P P P P R(1) P P P Dorothy Burton (6/06) -- -- -- -- -- -- -- -- -- Sheri Capehart(6/06) -- -- -- -- -- -- -- -- -- -- -- -- Maribel Chavez(1/02) P P R(1) R(1) P P P R(1) P P P R(1) Jan Collmer(10/05) -- -- -- -- -- (1) P P P R(1) P R(1) Wendy Davis (3/00) P P P P P P P P P P P P Bob Day(9/02) P P P P P P P P P P P P Maurine Dickey(4/05) P , P R(1) R(1) (1) P P P P P P R(1) Charles Emery(4/04) P P R(1) P P P P P P P P R(1) Herbert Gears (7/05) -- -- -- P R(1) A P R(1) P R(1) (4) R(1) Paul Geisel (11/04) P P P R(1) P P P P P P P P Bill Hale (11/03) P P R(1) R(1) RR1) P P P P P P P Roger Harmon (1/02) PP A P P P P P P (1) P (1) Jack Hatchell (10/90) . P P P . P P P P P P P P R(1) John Heiman, Jr. (2/94) P P P P P P P P P P P P Kathleen Hicks (10/05) -- , -- -- -- -- P P P A P P A Ron Jensen (6/03) P P R(1) P P P P P P P P P Scott Johnson (2/06) -- -- -- -- -- , -- P P P R(1) Pete Kamp (7/04) (1) P P (1) P P P P P P P P Linda Koop (7/05) -- -- -- P P P P P P P P P Kenneth Mayfield (2/95) R(1) R(1) R(1) R(1) R(1) R(3) P R(1) P P P R(1) Becky Miller(5/05) -- P R(1) R(1) P R(1) P P P P P P Jack Miller(10/02) P P P P R(1) R(1) P A P P P P Rich Morgan (01/04) P P P P P P P P P P P P John Murphy(7/93) P P A R(1) P (1) (1) P P• P P P Mel Neuman (5/05) -- P P P P P P P P P P P Mike Nowels (3/00) A P P P A P (1) P P P P R(1) Ed Oakley(11/03) P P P R(1) P P P P P P P (1) Chuck Silcox(12/98) A P P P P P P P P P P P John Tatum (11/02) P A• P A P (1) P P P P P P Maxine Thornton-Reese (9/99) (1) (1) A R(1) P P (1) P (1) P (3) P Oscar Trevino(6/02) P P P P P P P R(1) P P P P Carl Tyson (1/00) R(1) P P P P P P P P P P P Marti VanRavenswaay(2/97) R(1) R(1) P P (1) P P P A R(1) R(1) P Cynthia White(10/02) P (3) P P P P P P P R(1) P P Bill Whitfield (6/03) P P R(1) P (1) P (1) P P P P P B. Glen Whitley(2/97) P P R(1) R(1) P P P P P P P R(1) Kathryn Wilemon (6/03) P P P P P P P P P P P P P=PRESENT A=ABSENT (1) Local Government Business Conflict R=REPRESENTED --=NOT YET APPOINTED .(2) Jury Duty (3) Personal Illness NOTE: Date in parenthesis indicates when member was first eligible to attend RTC meetings. (4) Family Emergency RTC Membership COG 2005 Employment Houshold Maximum Vote Addison 45,649 14,900 45,649 22.3% Murphy 242 11,300 11.300 5.5% Richardson 94,792 97.300 97,300 47.6% Sachse 1,504 17,300 17,300 8.5% Wylie 5,144 33,000 33,000 16.1% Total 204,549 100.0% RTC Bylaws pertaining to membership: The person representing a group of several cities shell be selected by the mayors using a weighted vote of the maximum of the daytime or nightlme population of the cities represented,and the person selected shall serve a two-year term beginning in June of even-numbered years and shall be serving on one of the governing bodies they represent. The appointing bodies are encouraged to select members in common for the RTC and the NCTCOG Executive Board. n,,,,itri„rai nunnw s1Kni4 4n fHAAH1S 894L6Zt L6 XVJ 69 L1 900Z/bl/L0 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 7 Department: City Attorney (City Secretary's Use Only) Prepared By: Mark Roath for Julie Fort Account Code: Date Prepared: July 17, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. Recommendation Motion to approve Ordinance No. 2006-42 establishing a Code of Ethics. Discussion On June 13, 2006, Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie. As such, the City Attorney's Office has drafted, and then revised, the attached Ordinance on ethics for Council consideration and possible action. Approved By Initial Date Department Director City Manager MBR 07/18/2006 Page lof1 ORDINANCE NO. 2006-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; 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 of Wylie desires for all of its citizens to have confidence in the integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Officials. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. PART A: DECLARATION OF POLICY SECTION 1:STATEMENT OF PURPOSE It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise Official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. The Wylie City Council adopts this Code of Ethics in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. The Code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to City Officials. The Code also covers others whose actions inevitably affect public faith in City government, such as former City Officials, candidates for public office, and persons doing business with the City. By prohibiting conduct incompatible with the City's best interests and minimizing the risk of any appearance of impropriety, this Code of Ethics will further the legitimate interests of democracy. SECTION 2:DEFINITIONS As used in this Code of Ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply: Affiliated. Business entities are "Affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent Business Entity. Code of Ethics Ordinance Page 1 of 15 456644.v3 Affinity. Relationship by "Affinity" is defined in Sections 573.024 and 573.025 of the Texas Government Code. (See Attachments "A"and `B") Before the City. Representation or appearance "Before the City" means before the City Council or a Board, commission, or other City entity. Board. A Board, commission, or committee: (1) Which is established by City Ordinance, City Charter, inter-local contract between the City and another Party, or state law; or (2) Any part of whose membership is appointed by the City Council, but does not include a Board, commission, or committee that is the governing body of a separate political subdivision of the state. (3) The Wylie Economic Development Corporation is considered a Board for the purpose of this Code. Business Entity. "Business Entity" means a sole proprietorship, partnership, firm, corporation, limited liability company, holding company, joint-stock company, receivership, trust, unincorporated association, or any other business entity recognized by law. Code of Ethics. "Code of Ethics," "Ethics Code," or "this Code" means Parts A through H of this Ordinance. Confidential Government Information. "Confidential Government Information" is all information held by the City that is not available to the public under the Public Information Act, (Chapter 552, Local Government Code ("the Act")) and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, (Chapter 551, Local Government Code) regardless of whether disclosure violates the Act and/or the Texas Open Meetings Act. City. "City" means the City of Wylie, Texas. Consanguinity. Relationship by "Consanguinity" is defined in Sections 573.022 and 573.023 of the Texas Government Code. (See Attachment "B") Discretionary Contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a qualified bid basis. Economic Interest. "Economic Interest" is legal or equitable property interests in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an Economic Interest in the property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City. Code of Ethics Ordinance Page 2 of 15 456644.v3 Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an Economic Interest in such securities or other assets unless the person in question participates in the management of the fund. Gift. A voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor as quid pro quo. Indirect Ownership. A person "indirectly owns" an equity interest in a Business Entity where the interest is held through a series of business entities, some of which own interests in others. Matter. Matter is defined as the events or circumstances of a particular situation. Official. The term "Official" or "City Official" is defined as the following persons: (1) The Mayor (2) Members of the City Council (3) Municipal Court Judges and Magistrates (4) The City Manager (5) The Assistant City Manager (6) The City Secretary (7) Members of the temporary or standing, current or future Boards, Commissions, Governing Bodies, and Boards of Directors when those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in their entirety or partially by the City Council of the City. Official Action. "Official Action" is defined as: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, a City Official's duties, and (2) any failure to act, if the City Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the City Official or any person related to the City Official in the first degree by consanguinity or affinity (See Attachment "B"). Official Information. "Official Information" is information gathered pursuant to the power or authority of City. Partner. "Partner" is defined as partners in general partnerships, limited partnerships, limited liability partnerships,joint ventures, and any other partnership allowed by law. Personally and Substantially Participated. The requirement of having "personally and substantially participated" in a Matter is met only if the individual in fact exercised discretion Code of Ethics Ordinance Page 3 of 15 456644.v3 relating to the Matter. The fact that the person had responsibility for a Matter does not by itself establish that the person "personally and substantially participated" in the Matter. Representation. "Representation" is defined as all forms of communication and personal appearances in which a person, not acting in performance of Official duties, formally or informally, serves as an advocate for private interests, regardless of whether the Representation is compensated. Lobbying, even on an informal basis, is a form of Representation. Representation does not include appearance as a fact witness in litigation or other Official proceedings. Solicitation. "Solicitation" of subsequent employment or business opportunities is defined as all forms of proposals and negotiations relating thereto. SECTION 3: WORDING INTERPRETATION The gender of the wording throughout this Ordinance shall always be interpreted to mean either sex. All singular words shall include the plural, and all plural words shall include the singular. All references to the laws of the State of Texas or the Home Rule Charter, Ordinances, or Resolutions of the City of Wylie Texas shall mean "as presently enacted or hereafter amended". PART B: PRESENT CITY OFFICIALS SECTION 1:IMPROPER ECONOMIC BENEFIT (a) General Rule. City Officials shall comply with Chapter 171 of the Local Government Code regarding conflicts of interest. (b) Affidavit and Abstention from Voting Required. City Officials shall comply with Chapter 171 of the Local Government Code regarding Affidavits and Abstention from Voting. SECTION 2: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process. (b) Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the "interest"), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. (2) Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. Code of Ethics Ordinance Page 4 of 15 456644.v3 (3) Appointment of Relatives/Anti-Nepotism. A City Official shall not nominate, appoint or vote to nominate or appoint any person to a paid position with the City who is related to the City Official within the third degree of Consanguinity or second degree by Affinity. (4) In any land Matter which comes Before the City Council, Planning and Zoning Commission, or Board of Adjustments and in which any member of the City Council or aforementioned Boards and commissions has a financial interest in any property within two hundred feet (200') of the Matter before it, such member shall disclose the existence of the interest by filing a statement with the record keeper. The member of the City Council, Planning and Zoning Commission, or Board of adjustments may speak on the item and, thereafter, leave the room. In addition, any state law provision regarding a conflict of interest shall also be followed and to the extent of any conflict between this Paragraph and state law, state law shall control. It is the intention of this provision that the term "land matter" shall be interpreted broadly to include zoning,permit requests, variances, etc. (5) No City Council member who is on the Board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a Board of directors or trustees appointed in whole or in part by the City Council. (c) Recusal and Disclosure. A City Official whose conduct would otherwise violate Part B, Section 2(b)(3) shall openly declare that he/she must be recused based upon the Anti- Nepotism provisions and such City Official shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 3: GIFTS (a) General Rule. A City Official shall not solicit, accept, or agree to accept any Gift or benefit having a total aggregate value more than $250 over a consecutive 6 month period from the same person or entity. (b) Special Applications. Subsection (a) does not include: (1) a Gift to a City Official relating to a special occasion, such as a wedding; anniversary, graduation, birth, illness, death, or holiday, provided that the value of the Gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) reimbursement of reasonable expenses for travel authorized in accordance with City policies; (3) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion; Code of Ethics Ordinance Page 5 of 15 456644.v3 (4) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; or (6) admission to an event in which the City Official is participating in connection with Official duties; (7) lawful campaign contributions; (8) attending social functions, ground breakings, or civic events pertinent to the public relations and operations of the City; (9) exchanging Gifts with his family and relatives; (10) exchanging Gifts at church functions or City parties or functions where only City Officials and their employees are invited or attended; (11) exchanging Gifts or receiving a bonus from their place of full-time employment; (12) meals for the City Official, and the City Official's spouse, paid for by another party; or (13) participation in charitable events where the ticket price, entry fee or the like is waived for the City Official and/or the City Official's spouse. (c) Gifts to Closely Related Persons. A City Official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of Consanguinity or Affinity (see Attachment "B') not to solicit, accept, or agree to accept any Gift or benefit which would violate Subsection(a) if the Official solicited, accepted, or agreed to accept it. SECTION 4: CONFIDENTIAL INFORMATION (a) Improper Access. A City Official shall not use his position to secure Official Information about any person or entity for any purpose other than the performance of Official responsibilities. (b) Improper Disclosure or Use. A City Official shall not disclose Confidential Government Information or use such information to further or impede anyone's personal interests. This rule does not prohibit: (1) any disclosure or use that is authorized or required by law; (2) the confidential reporting of illegal or unethical conduct to authorities designated by law. Code of Ethics Ordinance Page 6 of 15 456644.v3 SECTIONS:REPRESENTATION OF PRIVATE INTERESTS (a) Representation by a Member of the Board. A City Official who is a member of a City Board shall not serve as a representative before that Board or body any person, group, or entity. (b) Representation before the City. A City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the City. (c) Representation in Litigation Adverse to the City. (1) Salaried Officials. A salaried City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City. (2) Non-Salaried Officials. A non-salaried Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to interests of the City and the matter is substantially related to the non-salaried Official's duties to the City. SECTION 6:PUBLIC PROPERTY AND RESOURCES A City Official shall not use, request, or permit the use of City facilities, personnel, equipment, or supplies for private purposes, except: (a) pursuant to duly adopted City policies, or (b) to the extent and according to the terms that those resources are lawfully available to the public. SECTION 7:POLITICAL ACTIVITY Limitations on the political activities of City Officials are imposed by state law, the City Charter, and City personnel