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08-22-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, August 22, 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.ivvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. 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. August 22,2006 Wylie City Council Regular Meeting Agenda Page 2 of 4 A. Approval of the Minutes from the August 8, 2006 Regular Meeting of the City Council and August 15, 2006 Special Called Budget Work Session Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to sign a Step Wave Program Grant with the State of Texas Department of Transportation in the amount of $15,000. (J. Butters, Police Chief) C. Consider, and act upon, authorizing the Mayor to sign a contract with Collins Propane for the sale and delivery of propane gas for City facilities. (M. Sferra, Public Services Director) REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing on the proposed tax rate of$0.715 for Fiscal Year 2006-2007. (L. Williamson, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws, City Council took a roll call vote on the proposed tax rate and scheduled two public hearings. This is the first of two public hearings to be held to provide taxpayers an opportunity to discuss the proposed tax rate. The final vote on the proposed tax rate is scheduled to be held September 12,2006. 2. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-53 amending the Official Zoning Map for specific commercial and industrial zoning districts to conform to the newly adopted zoning regulations. (M. Manson, Assistant City Manager) Executive Summary The City Council approved revisions to the Comprehensive Zoning Ordinance on January 24,2006. Upon adoption, Business Center(BC)and Industrial(I)districts were eliminated and Light Industrial(LI)and Heavy Industrial(HI) were created,resulting in the need to update the Official Zoning Map. General Business (and Public Hearing) 3. Consider, and act upon, the adoption of Ordinance No. 2006-54, 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) Executive Summary This annexation is at the request of property owner,Michael Hood. The subject property is located on the west side F.M. 544, north of the Braddock Place Development and east of the Twin Lakes Subdivision. In compliance with state law, the required schedule has been followed and two public hearings have been held at which interested persons have been given the opportunity to be heard. 4. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-55, amending the zoning from Agriculture (A) to Planned Development (PD) District to allow for single- family residential of varied densities, generally located south of Stone Road and west of F.M. 544. (ZC 2006-11). (M. Manson, Assistant City Manager) August 22,2006 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary This zoning case is subject to fmal acceptance of annexation. The subject property is located south of Stone Road and west of F.M. 544. The applicant,Michael Hood, is requesting to rezone 61.28 acres to allow for single family residential uses of varied densities. The Planning and Zoning Commission voted to recommend approval 6-1. 5. Consider, and act upon, authorizing the Mayor to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing. (M. Manson, Assistant City Manager) Executive Summary The land subject to the proposed Development Agreement is a 61.26 acre tract of land known as the Hood property, or Alanis Crossing. The purpose of the proposed Development Agreement is to address the dedication of right-of- way and construction of Alanis Drive. 6. Consider, and act upon, Resolution No. 2006-23(R) requesting that the State of Texas Department of Transportation release ownership and control of F.M. 1378 from F.M. 3412 to F.M. 2514. (C. Hoisted, City Engineer) Executive Summary In 2003, Collin County funded$3,000,000 for the engineering and construction of F.M. 1378 from Brown Street to Parker Road. The City of Wylie funded approximately$9,700,000 for the construction of the roadway. Removing the roadway from the state system would reduce the construction cost of the project, speed up design and right-of- way acquisition, and allow the City to administer utility relocations necessary for paving improvements. The City would accept any maintenance responsibility for the roadway until reconstructed. 7. Consider, and act upon, authorizing the Mayor to execute a contract between the City of Wylie, Texas and Dataprose Billing Solutions to provide for the printing and mailing of utility bills, internet utility bill presentment and online utility payment facilities. (L. Williamson, Finance Director) Executive Summary The Utility Billing Division has had many requests from city utility customers for the ability to pay their utility bills online. The proposed contract would include printing and mailing of utility bills as well as online bill presentment and online bill paying. The proposed contract term would be from October 1,2006 to September 30,2009. 8. Consider, and act upon, affirming that East Fork SUD and Wylie Northeast SUD should enforce their Drought Contingency Plans within the corporate limits of the City of Wylie. (M. Witter, Public Information Officer) Executive Summary The current ordinance and Drought Contingency Plan adopted encompasses the entire city. East Fork SUD has requested that the city distinguish that Wylie residents served by East Fork or Wylie Northeast should follow the watering day and restrictions established by their water provider. 