rules. In addition,the following ethical restrictions apply: (a) Influencing Subordinates. A City Official shall not, directly or indirectly, induce or attempt to induce any subordinate of the Official: (1) to participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue, or (2) to refrain from engaging in any lawful political activity, except activities prohibited by the City Charter. Code of Ethics Ordinance Page 7 of 15 456644.v3 (b) Paid Campaigning. A City Official shall not accept anything of value, directly or indirectly, for political activity relating to an item pending on the ballot, if he participated in, or provided advice relating to, the exercise of discretionary authority by the City Council or a Board that contributed to the development of the ballot item. (c) Official Vehicles. A City Official shall not display or fail to remove campaign materials on any City vehicle under his control. Limitations on the use of public property and resources for political purposes are imposed by Part B, Section 6. A City Official may not spend or authorize the spending of public funds or use or authorize the use of public property for "political advertising", as that term is defined in the Texas Election Code, as it exists or may be amended. A general statement merely encouraging another person to vote does not violate this rule. SECTION 8:ACTIONS OF OTHERS (a) Violations by Other City Officials. A City Official shall not knowingly assist or induce, or attempt to assist or induce, another City Official to violate any provision in this Code of Ethics. (b) Using Others to Engage in Forbidden Conduct. A City Official shall not violate the provisions of this Code of Ethics through the acts of another. SECTION 9:INTERACTION WITH CITY STAFF (a) City Council members' and Board Members' interaction with the City Manager or staff must recognize the lack of authority in any individual City Council member, Board Member or group of City Council members or Board Members, except when explicitly authorized by the City Council or Board. (b) City Council members and Board Members will not make public individual judgments of the performance of the City Manager, his staff, the City Secretary, or the Municipal Judge except as authorized by City policy, ordinance, or the City Charter. (c) City Council members and Board Members may not attempt to coerce or intimidate City Employees, interfere with City Employees' duties, or otherwise circumvent the authority of the City Manager. Communications that are not in violation of this Section are permitted. SECTION 10: CITY COUNCIL INTERACTION WITH GENERAL PUBLIC City Council members' and Board Members' interaction with public, press or other entities must recognize the same limitation as expressed in Part B, Section 9 and the inability of any City Council member or Board Member or group of City Council members or Board Members to speak for the City Council or Board except when explicitly authorized by the City Council, that Board, or the City Charter. Code of Ethics Ordinance Page 8 of 15 456644.v3 PART C: FORMER CITY OFFICIALS SECTION 1: CONTINUING CONFIDENTIALITY A former City Official shall not use or disclose Confidential Government Information acquired during service as a City Official. This rule does not prohibit: (a) any disclosure or use that is authorized or required by law; or (b) the confidential reporting of illegal or unethical conduct to authorities designated by law. SECTION 2:SUBSEQUENT REPRESENTATION (a) Representation by a Former Board Member. A person who was a member of a Board shall not represent before that Board any person, group, or entity for a period of six (6) months after the termination of his Official duties. (b) Representation Before the City. A former City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the City for a period of six (6) months after termination of his Official duties, unless hired by the City under the authority granted within the City Charter. (c) Representation in Litigation Adverse to the City. A former City Official shall not, absent consent from the City, represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City and the Matter is one in which the former City Official "Personally and Substantially Participated" prior to termination of his Official duties. SECTION 3:DISCRETIONARY CONTRACTS (a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within one (1) year of the termination of Official duties, a former City Council member shall not have a financial interest, direct or indirect, in any contract with the City, and shall not be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service. Any violation of this Section, with the knowledge, expressed or implied, of the individual or Business Entity contracting with the City Council shall render the contract involved voidable by the City Manager or the City Council. A former City Council member has a prohibited "financial interest" in a contract with the City, or in the sale to the City of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: (1) the former City Council member; (2) his/her parent, child, stepchild, or spouse; Code of Ethics Ordinance Page 9 of 15 456644.v3 (3) a Business Entity in which the former City Council member directly or indirectly owns: (A)ten(10)percent or more of the voting stock or shares of the Business Entity, or (B)ten(10) percent or more of the fair market value of the Business Entity; or (4) a Business Entity of which any individual or entity listed in Part C, Section 3(a)(1) or 3(a)(3) is: (A)a subcontractor on a City contract; or (B)an Affiliated business or Partner. (b) Prior Participation in Negotiation or Awarding. A former City Council member may not, within one (1) year of the termination of Official duties, perform work on a compensated basis relating to a Discretionary Contract, if he "Personally and Substantially Participated" in the negotiation or awarding of the contract. (c) Definitions. For purposes of Part C, Section 3(a) of this rule: (1) A "former City Council member" is any person who, immediately prior to termination of Official duties, was the Mayor or a member of the City Council. (2) The term "contract" means any contract other than a contract for the personal services of the former City Council member. (3) The term "service" means any services other than the personal services of the former City Council member. PART D: PERSONS DOING BUSINESS WITH THE CITY SECTION 1:PERSONS SEEKING CONTRACTS (a) Disclosure of Parties, Owners, and Closely Related Persons. An individual or Business Entity seeking a contract from the City is required to complete the Conflict of Interest Questionnaire required by Chapter 176 of the Local Government Code. (b) Political Contributions. Any individual or Business Entity seeking a Discretionary Contract from the City must disclose, on a form provided by the City, all political contributions totaling two hundred fifty dollars ($250) or more within the past twenty-four (24) months made directly or indirectly to any member of City Council, or to any political action committee that contributes to City Council elections, by any individual or Business Entity whose identity must be disclosed under Part D, Section 1(a). Indirect contributions by an entity include, but are not limited to, contributions made through the officers or owners of the Business Entity. Code of Ethics Ordinance Page 10 of 15 456644.v3 (c) Briefing Papers and Open Records. Briefing papers prepared for the City concerning any proposed Discretionary Contract shall reveal the information disclosed in compliance with Part D, Sections 1(a) and 1(b), and that information shall constitute an open record available to the public. PART E: MEMBERS OF THE PUBLIC AND OTHERS Part E applies to current and former City Officials, persons doing business with the City, and lobbyists, as well as to members of the public and any other person (including business entities and nonprofit entities). SECTION 1:FORMS OF RESPONSIBILITY No person shall induce,attempt to induce, conspire with, aid or assist, or attempt to aid or assist another person to engage in conduct violative of the obligations imposed by this ethics code. PART F: ETHICS REVIEW PROCESS SECTION 1:DEFINITIONS As used in Part F, the term "ethics laws" is defined as this Code of Ethics, Article XI, Section 5 of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. The term "ethical violation" is defined as violations of any of these enactments. SECTION 2: COMPLAINTS (a) Filing. Any person who believes that there has been a violation of the ethics laws may file a sworn Complaint with the City Secretary. The "Complaint" shall: (1) identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the Complaint is based; (3) to the extent possible, identify the rule or rules allegedly violated; and (4) be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. The complainant may also recommend other sources of evidence that the Investigator (as defined below) should consider and may request a hearing. (b) Confidentiality. No City Official shall reveal information relating to the filing or processing of a Complaint except as required for the performance of Official duties. All papers relating to a pending Complaint are confidential. (c) Notification. A copy of a Complaint meeting Part F, Section 2(a) shall be promptly forwarded by the City Secretary to the City Attorney and to the person charged in the Complaint. The person charged in the Complaint shall also be provided with a copy of the ethics rules and shall be informed: Code of Ethics Ordinance Page 11 of 15 456644.v3 (1) that, within fourteen (14) days of receipt of the Complaint, he may file a sworn response with the City Secretary; (2) that failure to file a response does not preclude the City Attorney from selecting an Investigator to process the Complaint; (3) that a copy of any response filed by the person charged in the Complaint will be provided by the City Secretary to the complainant, who may within seven (7) days respond by sworn writing filed with the City Secretary, a copy of which shall be provided by the City Secretary to the person charged in the Complaint; (4) that the person charged in the Complaint may request a hearing; and (5) that City Officials have a duty to cooperate with the City Attorney, pursuant to Part F, Section 3 of this Code. (d) Assistance. The City Secretary shall provide information to persons who inquire about the process for filing a Complaint. SECTION 3:PROCEDURE FOR COMPLAINTS AGAINST CITY OFFICIALS Within three (3) business days after receipt, it shall be the duty of the City Attorney to select a third party attorney who does not perform legal work for the City to conduct the investigation (the "Investigator") on behalf of the City and notify the City Council, City Manager and the person charged in the Complaint of the Investigator selected. The City Council shall approve or reject an Investigator selected by the City Attorney at its next meeting for which there is time to post the item on the agenda as required by law. If the City Council rejects an Investigator, the City Attorney shall select another one in accordance with this Section. Within (3) business days after being approved as the Investigator by the City Council, the Investigator shall make the initial determination/evaluation of the Complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of this Code. If it is determined by the Investigator that the facts as alleged would not constitute a violation, then in accordance with the notice requirements of the Texas Open Meetings Act, the Investigator shall present a written report describing in detail the nature of the Complaint and the findings of the Investigator to the City Council at its next regularly scheduled meeting. A majority of those City Council members not implicated by the allegation(s) may either invoke the investigatory procedure contained herein or reject the Complaint. Any vote to reject the Complaint shall be in a public hearing called for that purpose. If it is determined by the Investigator that the facts as alleged could constitute a violation of this Code, then the Investigator shall, within three (3) business days after receipt of the Complaint, notify the Mayor and City Council of the existence and nature of the Complaint. The Mayor or any three (3) members of the City Council may cause a meeting of the City Council to convene, whether regular or special, within seven (7) business days after being so notified by the Investigator to further consider said Complaint in Executive Session and/or an Open Meeting. At said meeting, the Investigator shall present an initial written report ("Initial Report") to the City Council describing in detail the nature of the Complaint and his findings and conclusions as to a possible violation of this Code. The Investigator shall have all of the powers of investigation as is given to the City Council by reason of Article III, Section 15 of the City Charter. The Investigator shall report back to the City Council in writing as soon as possible but in no event Code of Ethics Ordinance Page 12 of 15 456644.v3 more than fifteen (15) calendar days from the day of the Initial Report or twenty-one (21) days from the day the appointment of the Investigator was approved by the City Council, whichever is later. Said report shall be comprehensive in support of the Investigator's opinion as to whether or not a violation of this Code occurred. The City Council shall consider the findings of said report at the meeting at which it is presented at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his behalf. No final action, decision, or vote with regard to any matter shall be made except in a meeting which is open to the public. PART G: ENFORCEMENT MECHANISMS In addition to other remedies provided by law, any one or more of the following remedies may be imposed upon a City Official with respect to violations of this Code of Ethics. If it has been determined that a City Council member has violated a provision of this Code of Ethics, the City Council member who is in violation shall not participate in decisions regarding any penalty(ies) to be imposed under this Part G and said Council Member shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 1:DISCIPLINARY ACTION City Officials who engage in conduct that violates this Code may be notified, warned, reprimanded, suspended, or removed from office or employment by the City Council. SECTION 2: CIVIL FINE Any person, whether or not a City Official, who violates any provision of this Code of Ethics is subject to a fine not exceeding five hundred dollars ($500.00), such amount to be determined by the City Council. SECTION 3:PROSECUTION FOR PERJURY Any person who files a false sworn Complaint under Part F, Section 2(a) of this Code is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 4: VOIDING OR RATIFICATION OF CONTRACT If an Ethics Review finds that there has been a violation of any provision in Sections 1 through 10 of Part B; Sections 1 through 3 of Part C; Part D; or Part E that is related to the awarding of a contract, the City Council must vote on whether to ratify or void the contract. Such action shall not affect the imposition of any penalty or remedy contained in this Code of Ethics or any other law. SECTION 5:DISQUALIFICATION FROM CONTRACTING (a) Any person (including business entities and non-profit entities) who intentionally or knowingly violates any provision of Part D (Persons Doing Business with the City) may be prohibited by the City Council from entering into any contract with the City for a period not to exceed three (3) years. Code of Ethics Ordinance Page 13 of 15 456644.v3 (b) It is a violation of this Code of Ethics: (1) for a person prohibited from entering into a contract with the City to enter, or attempt to enter, into a contract with the City during the period of disqualification from contracting; or (2) for a City Official to knowingly assist a violation of Part G, Section 5. (c) Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public, according to the same terms. (d) A Business Entity or nonprofit entity may be disqualified from contracting based on the conduct of an employee or agent, if the conduct occurred within the scope of the employment or agency. PART H: ADMINISTRATIVE PROVISIONS SECTION 1: OTHER OBLIGATIONS This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. SECTION 2:EFFECTIVE DATE This Code of Ethics shall take effect on , 2006, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. SECTION 3:DISTRIBUTION AND TRAINING (a) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. Code of Ethics Ordinance Page 14 of 15 456644.v3 (b) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. SECTION 4:SEVERABILITY If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. READ, CONSIDERED, PASSED AND APPROVED by the City of Wylie, Texas, on this the day of July, 2006. John Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary Code of Ethics Ordinance Page 15 of 15 456644.v3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 8 Department: City Council (City Secretary's Use Only) Prepared By: Mark Roath for John Mondy Account Code: Date Prepared: July 18, 2006 Budgeted Amount: Exhibits: Four Subject Consider, and act upon, authorizing the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality (TCEQ) and allocating an amount not to exceed $ Recommendation Motion to (approve/disapprove) authorizing the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the TCEQ and allocating an amount not to exceed $ Discussion Attached hereto is an e-mail from Mr. John Mondy, including a memorandum from Ms. Laura Miller, Mayor for the City of Dallas, regarding Mayor Miller's request that the City of Wylie participate in the intervention of the permitting process before TCEQ and seeking a monetary contribution. In addition, attached hereto is a response from Mr. Bill Atkinson, City Manager for the City of Sachse, regarding their willingness to consider cost sharing in this endeavor. By telephone on July 18, 2006, Mr. Craig Sherwood, City Manager for the City of Murphy, indicated that Murphy did not want to participate. Approved By Initial Date Department Director City Manager MBR 07/18/2006 Page 1 of 1 Page 1 of 1 Mark Roath From: John Mondy [Mondyjs@msn.com] Sent: Thursday, July 06, 2006 3:45 PM To: Mark Roath Subject: Fw: URGENT REQUEST TO TEXAS MAYORS Attachments: Coal Plant White Paper.doc; oledata.mso; Coal Plants Miller Letter.doc; Coal Plants Miller Letter.doc Send this out to Council. Post it on the next agenda as a action itm to either support or not to suppport. Jm Original Message From: Miller, Laura Sent: Thursday, July 06, 2006 1:28 PM Cc: Librio, Frank Subject: URGENT REQUEST TO TEXAS MAYORS 07/06/2006 To: URGENT REQUEST TO TEXAS MAYORS From: Dallas Mayor Laura Miller Re: Proposed new Texas coal plants Last Friday, Mayor Robert Cluck of Arlington held a meeting with a group of Texas mayors at UT-Arlington The purpose of the meeting was to organize a new group called Texas Cities for Climate Protection, with the help of a national group called ICLEI—Local Governments for Sustainability USA, based in California. We received presentations on global warming, Best Practices for cities on various environmental issues, and an issue overview from Richard Greene, Regional Director of the EPA. One urgent issue we discussed is the current request by seven different electric utility companies to build 17 coal-burning power plants in Texas. As you know, the Texas Commission on Environmental Quality(TCEQ) is currently reviewing the utility companies' permit requests to build these plants. The environmental consequence of building coal-burning plants has become a national , issue. In Texas, according to environmental groups engaged in the issue, the 17 additional coal plants would add 30,000 tons of nitrogen oxides, over 115 million tons of CO(2), and nearly 4,000 pounds of toxic mercury each year. I have begun calling all of you on this email list to ask you to band together, as a group of concerned Texas cities, to intervene on this case before the TCEQ. There is one opportunity to do this, which will occur in the next 90 days when the TCEQ opens up the permit process for a second round of public comment. (The first round of public comment has already occurred, and while the City of Dallas provided comments to TCEQ about its concerns, we did not formally intervene in the case.) Formal intervention means providing the TCEQ with thoughtful alternatives, expert testimony, and sworn depositions of fact. This can be done, with the help of outside consultants who do this for a living, at an estimated cost of$300,000 to $500,000. It's important to stress here that WE ARE NOT ASKING THE STATE TO DENY THE PERMITS. We know that the utility companies need to provide more electricity for people, and we know that they need to build more power plants to do that. But there are companies outside Texas that are using more modern, cleaner technologies than coal- burning to do it. And we would simply like to research this thoroughly and present all the alternatives to the TCEQ for its consideration. (Coal gasification, for example, is the cleanest technology available and could cut emissions by 60-90 percent, yet in a December ruling the TCEQ said Texas utility companies do not have to consider this option.) What I am asking in this email is for your city to agree to participate in a formal intervention as a group. Our goal is to get 40 cities to act jointly as one intervener, with each city's participation level at $10,000 each to cover the cost. Mayor Bill White of Houston has agreed to spearhead this effort. The City of Dallas and the City of Houston will do the upfront legwork and organizational work, including the hiring of the consultants on behalf of the group. We anticipate that each city would pay the consultants directly, once we establish the total cost (an individual city's cost is capped at $10,000, but if more money is needed, we would appeal to the state's 10 largest cities for additional help). We would like to have the 40 cities (or more, which would bring down everyone's cost share)committed by the end of July(at the latest) so that we can move quickly should the TCEQ open up another comment period that would enable us to intervene. This is a complicated, sensitive topic, and we need to prepare. Attached is a short white paper summarizing the issue. It was prepared by the Dallas City Attorney's Office. Many of you I reached by phone today said you had City Council meetings next week, or the week after—please post an item for discussion on this topic, and get us an answer. Houston and Dallas are committed and ready to proceed. So far none of you has said no. We appreciate that. Most of the proposed coal plants are in East Texas. With established wind patterns, those emissions are headed straight for North Texas, especially the six counties around DFW. How can DFW, which is a significant non-attainment area,possibly clean up the air when 17 new coal-burning power plants are on the drawing board and the smoke headed our way? But this is not simply a North Texas/East Texas problem. Our air is your air. And as we now know from the significant climate changes we are seeing around the globe, we are __ all in this together. And our constituents are worried. At the worst, the TCEQ will approve the permits as submitted. But at least our voices would have been heard during this process, and with any luck, we might just get some of these plants upgraded to a cleaner technology. We will also be organized, statewide, for the first time on environmental issues—and ready to speak with one voice in the next battle,no matter where it is in Texas. Three facts to remember: • 17 of 124 coal-fired plants planned in the U.S. propose to use gasification (none in Texas) • In Texas, power plants emit more pollution than chemical and refining plants combined. • Texas power plants contribute a full 10 percent of the total mercury admissions in the U.S. (Mercury is a toxic heavy metal which can cause neurological damage, particularly in developing fetuses, infants, and children.) Let's band together and let our constituents know we are concerned about their health and welfare. Please email or call my Chief of Staff, Frank Librio, no later than July 31 and let us know if you are willing to join this first effort of the Texas Citizens for Climate Protection. frank.librio(c�dallascityhall.com or call 214-670-0773 Thank you. Laura Miller Mayor Coal Plants Briefing: • The Texas Commission on Environmental Quality (TCEQ) reports that there are 17 coal burning power plants awaiting approval. Because these applications involve areas that already are in clean air attainment or unclassified areas, the TCEQ will provide a second comment period, during which cities can intervene as affected parties in the permitting process. Cities will have a chance to intervene in most of these proceedings in August or September at the earliest. • There are two main issues with the permit applications: o First, currently the applications are considered on an individual (versus a cumulative basis) under the TCEQ's interpretation of its own rules. Without a cumulative analysis, the TCEQ lacks the necessary information to assess the true impact of the plants on cities throughout Texas. Intervenors in the permitting process could attempt to convince the TCEQ to adopt standards that recognize the cumulative effect of multiple plants on air quality. o Second,the standard for Best Available Control Technology(BACT)is not clear. The BACT standard is what the applicant must satisfy to get the permit. Many groups and interested persons would like to have coal gasification considered as the BACT, however, the TCEQ has declined to require this technology for purposes of the BACT standard. While coal gasification may be cleaner, many of the applicants argue that it is not proven in their type of operations. Even if they are correct(and they may be), there may be other available technologies that these coal burning power plants could employ. However, because these technologies are often specific to the type of operation itself and the type of coal used in the particular plant, these are difficult to determine without an extensive evaluation by an expert in the coal plant process. Intervening cities could seek to have the TCEQ require the applicants to make those evaluations. • The cost of intervention can vary. It is necessary for a potential affected party to establish itself as such. If the affected party status is contested by the permit applicant, the potential affected party would likely have to refute the "affect" of the permit on their area using experts and modeling. This would likely cost $15,000 to $20,000. It is likely that some of the modeling could be used in contesting multiple permits in geographically similar regions. If the hearings become contentious, it is likely that intervention will cost • approximately$300,000 to$500,000. • In addition to intervening in the permitting process, there is also the State Implementation Plan(SIP)process that can be used for addressing cities' clean air concerns. Specifically, in the Dallas-Fort Worth area, the North Texas Clean Air Steering Committee is working on developing the SIP for this region and involvement at the meetings and throughout the SIP development process is another way to voice the concerns of cities throughout Texas. These efforts are parallel to but independent of the permitting process. The DFW area has been unable to develop an effective plan to meet the new EPA 8-hour ozone standard by the 2010 deadline. These new plants could make it even more difficult to develop a workable plan. Page 1 of 1 Mark Roath From: Bill Atkinson [batkinson@cityofsachse.com] Sent: Thursday, July 13, 2006 4:45 PM To: Mark Roath Cc: csherwood@murphytx.org Subject: Dallas Mayor Laura Miller's Letter Mark, • I hope all is going well during the budget season. I am in receipt of your fax, but our agenda is set for our next meeting which is Monday, July 17. In reading the information, I was unsure if the deadline for joining was July 31st, if it is not, then I have spoken to Mayor Felix and the item will be placed on the City's subsequent agenda of August 7. If you have any other questions or additional information, please feel free to send it. Sincerely, BiffAtkinson City Manager City of Sachse 5560 Highway 78 Sachse, TX 75048 (972) 495-1212 07/14/2006 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: 9 Department: City Manager (City Secretary's Use Only) Prepared By: Mark B. Roath Account Code: Date Prepared: July 19, 2006 Budgeted Amount: $8,140,000.00 Exhibits: Four Subject Consider, and act upon, AIA Document B 141 — 1997, Part 1 and Addendum #1, Part 2, and AIA Document G606 — 2000 between the City of Wylie and ARCHITEXAS — Architecture, Planning and Historic Preservation, Inc., related to design services for the new Library. Recommendation Motion to approve AIA Document B141, Part 1 and Addendum #1, Part 2 and AIA Document G606 with ARCHITEXAS — Architecture, Planning and Historic Preservation, Inc., related to design services for the new Library. Discussion The City Council selected ARCHITEXAS as the architectural firm to design the new Library, City Hall and Recreation Center. Upon the Council's selection, the City Administration began the negotiation process for a contract. In negotiating a contract, the City Administration had the option to either: (1) negotiate a master agreement that contained general provisions for all of the above named facilities, which could then be amended for each particular facility; or (2) negotiate a single agreement each time a facility was to be built. The City Administration opted to negotiate a master agreement (AIA Documents B 141 — 1997, Parts 1 and 2), which will dictate the services being provided by the architect for all the facilities. Addendum #1 to the Master Agreement relates to pre-design services (site selection and programming) and design services for the new Library. Finally, AIA document G606 — 2000, assuming the other documents are approved, is authorization for the architect to proceed. Approved By Initial Date Department Director City Manager MBR 07/19/06 Page 1 of 1 it x' Ai r"^ Document B141�' - 1 .: 1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES ADDITIONS AND DELETIONS: 1.3 TERMS AND CONDITIONS The author of this document has added information needed for its The author 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND hhaavre revised the pletion. text of they also CONDITIONS original AIA standard form.An Additions and Deletions Report 1.5 COMPENSATION that notes added information as well as revisions to the standard AGREEMENT made as of the Twenty fifth day of July in the year Two Thousand form text is available from the and Six author and should be reviewed. A vertical One in the left margin of BETWEEN the Architect's client identified as the Owner: this document indicates where the author has added necessary City of Wylie,Texas information and where the author 2000 Highway 78 North has added to or deleted from the Wylie,Texas 75098 original AIA text. This document has important legal consequences. Consultation with an attorney and the Architect: is encouraged with respect to Its completion or modification. ARCHITEXAS—Architecture,Planning and Historic Preservation,Inc. 1907 Marilla Dallas,Texas 75201 For the following Project: Architect to design three buildings for the City of Wylie. The buildings consist of a new library of approximately 45,600 square feet,a new recreation center of approximately 48,900 square feet and a new city hall of approximately 40,000 square feet. The site(s) have not been determined. Assistance with site selection will be part of the services provided by the Architect. The projects and architectural services will be phased to correspond to the City of Wylie's approved Bond Program Schedule and Drawdown Plan beginning in 2006 and completing in approximately 2010. Services of the Architect to include full architectural and engineering basic services,interior design and furniture selection,landscape and civil engineering. The Owner and Architect agree as follows: AIA Document B141 rti—1997 Part 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. Ad rights reserved.WAIINIfto:This AlAe Document is protected by U.S Copyright taw and fritatnauonai lraaties Unauthorized reproduction Or titstributlon o1 dile Ale Document,or any portion of tt may result in severe civil and criminal penalties.and will be prosecuted to du'maximum extent possible under the law This document was produced by AlA software at 16:42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. §1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: The buildings consist of a new library of approximately 45,600 square feet,a new recreation center of approximately 48,900 square feet and a new city hall of approximately 40,000 square feet. § 1.1.2.2 The physical parameters are: The site(s)have not been determined. Assistance with site selection will be part of the services provided by the Architect. § 1.1.2.3 The Owner's Program is: The final program will be based on the previously drafted Comprehensive Facilities Master Plan,Wylie,Texas completed in April 2005 prepared by Brinkley Sargent Architects. The program will be further detailed by the Architect and confirmed by the City of Wylie. § 1.1.2.4 The legal parameters are: The site(s)have not been selected. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project,including the Architect's compensation,is: Library $ 8,140,000.00 Recreation Center 10,200,000.00 City Hall 8,645,000.00 § 1.1.2.6 The time parameters are: I The projects will be phased to correspond to the City of Wylie's approved Bond Program Schedule and Drawdown. § 1.1.2.7 The proposed procurement or delivery method for the Project is: I The delivery method for the project will be a Construction Manager-At Risk method. § 1.1.2.8 Other parameters are: N/A §1.1.3 PROJECT TEAM §1.1.3.1The Owner's Designated Representative Is: Mark Roath,City Manager City of Wylie,Texas 2000 Highway 78 North I AIA Document B141TM—1997 Pert 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The j American Institute of Architects. All rights reserved. W4 ftfftlttt.lhts MA' tinctanuni la µrt,tuctnd l,y td.3-Cayyripfd Law and faltainaliet,a1 Itceaativ,ii tTnluthnrlxcd raprodur-tion ,.{tisttlhunon,l MI;AlA i)ocunaonr rN any prrriton of it,may'Nail!in cevt,tt•NNWatttt criminal punaruns,and will no 2 I to cute adtot to if tnxxamutt,oxtail{pc:+:ttzlr,ini inn th'low This document was produced by MA software at 17:02:21 on 07/19/2006 under Order No.1 0001 9 8376_1 which expires on 9/30/2006,and is not for resale. User Noise: (3750445157) Wylie,Texas 75098 §1.1.3.2 The persons or entities,in addition to the Owner's Designated Representative,who are authorized to review the Architect's submittals to the Owner are: The Owner may designate,in writing to the Architect,an additional representative other than the designated representative in 1.1.3.1. §1.1.3.3 The Owner's other consultants and contractors are: Construction Manager to be determined. §1.1.3.4 The Architect's Designated Representative is: Craig Melde,Principal ARCHITEXAS—Architecture,Planning and Historic Preservation,Inc. 1907 Marilla Dallas,Texas 75201 28 years with ARCHITEXAS §1.1.3.5 The consultants retained at the Architect's expense are: Structural Engineer Mechanical,Electrical,Plumbing Engineer Civil Engineer Landscape Architect §1.1.4 Other important initial information is, Owner will retain a Construction Manager who will be responsible for cost estimating in the pre-construction phase of the project. §1.1.5 When the services under this Agreement include contract administration services,the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: §1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation.Both parties,however,recognize that such information may change and, in that event,the Owner and the Architect shall negotiate appropriate adjustments in schedule,compensation and Change in Services in accordance with Section 1.3.3,which adjustments shall be submitted in writing by Architect and approved by Owner prior to becoming effective. AIA Document B141 TM-1997 Part 1.Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING True AMA' U .irnfer,t is protected by U.•t Copyfield t ew slid interneitunei Treaties Unrrntnoflaed reprutttictlr n of distribution of this AMA Document,or ony portion of it,may resell in severe civil and criminal penaitita,end wail be 3 prossnriod to lion ma ttnfurn oxforat possible under the tow This document was produced by AlA software at 16:4221 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and Is not for resale. User Notes: (2356997393) ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES §1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement.Both parties shall endeavor to maintain good working relationships among all members of the Project team. §1.2.2 OWNER §1.2.2.1 Unless otherwise provided under this Agreement,the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project.The Owner shall furnish to the Architect,within 15 days after receipt of a written request,information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. §1.2.2.2 Not Used §1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project.The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. §1.2.2.5 Unless otherwise provided in this Agreement,the Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. §1.2.2.6 The Owner shall furnish all legal,insurance and accounting services,including audit services,that may be reasonably necessary at any time for the project to meet the Owner's needs and interests,except for those that Architect is specifically required to provide pursuant to this Agreement. §1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service. §1.2.3 ARCHITECT §1.2.3.1 The services performed by the Architect,Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. §1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's written approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted,in writing by mutual consent of Owner and Architect,if necessary,as the Project proceeds.This schedule shall include allowances for periods of time required for the Owner's review,of each phase of progress(Schematic/Preliminary,Design Development,Construction Documents),including completed contract documents,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Time limits established by this schedule approved by the Owner shall not,except for reasonable cause,which shall be promptly be defined in detail,and submitted in writing to the Owner,be exceeded by the Architect or Owner. §1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. §1.2.3.4 The Architect shall maintain the confidentiality of all information obtained from Owner,unless withholding such information would violate the law,create the risk of significant harm to the public,materially interfere with the completion of Architect's services hereunder or prevent the Architect from establishing a claim or AIA Document B141TM—1997 Part 1.Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. Al!rights reserved.WARNING:this AM L!o.ir.i,40i ht m rt,rctad by U S Copp+ui,i Lave ,,n tntarnailonai traanax Unauthorircrt*aorta:140iw,n diahibutian nt(hit,AM Documem,or any portion of it,may rtisuh in govern civil and caimbwi penalties mu!wilt be 4 proaesuled in thy maximum axiom po.albtw wades the low This document was produced by AIA software at 16:42.21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of such information. §1.2.3.S Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. §1.2.3.6 The Architect shall review laws,codes,and regulations applicable to the Architect's services.The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. Prior to distribution to prospective bidders,the Architect shall endeavor to see that the contract documents include all applicable code compliance,including but not necessarily limited to fire,building, health,ADA/TAS,Indoor Air Quality,and others of municipal,state or federal jurisdiction. §1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors,omissions or inconsistencies in such services or information. § 1.2.3.8 The Architect will follow the usual and customary standards of the profession in performing all services under this Agreement. ARTICLE 1.3 TERMS AND CONDITIONS §1.3.1 COST OF THE WORK §1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the latest estimated cost presented by Architect to,and approved in writing by,the Owner of all elements of the Project designed or specified by the Architect,specifically excluding those portions of the Project which are designed or specified by other consultants engaged directly by Owner. §1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed,specified,selected or specially provided for by the Architect,including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor,plus a reasonable allowance for their overhead and profit.In addition,a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. §1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner. §1.3.2 INSTRUMENTS OF SERVICE §1.3.2.1 Drawings specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The final Instruments of Service and all construction documents and electronic files prepared under this Agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Architect.The Owner shall then own jointly with the Architect and the Architect's consultants all common law, statutory and other reserved rights,including copyrights,pertaining to such documents,and may exercise such rights without joinder of any other party. §1.3.2.2 The Architects'electronic files are compatible with AutoCAD software. The Owner will receive exported drawings files in a DWG AutoCAD(2000)version format.The Architect makes no representation as to the compatibility of these files with the Owners hardware or software. Because information presented on the electronic files can be modified,unintentionally or otherwise,the Architect is not responsible for the content or accuracy of these documents after they are provided to the Owner. §1.3.2.3 If at any time the Owner reuses or modifies the electronic files or construction documents,the Owner agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Architect,its officers,directors, employees and consultants,and all insurance companies providing insurance coverage to the Owner,against any damages or claims,liabilities or costs,including reasonable attorneys' fees and defense costs,arising from or allegedly arising or in any way connected with the reuse or modification of these documents by the Owner or any person or entity that acquires or obtains the documents from the Owner,in no event shall the Architect be liable for ALA Document B141n,—1997 Part 1.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARIaltra:this AIA" tSt umenl is proic tad by U.S.Capyrigttl Law end lotto nolluhat Treaties Unauthorised refsoriucllun or distribution of MI*Ale Document,nr any portion of It,may muff in aware civic and combust penalties.sod will be 5 prosnoutnri to thm maximum axiom poseibir,under dre raw This document was produced by AIA software at 16;42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2366997393) any loss of profit or any consequential damages as a result the Owners' use or reuse of these electronic files or construction documents. The waivers and indemnification herein shall survive termination of this agreement for any cause. §1.3.2.4 Not Used. §1.3.3 CHANGE IN SERVICES §1.3.3.1 Change in Services of the Architect,including services required of the Architect's consultants,may be accomplished after execution of this Agreement,without invalidating the Agreement,if mutually agreed in writing, if required by circumstances beyond the Architect's control,or if the Architect's services are affected as described in Section 1.3.3.2.In the absence of mutual agreement in writing,the Architect shall notify the Owner prior to providing such services.If the Owner deems that all or a part of such Change in Services is not required,the Owner shall give prompt written notice to the Architect,and the Architect shall have no obligation to provide those services.Except for a change due to the fault of the Architect,Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2,and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5,5. §1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the written instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes,laws or regulations or official interpretations of which Architect has no reasonable notice,and which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner after written notice from Architect requesting same; .4 significant change in the Project including,but not limited to,size,quality,complexity,the Owner's schedule or budget,or procurement method;and .5 failure of performance on the part of the Owner or the Owner's consultants or contractors after written notice from Architect and reasonable opportunity to cure. §1.3.4.MEDIATION §1.3.4.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. §1.3.4.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement. §1.3.4.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §1.3.4.4 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Owner and Architect agree that all disputes between them arising out of,or relating to,this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. §1.3.4.5 The Owner and Architect further agree to include a similar mediation provision in all agreements with consultants retained for the project to require all consultants also to include a similar mediation provision in all Alit Document B141TM—1997 Part 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING:rant AlA'Uocumem t$luotoclod by U:S.Copyrigt,t Law and tnteratalldna1 Iranttes unoutnartxsd repr4ductiiin or cliatfibution of ttfli AIA Deoumont,or any portion of II,may rnoi.t In sovsre civil and crrmtnal penollfoo,and wits t,., S prnoecuted 1n Ihv maximum nxtwnt possIbla under his taw This document was produced by AIA software at 16:42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) agreements with subcontractors,sub-consultants,suppliers or fabrications so retained,thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. §1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Section 1.3.8. §1.3.7 MISCELLANEOUS PROVISIONS §1.3.7.1 This Agreement shall be governed by the law of Texas,and the exclusive venue of all claims and disputes shall be in Collin County,Texas. Payment for the services to be provided by Architect shall be made in Collin County,Texas and the final deliverables shall be delivered in Collin County,Texas. §1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction,current as of the date of this Agreement. §1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. §1.3.7.4 To the extent damages are covered by property insurance during construction,the Owner and the Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such tights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. §1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §1.3.7.6 The Architect shall use reasonable efforts to not specify or approve for use in the Project any new materials containing asbestos,asbestos products,polychlorinated biphenyl(PCB)or other toxic substances. If the Architect discovers that such substances as described herein have been used or do exist in the Project,the Architect shall promptly notify the Owner in writing. When asbestos containing materials,polychlorinated biphenyl(PCB)or other toxic or hazardous substances are suspected or found in the course of the Project,the Owner shall immediately provide the services of an appropriately qualified expert or consultant to determine the proper course of action. §1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. Accordingly,the Architect shall furnish to the Owner without additional charge,one of each item produced by the Architect,and shall likewise provide to the Owner a complete listing of persons or firms receiving Architect's promotional material,such listing being kept current by the Architect for a period of 24 months after the date of first promotional distribution. The Architect shall be given reasonable access to the completed Project to make such representations but only at such times and dates as stipulated by the Owner's Designated Representative.However,the Architect's materials shall not include the Owner's confidential or proprietary information nor shall it include any descriptive information unless such descriptive information is prior approved in writing by the Owner's Designated Representative.