9. Consider, and act upon, appointments to the Public Arts Advisory Board for terms to expire in June of 2007 and June of 2008. (Mayor Pro Tem Porter, Chair of Advisory Interview Panel) August 22,2006 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary The City Secretary's Office solicited applications for the newly established Public Arts Advisory Board. A total of 28 applications were received and interviews were conducted by an interview panel consisting of Mayor Pro Tern Carter Porter, Councilman Newsom, and Councilman Byboth. The 2006 Boards and Commissions Interview Panel have provided their recommendations for Council consideration and action. WORKSESSION • Discussion, and possible direction, on 2006 Water and Wastewater Rate Study prepared by McLain Decision Support Systems. READING OF ORDINANCES In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: SS 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I cert5 that this Notice of Meeting was posted on this 18th day of August, 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.i-,'vlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 8, 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 Eric Hogue, Councilman Red Byboth, Councilman Earl Newsom, Councilman Rick White, and Councilman Merrill Young (arrived at 7:28 p.m.). Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted; Library Director, Racheal Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Dave Eden representing the New Hope Church gave the Invocation and Councilman White led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There was no one present to address Council during Citizens Comments. 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 25, 2006 Regular Meeting, July 31, 2006 and August 1, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) Minutes—August 8, 2006 Wylie City Council Page 1 B. Consider, and act upon, a Final Plat for A& W Properties Addition No. 2, generally located north of F.M. 544 and west of F.M. 1378 (Country Club Drive). (M. Manson, Assistant City Manager) C. Consider, and act upon, a petition from Adams Engineering to defer the installation of landscaping for Collins Estates Subdivision. (C. Holsted, City Engineer) D. Consider, and act upon, acceptance of a Tobacco Compliance Grant from the State of Texas Comptroller's Office in the amount of$3,000.00. (J. Butters, Police Chief) E. Consider, and act upon, authorizing the Mayor to enter into a Child Abuse Task Force Interlocal Agreement. (J. Butters, Police Chief) F. Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project, authorization of final payment, in the amount of $199,558.75, to Site Concrete, Inc., and acceptance of the project as complete. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young absent. REGULAR AGENDA Public Hearing 1. Conduct a Public Hearing and consider, and act upon, Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that Ordinance No. 2006-28 permits the sale of alcohol in the Corridor Commercial (CC), Light Industrial (LI), Heavy Industrial (HI), and Downtown Historic Districts (DTH). Ms. Manson stated that with the original ordinance, it was the intent of staff and Council to be as conservative as possible. Since adoption of the ordinance, staff has received four requests that the ordinance be amended to permit the package sale of alcohol in all non-residential zoning districts. She further explained that in reviewing the Texas Alcoholic Beverage Codes, it was required that all businesses be treated the same in regard to the sale of beer and wine. Simply put, we can not treat grocery stores and convenience stores differently than other retail stores; across all retail districts. Ms. Manson stated that she would be happy to answer any questions. Councilman White asked if a retail store surrounded by residential housing would be permitted to sell beer and wine if they were within the new proposed ordinance. Ms. Manson replied that yes they could, within the Community Retail and Community Services; they would still have to meet all other zoning requirements as to distance from churches and schools. Councilman White asked if the issuance of a Special Use Permit could be required in these areas. Ms. Manson stated that according to the law, convenience stores in retail areas had to be treated the same and could not have additional requirements not required of other retail zoning areas. Mayor Mondy asked what options were available. Ms. Manson stated the only control that the City could take would be to disallow any convenience stores in the retail areas in question if Council wished Minutes—August 8, 2006 Wylie City Council Page 2 not to sell beer and wine in these areas. Councilman Newsom asked Ms. Manson if this proposed Ordinance was taking the existing Ordinance and realigning it with State Law. Ms. Manson replied that it was. Public Hearing Mayor Mondv called opened the Public Hearing at 6:05 p.m. William Dovce Taylor, operator/owner of the Kwik Chek, 617 S. Highway 78, Wylie, Texas addressed Council stating that he was very much in favor of the amendments in Ordinance (2006-48) establishing regulations governing the sale of alcoholic beverages. He stated that he believed the amendment provided competitive sales and was fair to all retailers in Wylie. Mayor Mondy closed the Public Hearing at 