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §1.3.7.8 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. AIA Document 8141Te—1997 Part 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.Y/ARMtNC This Ale. Dui:+anent is protested by 0.f% Copyright Law and lnternaprnnni Treatise. 7 Unauthorised reproUuct.on or distribution of this A1A'Document,or ens portion of II may result in severs mull end crinunsl penalties,and will be 7 iasecuted to the maximum extent poaslbte under ttae low This document was produced by AIA software at 16:42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) §1.3.7.9 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to an institutional lender providing financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under this Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment. §1.3.7.10 The Architect shall be responsible,with the assistance of the Owner,for preparation and timely submittal of documents required for approval or recording by all governmental agencies having jurisdiction over the Project. The Architect shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by said governmental agencies at no additional charge to the Owner. §1.3.8 TERMINATION OR SUSPENSION §1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,prior to suspension of services,the Architect shall give seven days'written notice to the Owner.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due it under the Agreement prior to suspension and any expenses incurred and due under the terms of the Agreement in the interruption and resumption of the Architect's services,upon submitting and receiving an approved proposal to resume services to the Owner.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted,at the mutual consent of the parties to the Agreement. §1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days,the Architect shall be compensated for services performed prior to notice of such suspension upon submitting and receiving an approved proposal to the Owner.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the Architect may terminate this Agreement by giving not less than seven days' written notice, §1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. §1.3.8.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. §1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated. §1.3.9 PAYMENTS TO THE ARCHITECT §1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services.No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AIA Document B141 TM—1997 Part 1.Copyright in 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. AR rights reserved WARNING This AMA' t.Mi ,nrrnnt to prowled by t1.S copynvnt Lbw and Intrrntrnonat treatwi. ttu .,11, rtzod ruproducb on or dtairiburion at this Ale Oocuraent,or any pottiest at+1,may result loosest*civil end criminal penalties,and wItl bu 8 prosocuted to Ibi'rnaxl,,wn,extent possiete under the taw. This document was produced by AIA software at 16:42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) §1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses: .1 transportation in connection with the Project; authorized out-of-town travel and substance,which shall be prior approved by the Owner's Designated Representative. Prior to the event,the Architect shall request,and the Owner's Designated Representative shall provide the provisions and restrictions applicable to out-of-town travel reimbursements. Electronic communication reimbursable expense shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the project. .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions,specifically limited to progress prints prepared for presentation to Owner at each phase of progress,and final construction documents prepared for distribution at bidding phase,provided that the Architect has duly obtained at least three quotations from commercial printing firms and has chosen the best value for the Owner. Plots shall be limited to plotting of progress plots for owner, progress plots for in house checking,consultant coordination and final documents,provided that the Architect has duly obtained at least three quotations from commercial firms offering plotting services, and has chosen the best value for the Owner. Standard form documents are reimbursable if bulk- purchase discounts and other privileges afforded the Architect are extended to the Owner. If licensed electronic document forms are provided in lieu of hard-copy standard forms and are furnished by the Architect,the Architect may charge as reimbursable up to fifty percent(50%)of the purchase price of the corresponding hard-copy documents,subject to restrictions and limitations of copyright provisions governing both documents. Postage and delivery of Instruments of Service are reimbursable provided the Architect duly considers all circumstances(including available time for assured delivery)of the required delivery and selects the best value for the Owner,which may require comparison of delivery costs offered by three or more sources or methods of delivery,which at minimum shall include US Mail. Courier service is acceptable only in circumstances requiring deadline-sensitive deliveries and not for the convenience of the Architect. Handling is not reimbursable. .4 expense of overtime work requiring higher than regular rates if authorized in writing in advance by the Owner; .5 renderings,models and mock-ups requested in writing by the Owner; .6 reimbursable expenses as designated in Section 1.5.5; .7 other similar direct Project-related expenditures,which are duly presented in advance and approved by the Owner's Designated Representative in writing. Telephone service charges,including office or cellular phones,WATTS or Metro line services or similar charges are not reimbursable. Toll road subscriptions or toll plaza receipts are not reimbursable. Meals or any other related expenses are not reimbursable unless incurred outside a 50-mile radius of the Project,and then only reimbursable subject to 1.3.9.2.1 in compliance with Owner's policy. Faxed transmissions not requiring long distance toll charges are not reimbursable. The Architect shall be solely responsible for the auditing of all Reimbursable Expenses,including the Architect's, prior to submitting to Owner for reimbursement,and shall be responsible for the accuracy thereof. Any overpayment by the Owner for errors in submittals for reimbursement may be deducted from the Architect's subsequent payment for services. §1.3.9.3 Records of Reimbursable Expenses,of expenses pertaining to a Change in Services,and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. §1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. AlA Document B141 m—1997 Part 1.Copyright 0 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WA1*1114G Than AMA* t)0Ctatient la proiaelod by U S Copyrtreht Law and ktternaatnnat Traattac tiiautnortrod raprad rlh uctton or dtaluttnn at Oho Atli' Document.or any portion of It,may result In sevens civil and criminal penalties,and will taa 9 prosrcutod to nee,nanrntuttt axe*ni possibiv t+o+dat the law This document was produced by AIA software at 16:42:21 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2008,and is not for resale. User Notes: (2356997393) ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS §1.4.1 Enumeration of Parts of the Agreement.This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. §1.4.1.1 Standard Form of Agreement Between Owner and Architect,with Standard Form of Architect's Services, AIA Document B 141-1997,Part 1. §1.4.1.2 Standard Form of Architect's Services:Design and Contract Administration,AIA Document B141-1997, Part 2,and as follows: I Addendum#1 to the Standard Form of Agreement B 141,Part 1. §1.4.1.3 Other documents as follows: §1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows: 1.4.2.1 The Texas Board of Architectural Examiners,555 N.Lamar Blvd.,Building H-I 17,Austin, Texas 78751 Phone:512/458-1363 has jurisdiction over individuals licensed under the Architects Registration Law,Article 249A,VTCS. 1.4.2.2 The following insurance shall be required of the Architect and shall be written by an insurance company having an A minus rating or better by A.M.Best and shall be written in limits for not less than the minimum required by law or the following: I. Worker's Compensation: (a) State: Statutory (b) Applicable Federal: Statutory (c) Employer's Liability: $ 500,000.00 per Accident $ 500,000.00 Disease,Policy Limit $ 500,000.00 Disease,Each Employee 2. Architect's and Engineer's professional liability insurance coverage with minimum of$500,000 per claim prior to the start of construction,and$1,000,000 limit per claim following the start of construction. 3. Comprehensive or Commercial General Liability(including Premises-Operations;Independent Contractors'Protective;Products and Completed Operations;Broad Form Property Damage): (a) Bodily Injury: $ 500,000.00 Each Occurrence $1,000,000.00 Aggregate (b) Property Damage: $ 500,000.00 Each Occurrence $1,000,000.00 Aggregate (c) Products and Completed Operations to be maintained for two years after final payment: $ 500,000.00 Aggregate (d) Property Damage Liability Insurance shall provide X,C and U coverage. (e) Broad Form Property Damage Coverage shall include Completed Operations. (f) Coverage to be extended to include the interests of the Architect and his consultants. Alit Dominant B141 TM-1997 Part 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. AU rights reserved.WAt1d1NCt This AIA*Document is protested by 11.S Copyright Law and international Treaties O Uneuthgrlrod reproduction or distribution of this AIA' Document,or any portion at IS may result in sewer civil and criminal pquatltat and will be prosecuted icr ilia max+muru mime posslbl.undo*the law This document was produced by AIA software at 16:4221 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes. (2356997393) 4. Contractual Liability: (a) Bodily Injury: $ 500,000.00 Each Occurrence $ 500,000.00 Aggregate (b) Property Damage: $ 250,000.00 Each Occurrence $ 500,000.00 Aggregate 5. Personal Injury,with Employment Exclusion deleted: (a) Coverage: $ 500,000.00 Each Person Aggregate $ 500,000.00 General Aggregate 6. Business Auto Liability(including owned,non-owned and hired vehicles): (a) Bodily Injury: $ 500,000.00 Each Person $ 500,000.00 Each Occurrence (b) Property Damage: $ 250,000.00 Each Occurrence 7. Valuable papers insurance coverage with minimum value of$100,000. 8. Umbrella Excess Liability: (a) Over Primary Insurance: $1,000,000.00 Each Occurrence If the General Liability coverage is provided by a Commercial General Liability Policy on a claims-made basis,the policy date or Retroactive Date shall predate the Contract;the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment. 1.4.2.3 It shall be the duty of the Architect throughout the term of this Agreement as part of Basic Services,to make a prompt written record of all meetings,conferences,discussions,and decisions made between and/or among the Owner,Architect,and Construction Manager during all phases of the Project and concerning any material condition in the requirements,scope,performances,and/or sequence of the Work and to provide promptly a copy of all such records to the Owner. ARTICLE 1.5 COMPENSATION §1.5.1 For the Architect's services as described under Article 1.4,compensation shall be computed as follows: As set forth in Addendum#1,which is incorporated as if fully set forth herein. §1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1,the Architect's compensation shall be adjusted and invoiced on an hourly basis or by mutual agreement of Owner and Architect. Houly Rates for changes in services will be as follows: Principal $250.00/hr Project manager $ 195.00/hr Sr.Architect/Designer $ 160.00/hr (includes construction administrator,detailer,sr planner,sr.interior designer) Intermediate Architect/Designer $ 135.00/hr (includes job captain,intermediate.designer,planner,interior designer,graphic designer, Junior Architect/Designer $ 95.00/hr (includes jr.designer,jr.interior designer,project administrator Administrative Staff $ 85.00/hr AMA Document 9141 TM—1997 Pert 1.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WANNINO ttaa,AI A'Uuutrmai is flrotect d by U.S.Copyright Law and International Treaties. Unauthonxad rapfodtartrnn or distrittuttor,at thin Ate 1.tooument.or any portion of tie may result In severe cleft and criminal penalties,end will be prof eeuted to the marinas,r+rrtarrl possible nodes'the law This document was produced by AlA software at 16:4221 on 07/19/2006 under Order No.1000198376 1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) §1.5.3 For a Change in Services of the Architect's consultants,compensation shall be computed as a multiple of one-point-one ( l.1 )times the amounts billed to the Architect for such services. §1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2,and any other items included in Section 1.5.5 as Reimbursable Expenses,the compensation shall be computed as a multiple of one-point-one ( 1.1 )times the expenses incurred by the Architect,and the Architect's employees and consultants. §1.5.5 Other Reimbursable Expenses,if any,are as follows: §1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices which owner shall be notified in writing a minimum of seven days in advance. §1.5.7 An initial payment of Zero Dollars and Zero Cents ($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account at final payment.Subsequent payments for services shall be made monthly,and where applicable,shall be in proportion to services performed on the basis set forth in this Agreement. §1.5.8 Payments are due and payable Thirty ( 30 )days from the date of the Architect's invoice.Amounts unpaid Forty-five ( 45 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. I (15.00%) Fifteen percent on the principal per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) (Paragraphs deleted) OWNER ARCHITECT (Signature) (Signature) John Mondy,Mayor Craig Melde,Principal (Printed name and title) (Printed name and title) The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas;TBAE,P.O.Box 12337,Austin,Texas 78711,(512)305-9000(T),(512) 305-8900(F). NA Document B141T11-1997 Pert 1.Copyright ®1917,1926,1948,1951,1953,4958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WAtit4INO.This Ale Documinis ii,ptuttciM by if 5.copyright Law and international Treaties Unrrumatned reproduction or distribution of thrill Ale Documorrr,or any portion of it.may result in aovate civil and criminal penalties,and will be12 prosecuted to the nrrxrnrnnr*maul possibtn under the taw This document was produced by AK software at 16:42:21 on 07/19/2008 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2356997393) Addendum#1 to the Standard Form of Agreement B141—Part 1 Scope of Work,Process and Amendments: The following will be the basis of compensation for the services listed in this contract.Phase 1—Pre-design Services will be invoiced on an hourly basis to the listed maximum values in each subtask.Upon completion of Phase 1 Services,the architect will submit a fixed fee to the Owner for Phase 2 and Phase 3 Services.The contract will be amended utilizing AIA G 606-2000,Amendment to the Professional Services Agreement to include the fees for services listed. Phase 1 Service—Pre-design Services hourly to max. S 50,000.00 Subtask 1-Site Selection Process Identify sites to be analyzed w/city council and staff Develop site analysis and criteria matrix Evaluate/Recommendations Council/staff meetings Decision Subtask 2-Program Confirmation,Conceptual Decisions • and Budget Confirmation hourly to max. $75,000.00 Review,analyze and confirm/revise building program Coordinate analysis with construction manager to review construction budget(s) Develop site development options(consider cost) Explore shared space for economy Define/Confirm shell space option Define conceptual approach Determine building arrangement-number of buildings(one,two or three) Confirm construction budget w/city council and staff Develop schedule Staff Meetings Council Presentation(s) Community Meetings Phase 2 Service—Basic Services Amend Contract with fixed fee Design Services Library $510,000.00 per scope in document AIA G 606(attached) City Hall Schematic Design,Design Development,Construction Documents Recreation Center Schematic Design,Design Development,Construction Documents Phase 3 Service—Basic Services Construction Procurement Amend Contract with fixed fee Contract Administration Amend Contract with fixed fee Library Estimated to begin 314 quarter 2007 City Hall Estimated to begin 14 quarter 2009 Recreation Center Estimated to begin 1"quarter 2009 Hourly Rates for the Phase 1-Pre-design Services Principal Project manager $ 250.00/hr Sr.Architect/Designer $ 195.00/hr (includes construction $ 160.00/hr administrator,detailer,sr.planner,Sr.interior designer) Intermediate Architect/Designer $ 135.00/hr (includes job captain,intermediate.designer,planner,interior designer,graphic designer, Junior Architect/Designer $ 95.00/hr (includes jr.designer,jr.interior designer,project administrator Administrative Staff $ 85.00 to `i, t'` tiAIA Document B141 M - 1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES ADDITIONS AND DELETIONS: The author of this document has 2.3 EVALUATION AND PLANNING SERVICES added information needed for Its completion:The author may also 2.4 DESIGN SERVICES have revised the text of the original AIA standard form.An 2.5 CONSTRUCTION PROCUREMENT SERVICES Additions and Deletions Report that notes added information as 2.6 CONTRACT ADMINISTRATION SERVICES well as revisions to the standard form text is available from the 2.7 FACILITY OPERATION SERVICES author and should be reviewed. A vertical Ilne in the left margin of 2.8 SCHEDULE OF SERVICES this document indicates where the author has added necessary 2.9 MODIFICATIONS information and where the author has added to or deleted from the ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES original AIA text. §2.1.1 The Architect shall manage the Architect's services and,together with the This document has important Construction Manager,shall administer the Project.The Architect shall consult with the legal consequences. Owner,research applicable design criteria,attend Project meetings,communicate with Consultation with an attorney members of the Project team and issue progress reports.The Architect shall coordinate the is encouraged with respect to services provided by the Architect and the Architect's consultants with those services Its completion or modification. provided by the Owner and the Owner's consultants. §2.1.2 When Project requirements have been sufficiently identified,the Architect shall prepare,and periodically update,in consultation with the Construction Manager,a Project schedule that shall identify milestone dates for decisions required of the Owner,design services furnished by the Architect,completion of documentation provided by the Architect,commencement of construction and Substantial Completion of the Work. The Project Schedule,which shall be set forth on AIA Document G606-2000 as agreed to by the parties,shall reflect the Owner's required date for Substantial Completion of all work, making reasonable allowances for unforeseen circumstances of either the Architect's or the Owner's schedule in meeting the finish date. §2.1.3 The Architect with the assistance of the Construction Manager,shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program,budget and aesthetics in developing the design for the Project. §2.1.4 Upon request of the Owner,the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. §2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and written approval by the Owner.The NA Document B141 n—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. NI rights reserved.WARNING;This AlA` Decimate is protected by U,rs.Copyr:9h1 Law and Imarnaironai treaties 1 Unauthwixaa riprodurunt)Or(IOU lbution of Oita MA"Document,or any portion of 11,may result In*wait,civic and criminal penalties.and Will be proccetrlad to inc maxint4Jri,indent possible under ltte law This document was produced by AIA software at 16 4:59 on 07/1972006 under Order No.1000198376_1 which expires on 9730/2006,and is not for resale. User Notes: (2834996688) • Architect must obtain written approvals received from the Owner before proceeding to next phase of design. §2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall be responsible,with the assistance of the Owner,for preparation and timely submittal of documents required for approval or recording by all governmental agencies having jurisdiction over the Project. The Architect shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by said governmental agencies at no additional charge to the Owner. §2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK §2.1.7.1 When the Project requirements have been sufficiently identified,the Construction Manager shall prepare a preliminary estimate of the Cost of the Work.This estimate may be based on current area,volume or similar conceptual estimating techniques.As the design process progresses through the end of the preparation of the Construction Documents,the Architect shall consult with and assist the Construction Manager who shall update and refine the preliminary estimate of the Cost of the Work.The Construction Manager shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions.If at any time the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget,the Construction Manager and Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget,and the Owner shall cooperate with the Construction Manager in making such adjustments. §2.1.7.2 Evaluations of the Owner's budget for the Project,the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction Manager represent the Architect's judgment as a design professional familiar with construction methods. It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment,over the Construction Manager's methods of determining bid prices,or over competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the • Construction Manager. §2.1.7.3 In preparing estimates of the Cost of the Work,the Architect shall be permitted to include contingencies for design,bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded,that budget shall be increased accordingly. §2.1.7.4 If bidding or negotiation by the Construction Manager for prime subcontractors has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. §2.1.7.5 If the budget for the Cost of the Work is exceeded by the guaranteed maximum price provided by the Construction Manager the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time with no adjustment in the Architect's compensation to the extent the rebidding or renegotiation results from acts or omissions of Architect;or .3 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. $2.1.7.6 The Architect and Architect's Consultants will review the Construction Manager's budget and cost estimate at each phase designated in the Owner/Construction Manager Agreement. If at any time the estimated Cost of the Work exceeds Owner's budget, the Architect,shall modify the documents as necessary to comply with the budget for the Cost of the Work.The modification of such documents shall be the limit of the Architect's and Architect's Consultants responsibility under this Section 2.1.7.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. The AIA Document B141TM—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNINDe Document is protected by U.5 Copyrignt Law an,J lntarnmtonll treenail Unnuthorfxod reproduction or distribution,of Una MA"Document,or any portion of it,duty result in*avers civil and criminal penalties,and wilt be arateCbted to Its ntasimud oxtont possible uncle,the law. This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) Architect shall notify Owner of such modifications,which shall not become final until approved in writing by Owner. ARTICLE 2.2 SUPPORTING SERVICES §2.2.1 Unless specifically designated in Section 2.8.3,the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. §2.2.1.1 The Architect shall participate with the Owner to develop a program setting forth the Owner's objectives, schedule,constraints and criteria,including space requirements and relationships,special equipment,systems and site requirements. §2.2.1.2 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include, as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;adjacent drainage; rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. The Architect will notify,in writing,the Owner of all relevant data needed in the survey and will develop a scope of services for the Owner's survey. §2.2.1.3 The Owner shall furnish services of geotechnical engineers when such services are requested by the Architect which may include but are not limited to test borings,test pits,determinations of soil bearing values, percolation tests,evaluations of hazardous materials,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES §2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement,including the Owner's program and schedule requirements and budget for the Cost of the Work,each in terms of the other.The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. §2.3.2 The Architect shall provide a preliminary evaluation of up to six(6)sites per building for the Project site for the Project based on the information provided by the Owner of site conditions,and the Owner's program,schedule and budget for the Cost of the Work. §2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program,financial and time requirements,and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES §2.4.1 The Architect's design services shall include normal structural,mechanical and electrical engineering services and landscape. §2,4.2 SCHEMATIC DESIGN DOCUMENTS §2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule,and budget for the Cost of the Work.The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components.Through the Schematic Design Phase,the Architect ' shall review periodically the progress of the Work with the Owner's Designated Representative and,if requested by Owner,the Construction Manager,such that the Owner will have participated in the development of the design concept. The Schematic Design Documents shall include: (1) A conceptual Site Plan,scaled accurately,to depict all features of the site,including but not necessarily limited to drives,parking,streets,alleys,easements,finish floor elevation and site contours,location of existing utilities,including all utilities that were provided to the Architect in Articles 2.2.1.2 and 2.2.1.3, PIA Document B141TN—1997 Part 2.Copyright 6))1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved,t+1AMtttNCt That AIA" Document is pralvcred try U,'1 Copyright Law and tntarnatirrnnl Treaties Unauthorized reprodrnlron or distribution of It Is Ale Document,or any portion of it,may mob In severe civil and r:rirmnai panellise and will be 3 prosecuted to the moxitnurn axian±pussibto uncial the taw This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/3012006,and is not for resale. User Notes: (2834996688) and the buildin location indicating proposed sidewalks and other site appurtenances.The site plan shall bear a schedule indicating the acreage of the site,the area of the site proposed for concrete or asphalt paving,the total area of the building,and area of proposed covered walks and overhangs. (2) Floor Plan or plans,drawn to scale,indicating the dimensions and net areas of each individual space, labeled as to use,and indicating door swings,window or glassed areas, wall thickness,conceptual casework/millwork and other design features,which require Owner approval. Spaces too small at the plan scale to be adequately examined shall be enlarged and illustrated as necessary. Floor plan sheet shall bear a schedule indicating the gross area of the building,and the square footage allocated to instruction, administration,support,circulation,and ancillary. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. (3) Exterior Elevations,drawn to scale,proposing the design concept and indicating proposed materials and design features. (4) A preliminary code search,indicating the anticipated code requirements governing building,fire,life safety,accessibility,and health,and a statement as to the Architect's and Architect's Consultants'approach to accommodate these requirements shall be included. At the Architect's option,the Schematic Design Documents may include study models,perspective sketches,electronic modeling or combinations of these media. The Architect shall obtain approval of Schematic Design Documents from Owner before proceeding to Design Development Phase. §2.4.3 DESIGN DEVELOPMENT DOCUMENTS $2.43.1The Architect and Architect's Consultants shall provide Design Development Documents based on the Schematic Design Documents approved by Owner and updated budget for the Cost of the Work. Through the Design Development Phase,the Architect and Architect's Consultants shall periodically review the progress of design development such that the Owner's Representative,and if requested by Owner,the Construction Manager, will have participated in the decisions upon which the Design Development Phase was founded. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections, and elevations, typical construction details, and equipment layouts, including mechanical, electrical,plumbing, energy management, and all other systems which are included in the Architect's and Architect's Consultants' Scope of Work. Architect shall coordinate with Owner or Owner's consultants that are providing/designing technology, communication, and/or security systems to ensure that the design of such systems is compatible with Architect's or Architect's Consultant's documents and designs. The extent of presentation shall be such that all aspects of the design and features,locations of equipment,switching,lighting,door numbers/types,room numbers/finishes,ceiling types/finishes and any other issue which may be incorporated into the Construction Documents shall have been presented to and approved by the Owner. A complete code review, addressing building, fire, safety, ADA/TAS, health, and any or all other code/ordinance requirements shall be included,indicating the Architect's and Architect's Consultants'interpretations as to the code requirements,and the features incorporated into the design that satisfy the requirements. Site plans shall depict the final locations of all site appurtenances, utility connections and routing, drives, walks, yard irrigation, and other features to illustrate to the Owner that essentially all decisions have been made and that decisions of significance will not be required during Construction Document Phase. Specifications shall be in outline form, and shall describe the materials and methods intended for use within the project, as well as the proposed delivery method, proposed alternate bids, allowances and other significant information,to include the Architectural and Engineering technical specifications sections. The Construction Manager shall obtain a detailed cost estimate to determine the final estimated Cost of Work for the Architect's review. The Construction Manager may be directed to update estimate of cost. Owner shall approve Design Development Documents prior to Architect proceeding with construction Documents. AIA Document B141TM-1997 Part 2.