6:07 p.m. Council Discussion Council Action A motion was made by Councilman Byboth, seconded by Mayor Mondy to approve Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). A vote was taken and passed 6-0 with Councilman Young absent. General Business 2. (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) Council Action A motion was made by Councilman Hogue to remove Item #2 (Ordinance No. 2006-42 from the table). Consensus of Council was to remove and consider. Council Discussion Councilman Hogue read comments given by Councilman Young stating that Councilman Young did not believe a City Code of Ethics was required due to the Texas State Laws which addressed all items within the proposed City Ordinance. He also stated that he did not believe Wylie Board and Commissions should be disallowed from doing business with the city when acting under the State bidding requirements; however Council should not. Councilman Hogue then explained to Council that he had contacted the City Attorney's Office regarding this proposed code. He explained that he had problems with the restrictions it enacted. He explained that with this ordinance in place, there would be issues with doing simple proclamations for citizens and other types of common communication and awards. He stated that he had asked Ms. Fort at the City Attorneys Office if other cities had adopted these types of ethics ordinances. He explained that she replied that Frisco had adopted such an ordinance and had regretted that action. He stated that if the City of Wylie Charter and other local laws addressed ethics, then there was no need to readdress these issues. Mayor Pro Tern Porter commented that there were other ethics ordinances that could be adopted in lieu of this ordinance. Mayor Mondy replied that they all restate the requirements in State Law. Councilman Byboth stated that he felt a City Ordinance would be redundant. Councilman White asked if other cities had Ethics Ordinances. Councilman White asked if other cities could be polled to see if they had an Ethics Ordinance in place. Mayor Mondy stated that at the end of the day, what Minutes—August 8, 2006 Wylie City Council Page 3 willing to live with under public scrutiny. Mayor Mondy stated that he wanted to withdraw his sponsorship regarding this item. No Action Taken Consideration of Ordinance No. 2006-42 establishing a Code of Ethics was not taken due to the lack of a motion. "Denied due to lack of a motion". 3. Consider, and act upon, Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that TxDOT recently completed a speed-zone study for S.H. 78 in the City of Wylie. Approval of this ordinance will authorize TxDOT to install the appropriate speed limit signs along S.H. 78. Mayor Mondy asked if there was anything that could be done to make sure these recommendations were correct. City Engineer Hoisted stated that the only thing the City could do, would be to request from TxDOT additional speed work (survey). He explained that when the new lanes were constructed on S.H. 78, another survey would be conducted. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to approve Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. A vote was taken and passed 6-0 with Councilman Young absent. 4. Consider, and act upon, issues surrounding the Wylie Economic Development Corporation (WEDC) for FY 2006-2007 Budget. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the Wylie Economic Development Corporation Board of Directors approved the proposed FY 2006-2007 Budget on July 20, 2006. Mr. Satterwhite reviewed some of the areas of the proposed budget and what they included. He explained that there would be $1.7 million dollars available from revenues in the FY 2006-2007 budget year. He explained that 12% was listed for personnel, 17% operating, and 71% was direct economic development programs. Mr. Satterwhite answered questions from Council. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve the Wylie Economic Development Corporation (WEDC) FY 2006-2007 Budget as presented. A vote was taken and passed 6-0 with Councilman Young absent. 5. Consider, and act upon,Resolution No. 2006-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Minutes—August 8, 2006 Wylie City Council Page 4 Staff Comments Finance Director Williamson addressed Council stating that In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. The first scheduled public hearing will take place on August 22, 2006. A second public hearing is scheduled for August 29, 2006. The City Council's vote on the tax rate is scheduled for September 12, 2006. Mr. Williamson stated that the proposed tax rate for the 2006-2007 fiscal year was $.715 per $100 of valuation. He stated that the effective tax rate for this time period was $.665. Council Discussion Mayor Mondy asked Mr. Williamson if the City had received the certified tax roll. Mr. Williamson replied that the certified roll had been received last Friday, but this proposed tax rate was based on the preliminary tax roll. Mayor Mondy then asked if the Council was voting on an invalid number. Mr. Williamson stated that there was actually $50 million dollars more in assessed value contained in the certified roll and would provide the City with additional funds and allow Council to work with the proposed tax rate/budget. Mayor Mondy asked if this proposed tax rate would place the City anywhere close to a roll back tax rate. Mr. Williamson replied that the roll back rate was set at $.726 per $100 of valuation. Mayor Mondy asked when the final proposed budget would come back to Council. City Manager Roath replied that the Compensation Task Force had met once and planned to meet again this week. He explained once the committee recommendations were received and other suggested changes were made, an additional work session could be called. Mayor Mondy asked that a work session be called for August 15, 2006 to discuss the proposed 2006-2007 budget. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve Resolution No. 2006-22(R) accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of a effective tax rate; establishing dates for public hearings for August 22, 2006 and August 29, 2006 at 6:00 p.m. in the City Council Chambers; and providing for the publication as provided by the Texas Property Tax Code. Mayor Mondy then took a roll call vote with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue, Councilman Newsom, Councilman Byboth, and Councilman White voting for with Councilman Young absent. 6. Consider, and act upon, Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005-2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's office. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that with the WEDC Executive Director relocating his office from the City Hall, Mayor John Mondy has requested that the office be furnished. Adoption of Ordinance No. 2006-50 would amend the 2005-2006 Annual Budget to provide funds for the purchase of items for the office. Council Discussion Mayor Mondy stated that he did not know why this item was not included in the new budget. City Manager Roath explained that the timeline for ordering furniture was 6-7 weeks and if he waited until October to order,the furniture would not be in before the end of November or December. Minutes—August 8, 2006 Wylie City Council Page 5 Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman White to approve Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005- 2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's office. A vote was taken and passed 6-0 with Councilman Young absent. 7. Consider, and act upon, Ordinance No. 2006-51 amending Ordinance No. 2005-41, (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of$2,500; additional electricity in the amount of$75,000; a water rate study in the amount of $14,500; and asphalt work on West Brown Street in the amount of$293,700. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the adoption of Ordinance No. 2006-51 would amend the 2005-2006 Annual Budget to provide funds for electricity at municipal buildings, the city's portion of a $5,000 commitment to Collin County Community College Foundation, the recently completed water rate study, and asphalt work on West Brown Street. Council Discussion Mayor Mondy asked City Engineer Hoisted if the work completed by TxDot would make the numbers for the asphalt work on West Brown Street less. City Engineer Hoisted replied that it depended on what type of work the Council intended to do. If a complete asphalt overlay was requested, this number would be good but if the Council wished TxDot to perform the work, time would be the only factor. Mr. Hoisted explained that he did not believe work needed to be done at this time due to the road being redone in a couple of years. Mayor Mondy asked Mr. Hoisted if this was his recommendation; to not spend the $293,700. for the asphalt overlay. Mr. Hoisted replied that it was. Mayor Mondy asked about the additional electricity needed for the Municipal buildings. Finance Director Williamson explained to Council that due to the hot weather and the increase in energy prices, this budget amendment was required. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Byboth to approve Ordinance No. 2006-51 amending Ordinance No. 2005-41, (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of $2,500; additional electricity in the amount of$75,000; a water rate study in the amount of$14,500; and to exclude from the Ordinance, the amendment for asphalt work on West Brown Street in the amount of $293,700. A vote was taken and passed 6-0 with Councilman Young absent. 8. Consider, and act upon, AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 — 1997, between the City of Wylie and Thos. S. Byrne, Ltd., related to construction management services for the new Library, City Hall and Recreation Center. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on June 13, 2006, City Council selected Thos. S. Byrne, Ltd. as the construction manager for the new Library, City Hall and Recreation Center. Upon the Council's selection, the City Administration began the negotiation process for a contract. Mr. Roath Minutes—August 8, 2006 Wylie City Council Page 6 explained that this was the base document for the three buildings and the contract for the Library. He stated that there were inclusions in the documents such as insurance requirements. One of the concepts is that the Construction Manager will work with the Design Architect during the design phase and at the end of the design phase, will give a guaranteed price on what the firm will guarantee to build each facility for; Council will have the final decision regarding pricing. The construction manager will also take care of all sub contractor bids and oversee the work performed. Council/Construction Manager Discussion Keith Bjerke representing Thomas S. Byrne, Ltd. addressed