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING.this AlA` Document Is protected by U S Copyrighrl taw mot International Treaties Unoulht:rtsW reproduction or distribution of rite AtA°Document.or any portion of it,may result In severe civil and crlminat pm:dilee,and will be 4 prosecuted to the maximum extant poeafbsry'mete*the law This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) §2.4.4 CONSTRUCTION DOCUMENTS §2.4.4.1 Based on the approved Design Development Documents,the Architect and Architect's Consultants shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements of the construction of the Project,including,but not necessarily limited to the Work required for the architectural, structural,mechanical,electrical,plumbing,civil and site work(unless provided by Owner),service-connected equipment,and the necessary general condition of the Agreement. The Architect shall provide the services of professional structural,mechanical,civil(unless provided by Owner),electrical,and other engineers,as well as landscape architects,qualified by training and experience in their respective fields,to address the requirements of the Project;shall submit a list of the names of the consultants to be employed by the Architect to the Owner in advance,for Owner's review and approval,which approval shall not be unreasonably withheld;and shall require such professional engineers to place their seal,name and signature on the Drawings and Specifications prepared by them. Said Construction Documents shall comply with all applicable laws,statutes,ordinances,codes,rules and regulations as described in paragraph I.2.3.6 herein. Approval by the Owner shall not constitute approval of the means,techniques,or particular material recommended by the Architect or Architect's Consultants for the Project. §2.4.4.2 During the development of the Construction Documents,the Architect shall assist the Owner and Construction Manager in the development and preparation of: (1)bidding and procurement information which describes the time,place and conditions of bidding;bidding or proposal forms;and the form of agreement between the Construction Manager and Subcontractors;and(2)the Conditions of the Contract for Construction(General, Supplementary and other Conditions subject to review by Owner's legal counsel).The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES §2.5.1 The Architect shall assist the Construction Manager in obtaining either competitive bids or negotiated proposals when Architect's assistance is deemed reasonably necessary by Owner for proper evaluation. §2.5.2 The Construction Manager shall establish a list of prospective bidders or contractors. §253 The Construction Manager shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal,if any.If requested by the Owner,the Construction Manager shall notify all prospective bidders or contractors of the bid or proposal results. §2.5.4 COMPETITIVE BIDDING §2.5.4.1 Bidding Documents shall consist of bidding requirements,proposed contract forms,General Conditions and Supplementary Conditions,Specifications and Drawings. §25.4.2 The Construction Manager shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. §2.5.4.3 If requested by the Owner,the Construction Manager shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Construction Manager shall maintain a log of distribution and retrieval,and the amounts of deposits,if any,received from and returned to prospective bidders. The Construction Manager shall forward to the Owner the number of full sets of Construction Documents designated by the Owner simultaneously with forwarding the documents to general contractor bidders. §2.5.4.4 The Architect and Architect's Consultants shall review requests for substitutions and shall copy the Owner and Construction Manager in substitutions accepted for use in lieu of the specified product. Notification of acceptance of substitutions shall be included in Addenda. §2.5.4.5 The Architect,Architect's Consultants and Construction Manager shall organize,prepare,publicize,and preside over a pre-bid conference,held in adequate time to allow issuance of an addendum at least seven calendar days in advance of bid date to respond to issues raised at the pre-bid conference. §2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. The Architect shall forward copies of each addendum to the Owner simultaneously with issuance to the Construction Manager. AIA Document 13141TM-1997 Part 2.Copyright C 1917,1926,1948,1951,1953,1958,1981,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The lhsutrt orbncedtute raproductton or distrif Architects. All bution n ots ft this AIAARNINct Ocourtrent,of any port1os Are Doic tomb or b�may rotuisbn US severe ci it and CrOt imina sod lopef�ahi+es and wino be 5 prosKrcukod to ttra n,eKinturn eKie,+t pottible under the isw This document was produced by ALA software at 16:34:59 on 07/19/2006 under Order No.1000198376 1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) §2.5.4.7 The Construction Manager shall participate in or,at the Owner's direction,shall organize and conduct the opening of the bids. The Construction Manager shall subsequently document and distribute the bidding results,as directed by the Owner. §2.5.5 COMPETITIVE SEALED PROPOSALS §2.5.5.1 Proposal Documents shall consist of proposal requirements,proposed contract forms,General Conditions and Supplementary Conditions,Specifications and Drawings. §2.5.5.2 The Construction Manager shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors.The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect or Construction Manager for such expenses. §2.5.5.3 If requested by the Owner,the Architect shall participate in selection interviews with prospective contractors §2.5.5.4 The Architect shall consider requests for substitutions,if permitted by the Proposal Documents,and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. §2.5.5.5 If requested by the Owner,the Architect and the Construction Manager shall assist the Owner during negotiations with prospective contractors.The Construction Manager shall subsequently prepare a summary report of the negotiation results,as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES §2.6.1 GENERAL ADMINISTRATION §2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement and any supplementary conditions thereto. §2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction Management Services and terminates at final payment to the Construction Manager for the fully completed Work.However,the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. For purposes of performance of Contract Administration,the Architect's Designated Representative,identified in 1.1.3.4,shall continue through the duration of Contract Administration Services,and may not be changed without written consent by the Owner. §2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner.Instructions to the Construction Manager(s)may be forwarded through the Architect.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. §2.6.1.4 Duties,responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted,modified or extended without written agreement of the Owner and Architect and notice to the Construction Manager. §2.6.1.5 The Architect shall review properly prepared,timely requests by the Construction Manager for additional information about the Contract Documents.A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. I §2.6.1.6 If required in order to thoroughly illustrate,the Architect shall prepare,reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Construction Manager. §2.6.1.7 The Architect shall interpret matters concerning performance of the Construction Manager under,and requirements of,the Contract Documents on written request of the Owner.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AlA Document B141 TM—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING; fhts AlA" 04cutuant is rtrutn,led by U.9 Copya.jl,i tww and!nirinationn!rraaties Unauthornien reproduction or dlairfli>r,tinn of thlu Ale'"Documanl,or any p,rtirm at tt,may rasuli insmears civil and criminal penattles,and will be s prosecuted to n*e rnoxtm,un o.Iant puaatbie rte.der the IAA' This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and Is not for resale. User Notes: (2834998688) §2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and specifications.When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by the Construction Manager,and shall not be liable for the results of interpretations or decisions so rendered in good faith. §2.6.1.9 The Architect shall render initial opinions on claims,disputes or other matters in question between the Owner and Construction Manager if Owners requests in writing that the Architect do so. The Owner shall have final authority on questions relating to aesthetic effect,provided such authority is exercised in a way which is consistent with the intent expressed in the Contract Documents. §2.6.2 EVALUATIONS OF THE WORK §2.6.2.1 The Architect shall visit the site not less than an average of once per week,or as agreed to with Owner or Owner's representative,while Work is in progress,and as appropriate to the stage of construction(with particular emphasis on foundation and structural work)to observe the site and Work;to require and schedule timely visits as appropriate by Architect's Consultants to observe the work of their specialty before it becomes concealed;to familiarize the Architect and Architect's Consultants with the progress and quality of the Work;and to determine for the Owner's benefit and protection if the Work is generally proceeding in accordance with the intent of the Contract Documents and construction schedule. The Architect shall attend all construction progress meetings(which shall be held not less than once weekly or as agreed to with the Owner or Owner's representative)in conjunction with,or in addition to visiting the site in satisfaction of other responsibilities. The Architect shall neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or procedures,or for safety precautions and programs in connection with the Work for the Project,since these are solely the Construction Manager's rights and responsibilities under the Contract Documents,but shall use reasonable care to guard the Owner against defects and deficiencies in the Work and the Construction Manager's failure to carry out the Work in accordance with the Contract Documents and the construction schedule. On the basis of on-site observations,the Architect shall keep the Owner informed of the progress and quality of the Work, and shall give prompt notice to the Owner in writing of any or all deviations from the Contract Documents in the Work, §2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Construction Manager. However,the Architect shall not be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of and shall not be responsible for acts or omissions of the Construction Manager, Subcontractors,or their agents or employees,or of any other persons or entities performing portions of the Work. §2.6.2.3 Both the Owner and the Architect shall at all times have access to the Work wherever it is in preparation or progress. §2.6.2.4The Owner and Construction Manager shall communicate through the Architect;except(l)as may otherwise be provided in the Contract Documents,(2)when direct communications have been specifically authorized,or(3)when such communication has been attempted and could not be reasonably be accomplished in a timely manner in consideration of the requirements of the Project. Where direct communication between Owner and Construction Manager has occurred,the Owner and Construction Manager shall promptly and jointly document the nature and result of the communication as well as the reason for the direct communication and shall provide a copy of said documentation to the Architect. Communications by and with the Architect's consultants shall be through the Architect. §2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager,Contractors,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. MA Document 8141 TM—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1877,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING Thee Ata' (iocwnrrra rs pruleclvti by U.$ Capynngnt Law and intinnatmnai Tieal.as Unanthrrirod reproduction or distributionor this AtA`'00040ne01,or any porttun 011i.,may result in severe civil And criminal penalties,.and will Ae 7 Prna.xtuied to Hie maximum exit'n!poeaibto order the few. This document was produced by AMA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) §2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR §2.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue Certificates for Payment in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Construction Manager Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents and that the Work has been performed in a good and workmanlike manner to the best of Architect's knowledge and belief.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. §2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. §2.6.3.3 The Architect shall maintain a record of the Construction Manager's Applications for Payment. §2.6.4 SUBMITTALS §2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Construction Manager and Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Construction Manager or subcontractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Construction Manager and individual Contractor as required by the Contract Documents,The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. §2.6.4.3 If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Construction Manager by the Contract Documents,the Architect shall specify appropriate performance and design criteria that such services must satisfy.Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Construction Manager shall bear such professional's written approval when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals. §2.6.5 CHANGES IN THE WORK §2.65.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents.The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents.If necessary,the Architect shall prepare,reproduce and distribute Drawings and Specifications to describe Work to be added,deleted or modified,as provided in Section 2.8.2. §2.65.2 The Architect shall review properly prepared,timely requests by the Construction Manager for changes in the Work,including adjustments to the Contract Sum or Contract Time.A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications.If AIA Document B141 TM—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All tights reserved.WARNUNt3 Title AMA' nocuntersi ta,protected by ff.5 Copyright Iuw an,t htt#rrraarr<,ai tiarnian Unauthorized repnoaucaior,Vt dialribution of tall„AIA"Oocun,eni,of any portion of it,may reaiitl in tome,Civil end criminal penalties,and win be a prOsecuted iv rho nsaxinuun orient possible under the law This document was produced by ALA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents,the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. §2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum,the Architect shall make a recommendation to the Owner,who may authorize further investigation of such change.Upon such authorization, and based upon information furnished by the Construction Manager,if any,the Architect shall estimate the additional cost and time that might result from such change,including any additional costs attributable to a Change in Services of the Architect.With the Owner's approval,the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Construction Manager. §2.6.5.4 The Architect shall maintain records relative to changes in the Work. §2.6.6 PROJECT COMPLETION §2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Construction Manager and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Construction Manager,and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. §2.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including any amounts needed to pay for final completion or correction of the Work. §2.6.6.4 The Architect shall receive from the Construction Manager and forward to the Owner: (1)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment and(2)affidavits, receipts,releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES §2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. §2.7.2 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES §2.8.1 Design and Contract Administration Services beyond the following Iimits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: §2.8.1.1 An average of one(1)weekly Project meeting and conduct discussions with the representatives of the Construction Manager and Owner regarding construction issues on a timely basis,and to publish minutes of the meetings to provide historical data regarding the progress of construction through completion of the Project. §2.8.1.2An average of one(1)weekly meeting with the Owner's Designated Representative to discuss progress of construction and advise of any issues forthcoming that affect the Scope of Work,status of Construction Cost,completion dates,or any similar significant information beneficial to the Owner. These meetings may occur during the same site visit as the meetings required by 2.8.1.1 above. AIA Document 9141 TM—1997 Part 2.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All tights reserved.WARNING, Yhly ALA' Document Is protected by U,S.CopytrgM I.nw ar i Imarnettonet Treahea Unauthorized reproduction er dlstributton of Ihie AlA Document,or any portion of It,may rsrsuil In aesete clytt and criminal penattial,and will be 9 prosecuted to the nraaimrnu axtrnt prtostbta node,the law. This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale, User Notes: (2834996688) §2.8.1.3Up to two(2)reviews of each Shop Drawing,Project Data item,sample and similar submittal of the Contractor. §2.8.1.4Up to two(2)inspections for any portion of the Work to determine whether the work is substantially complete in accordance with the requirements of the Contract Documents. $2.8.1.5Up to two(2)inspections for any portion of the Work to determine final completion in accordance with the requirements of the Contract Documents. $2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3 and require the acceptance and approval of the Owner prior to performance of Work. The Owner agrees to add this language to the AIA Agreement between the Owner and Construction Manager or subcontractors for this project,and to pay the Architect and their Consultants for additional work related to services stated below: DOCUMENT 00700—GENERAL CONDITIONS Article 4—Administration of the Contract—Add subparagraph 4.7: §4.7 Architect's Additional Services: $4.7.1 If authorized by the Owner in writing,and accepted by the Architect before initiation of the additional work,the Architect and his consultants will receive additional compensation for work performed under the following circumstances: .1 Review of a Construction Manager's or subcontractor's submittals out of sequence from the submittal schedule agreed to by the Architect. .2 Responses to the Construction Manager's or subcontractor's requests for information where such information is available to the Construction Manager or subcontractors from a careful study and comparison of the Contract Documents,field conditions,Owner-provided information,Construction Manager-or subcontractor-prepared coordination drawings,or prior Project correspondence or documentation. .3 Change Order and Construction Change Directives requiring evaluation of proposals,including revisions to the Contract Documents except where more descriptive original Contract Documents or addenda could have rectified Change Orders or Construction Change Directives thereto. .4 Providing consultation concerning replacement of Work resulting from fire or other cause during construction. .5 Evaluation of substitutions proposed by the Construction Manager's,contractors,or subcontractors,and making subsequent revisions to Instruments of Service resulting therefrom, except where such extensive number of claims could have been rectified by more descriptive original Contract Documents or addenda thereto.. .6 Submittal review in excess of the original submittal and one resubmittal. .7. Review of mockups in excess of the original review and one re-review. .8 Review and documentation of defective or nonconforming work due to the Construction Manager's or subcontractor's failure to comply with Contract Document requirements. .9 Services provided after the original Substantial Completion date if delay of Substantial Completion was caused by actions of the Construction Manager or any other Subcontractor. .10 Substantial or Final Completion inspections in excess of two inspections. .11 Additional Bidding services required to: a. Re-bid work that has already been bid. b. Qualify additional contractors after the initial bidding period. c. Re-bid any bid packages due to the subcontractor bids exceeding the Construction Manager's estimate that was established prior to bidding. AIA Document B1411,1—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING ?bra AIA'' Oacrunent ry tuoterted by U.S Copyright Law and International ireaties ttnautnorrrxod reproduction or dlatabuhon of Min AleWets/wont,or any pardon at it,may result In severe dell and oft/Met/la penal**,end win be 10 Prosecuted to thy n+axitnurrt axteut posetbl«urtdnr trrn 40w. This document was produced by AIA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) .12 Revisions required to the Construction Documents after the initial bidding period due to the bids exceeding the Owner's budget. The Owner will compensate the Architect and his consultants for additional time and expenses related to any of the above services,and will deduct the amount of such services from the Construction Manager's Contract Sum by Change Order. The Architect's Additional Services will be calculated at the hourly rates indicated in paragraph 1.5.2. §2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect,Owner or Not Provided) .1 Programming Architect .2 Land Survey Services Owner .3 Geotechnical Services Owner .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys Not Provided .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection Architect .8 Environmental Studies and Reports Not Provided .9 ; Owner-Supplied Data Coordination Owner .10 Schedule Development and Monitoring Architect .11 Civil Design —Civil Engineer .12 Landscape Design Architect .13 Interior Design Architect .14 Special Bidding or Negotiation Not Provided .15 Value Analysis Architect .16 Detailed Cost Estimating Not Provided .17 On-Site Project Representation Not Provided .18 Construction Management Not Provided .19 Start-up Assistance Architect .20 Record Drawings Not Provided .21 Post-Contract Evaluation Architect .22 Tenant-Related Services Not Provided .23 Assistance in Cost Estimating Architect .24 .25 Description of Services. ARTICLE 2.9 MODIFICATIONS §2.9.1 Modifications to this Standard Form of Architect's Services:Design and Contract Administration,if any, are as follows: §2.9.2 EQUITABLE ADJUSTMENT UPON SUSPENSION OF SERVICES MA Document B141"-1997 Part 2.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This ALA°Document is protected by U.S.Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this me Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:56:06 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (3322692251) The equitable adjustment to the Architect's compensation as required by Paragraph 1.3.8 shall include but not limited to all reasonable costs incurred by the Architect on account of suspension of the Project,for preparation of documents for storage,maintaining space and equipment pending resumption,orderly demobilization of staff, maintaining employees on a less-than-full-time basis,terminating employment of personnel because of suspension, rehiring former employees because of resumption,reacquainting employees with the Project upon resumption and making revisions to comply with Project requirements at the time of resumption. §2.93 WAIVER OF CLAIMS FOR HAZARDOUS MATERIALS In consideration of the substantial risks to the Architect in rendering its services in connection with the Project due to the presence,or suspected presence,of hazardous materials at or near the jobsite,the Owner agrees to make no claim and hereby waives,to the fullest extent permitted by law,any claim or cause of causes of action of any kind,including but not limited to,negligence,breach or contract,or warranty,either express or implied,strict liability or any other causes against the Architect,its officers,directors,partners, employees or subconsultants(collectively,Architect),which may arise out of or may in any way be connected to the presence of such hazardous materials. The Owner acknowledges that the Architect is not and shall not be required to be in any way an"arranger,""generator,""operator,"or"transporter"of hazardous materials present at or near the Project site,as these terms are defined in applicable federal or state statutes.Work of the Architect should not be implied as a remedy to reduce or remove the existing hazardous materials. §2.9.4 CONSTRUCTION MANAGER AS CONSTRUCTOR §2.9,4.1At intervals agreeable to the Owner and Construction Manager,the Architect shall provide progress drawings,specifications and other documents for the Owner's and Construction Manager's information and review. §2,9,4.2The Architect shall review the Owner's Project budget,preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction Manager solely for guidance in the Architect's preparation of the Construction Documents. Accordingly,the Architect can not and does not warrant the accuracy of the estimates of the Construction Manager,or warrant or represent that bids or negotiation prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared by the Construction Manager. §2.9.5 CONSTRUCTION MANAGER All references to the Construction Manager in Parts 1 and 2 of this Agreement are intended only for clarification of the rights and responsibilities of the Owner and Architect respectively. The Construction Manager is not a third party beneficiary under any provision of Parts 1 or 2. §2.9.6 The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas;TBAE,P.O.Box 12337,Austin,Texas 78711,(512) 305-9000(T),(512)305-8900(F). §2.9.7 PROPRIETORY INFORMATION Proprietary Information:All portions of this proposal are considered by the ARCHITEXAS team to be trade secrets and proprietary information under Section 552.110 of the Texas Public Information Act, which if released without ARCHITEXAS permission, would give advantage to competitors. As such, Owner agrees to comply with the Texas Public Information Act if it receives a request for information seeking this proposal. MA Document B14ITM—1997 Part 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.W AKNINO:This AlA' tMcwmant is protected by U.S Copyright Law and intornauonal Trealias 12 Unauthwksod roptoductlon or dastrlbution of Ihla AlA'Document,or any portion of It.may result In**vmo civil sad criminal perm/Use.and will be prosecuted lu the maximum,oxtent r.34o$31bill under the law. This document was produced by ALA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) By its execution,this Standard Form of Architect's Services:Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect,AIA Document B141-1997,that was entered into by the parties as of the date: OWNER ARCHITECT (Signature) (Signature) I John Mondy,Mayor Craig Melde,Principal (Printed name and title) (Printed name and title) 456271v1 AIA Document B141110—1997 Net 2.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved.WARNING:this AIA' t)oCUTanl is protected by 1./.9 Copyright law end Imarnsttonnt tnsiw 13 Unnulhorlxod ter,oduollon d dlshlbullotl 01 this ALA'Docurn•rrl,or any portion 0411,may resell In savers mu and criminal penalties.and will b.. prosecuted W It,a maximum Oxlerrt posstbie etas.the law This document was produced by AlA software at 16:34:59 on 07/19/2006 under Order No.1000198376_1 which expires on 9/30/2006,and is not for resale. User Notes: (2834996688) • ,AIA Document G606' - 2000 Amendment to the Professional Services Agreement Amendment Number:001 TO:Mr.Mark Roath (Owner's Representative) In accordance with the Agreement dated:July 25,2006 BETWEEN the Owner: City of Wylie 2000 Highway 78 North Wylie,Texas 75098 and the Architect: ARCHITEXAS-Architecture,Planning and Historic Preservation,Inc. 1907 Manila St. Dallas,Texas 75201 for the Project: (Name and address) City of Wylie-New Library (Site in Wylie to be Determined) Authorization is requested ®to proceed with Additional Services or a Change in Services. 0 to incur Additional Reimbursable Expenses. As Follows: Design Services for a new public library as desribed in Article 2.4 Design Services in AIA Document B 141-1997 Part 2.The public library approximately 45,600 square feet.Construction Procurement Services and Contract Administration Services will be an additional amendment to the contract after pm-design services are completed.In addition,fees for civil engineering and landscape design services will be added upon selection of a site. The following adjustments shall be made to compensation and time. (Insert provisions in accordance with the Agreement,or as otherwise agreed by the parties.) Compensation: Compensation to be a fixed fee for Design Services of$510,000.00 Invoicing will be based on percentage of completion in each of the following phases of work and the values represented for each phase: Schematic Design $120,000.00 Design Development 130,000.00 Construction Documents 260,000.00 Time: To commence upon selection of the site at which time a time schedule for the services will be submitted to the owner The following is a schedule for the design process through construction documents.If the schedule should extend beyond this time frame,at no fault of the architect,services will be additional services. Schematic Design 3 months Design Development 3 months Construction Documents 3 months. AlA Document©806,—2000.Copyright©2001 by The American Institute of Architects. Ali rights reserved. W ANNit4G.This MA' Uoavaicttt Is uroiet:Hsit by tt 5 +':op}r#ofst t.nw and irrtetnsitonat Troittet tsnauthruiser$repradhtcitnn at dhorlbuttnn at flit,.AfA Do..ntnunt,to my potlinn may rcouft lit eevarto cin°H aril Criminal WWII* and will be prasacufoa to the tnnxiruunt rxtent peketnhte under the taw. This document was produced by Apt software at 11:32:01 on 07/19/2006 under Order No.10001 t98376_1 which expires on 9/30/2008,and is not for resale. User Notes: (2078682305) • SUBMITTED BY: AGREED TO: (Signature) (Signature) • Craig Meade,Principal John Mondy,Mayor (Printed name and title) (Printed name and title) (Date) (Date) MA Document G606 0-2000.Copyright 02001 by The American Institute of Architects. All rights reserved. wAtintNL.unto MA. Dracunuoi la tirnler.Wd by 111..l:uN yrlpttt Lew.anJ Ina wnnllanal Treaties llnqulhurleetl rpitrodUCIWo nr dlsirlburlon n1 t11Ia AIA' t nc,nnpnt,or•n}prrrlrmr of It, �f inntm,un In asvern shill and crtminal ponellias,and will b4 proaseulad to 190 maximum ordain posaihis under Mu law. This document was produced ` by AlA ware at 1122 01 on 07/19/2006 under Order No.1000196376_1 which expires on 9/30/2006,and is not for resale. User (2076582305) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 25, 2006 Item Number: Department: City Manager (City Secretary's Use Only) Prepared By: Mark B. Roath Account Code: Date Prepared: July 17, 2006 Budgeted Amount: Exhibits: Subject Discussion on the FY 2006/2007 Annual Budget for the City of Wylie. Recommendation Discussion The City Administration is pleased to have the opportunity to present and answer questions about the proposed the FY 2006/2007 Annual Budget to the City Council. Approved By Initial Date Department Director City Manager MBR 07/17/2006 Page 1 of 1