Council stating that he was happy to answer any questions regarding this contract. Mayor Pro Tem Porter asked Mr. Bjerke what the costs would be regarding this contract. Mr. Bjerke replied that Thomas S. Byrne had worked with both the City Manager and Julie Fort of the City Attorney's Office on this base document. It spells out the fees and charges which include a 5.5% fee over and above the actual contractor costs. We are providing project management services, construction services to manage the subcontractors, manage the scheduling of work, and make sure all work is completed in a safe and timely manner with quality construction. The total construction revenue available is approximately$26 million. This computes to around $1.2 million for the services provided for all three buildings. He explained that the company had subcontractors that Thomas S. Byrne used on a regular basis; but noted, that with municipal buildings the state bidding process would be used as required. He explained that Article 6 (page 10) of the contract spelled out any expenses that could be charged over and above the 5.5%fee. Mayor Mondy asked City Manager Roath what his recommendation was regarding this contract. City Manager Roath replied that his recommendation was to move forward with the contract with Thomas S. Byrne as presented. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue, to accept and approve AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 — 1997, between the City of Wylie and Thos. S. Byrne, Ltd., related to construction management services for the new Library, City Hall and Recreation Center. A vote was taken and passed 6-0 with Councilman Young absent. 9. Consider, and act upon, Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that a twenty-five year gas franchise was granted to Lone Star Gas Company, now assigned to ATMOS Energy Corporation, on March 10, 1981. Prior to expiration, the City Manager and City Attorney commenced negotiations with a representative of ATMOS on a new gas franchise. The proposed ordinance extends the current franchise until September 30, 2006 or until a new franchise becomes effective,whichever occurs earlier. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. A vote was taken and passed 6-0 with Councilman Young absent. Minutes—August 8, 2006 Wylie City Council Page 7 10. Consider, and act upon, the acceptance of the resignation of Weldon Bullock and the appointment of two members to the Zoning Board of Adjustment to fill two unexpired terms. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that staff is requesting the appointment of two new members to the Zoning Board of Adjustments (ZBA). The appointments would fill the unexpired terms of Weldon Bullock and Jan Sargent. It is recommended that the new appointments serve as alternate members, and two current alternate members, Layne LeBaron and Jeff Ellis, be appointed as regular members of the Zoning Board. Council Action A motion was made by Councilman Byboth, seconded by Mayor Pro Tern Porter to appoint Jeff Ellis and Layne LeBaron to the Zoning Board of Adjustments acting board (currently alternates) and appoint Willie Osborne and Karen McGinnis to the Zoning Board of Adjustments as alternates. A vote was taken and passed 6-0 with Councilman Young absent. Mayor Mondv convened into Work Session at 7:20 p.m. Councilman Merrill Young arrived at 7:28 p.m. WORK SESSION • Consider and provide direction on a proposal by Skorburg Company for the 61.28 acre Hood tract located south of Stone Road and west of F.M. 544. (Zoning Case 2006-11) (M. Manson, Assistant City Manager) Representatives from Skorburg Company gave a short presentation regarding the upcoming Public Hearing and consideration of zoning approval for the Hood tract in Wylie. Tim Coltart, representing Skorburg asked for direction from Council regarding the PD (Zoning Case 2006- 11). Council gave Mr. Coltart (Skorburg Company) some comments regarding the size of homes, lots and design of the development. Public hearing and action on this zoning case will be heard on August 22, 2006 at the Regular City Council Meeting. Council direction included: open swell roads with no sidewalks, construct a birm throughout development and to the north, moving the road to accommodate property owners abutting the development and best alignment of the road, square footage of homes to be 10% at a minimum of 2,600 sq. ft., 90% be at a minimum of 3,000 sq. ft., and lots abutting property owners to be 3,600 sq. ft minimums, development agreement regarding the construction of Alanis Drive, set backs at 30 feet, and park dedication fees be paid in full. • Presentation by design firms of Carter & Burgess, Inc., Halff Associates, and Teague Nall and Perkins for design services related to the Founders Park Improvements. (M. Sferra, Public Services Director) Minutes—August 8, 2006 Wylie City Council Page 8 Parks Superintendent Bill Nelson introduced the firms of Carter & Burgess, Inc. and Half Associates. Presentations by both firms for design services related to the Founders Park Improvements were conducted. Questions were addressed by City Council and answered by the firms. RECONVENE IN TO OPEN SESSION Mayor Mondy re- convened into Regular Session at 9:20 p.m. 11. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract beginning with the top ranked firm for the Founders Park Improvements. (M. Sferra, Public Services Director) Staff Comments City Manager Roath addressed Council stating that, should the City Council select a design firm, from the finalist presented tonight, then the City Manager will initiate negotiations relative to scope, services, fees and payment schedules with the top ranked firm. He explained that if a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue to rank Half Associates first and authorizing the City Manager to negotiate a contract beginning with Half Associates for the Founders Park Improvements. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue, Councilman Byboth, and Councilman White voting for and Councilman Young voting against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the captions to Ordinances 2006-48, 2006-49, 2006-50, and 2006-51 and 2006-52 into the official records. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 9:30 p.m., with Councilman Newsom making the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 8, 2006 Wylie City Council Page 9 7A( Wylie City Council CITY OF WYLIE Minutes Special Called Meeting/Work Session Wylie City Council Tuesday, August 15, 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 Earl Newsom, Councilman Rich White, and Councilman Merrill Young. Councilman Red By both 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; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff and employees. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Newsom gave the Invocation and Councilman Young led the Pledge of Allegiance. WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) City Council continued their discussion of the FY 2006/2007 Annual Budget with City Manager Roath and specific Directors regarding their appropriate budget requests. City Manager Roath explained that in the past weeks, the Compensation Task Force and Public Sector consultant, Matt Weatherly had met twice to discuss and revise recommendations for the 2006 City of Wylie Pay Plan. He stated that the Task Force along with Chair, Chief Butters were present to discuss their recommendations. Police Chief Butters addressed Council stating that it was the Minutes—August 15, 2006 Special Called Meeting/Work Session Wylie City Council Page 1 recommendation of the Compensation Task Force to present this pay plan which in their opinion treated everyone the same. He explained that the recommendation was for 100% of market relationship and the structure design would be 2.5% steps, with a total of 13 steps per grade, for all employees. Two key factors to achieve were: (1) all employees below step 1 would go to step 1 and (2) all employees between steps, would go to the next highest step. He explained that in addition, there would be tenure for employees with the City, starting with the first year, which would raise each employee by incremental steps up to 15 years. If employees received less than 5% within this plan the first year, they would be allowed an increase, on their anniversary date, to ensure they received the 5% increase for the year. He explained that this impacted around 117 employees. He stated that the recommendation did not have cost of living included as the new plan would compensate for the cost of living percentages given in precious years. City Manager Roath explained the adjustments that were made since the last work session in regard to recommendations made by council during those previous work sessions. Council and Staff discussion also included: increasing the Streets Budget to include an additional $150,000 to $225,000. for asphalt overlay maintenance for streets stressed by the drought and in need of repair; increasing fuel prices for the Police Department based on rising fuel costs, discussion of water issues pertaining to revenues for water during possible Stage 4 restrictions, increase of fees for water in the Utility Fund, and appropriations of funds for downtown lighting which was not recommended at this time by Council. Mayor Mondy voiced his opinion regarding the recommendations of the 2006 Compensation Task Force for the New Pay Plan by saying that starting back in 1993, attention was made to the existing compensation plan. Council at that time, made the decision to wait, and through the years the plan remained the same. It is time to do something for the employees; "We have waited long enough and we need to approve this plan or we may start losing personnel". He advised staff to be vigilante and alert Council to any changes in revenues in the coming years so they could be addressed by reductions if necessary or slowing capital improvements. Councilman Young suggested receiving monthly updates regarding year to date revenues and expenses to keep touch with the local economy. ADJOURNMENT With no further business before Council, the Work Session was adjourned at 7:20 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 15, 2006 Special Called Meeting/Work Session Wylie City Council Page 2 ti Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: B Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: August 2, 2006 Budgeted Amount: $4,358.00 Exhibits: One Subject Consider, and act upon, authorizing the Mayor to sign a Step Wave Program Grant with the State of Texas Department of Transportation in the amount of$15,000. Recommendation Motion to authorize the Mayor to sign the 2007 Step Wave Program Grant. Discussion The Texas Department of Transportation has awarded the City of Wylie a $15,000.00 grant for 2007. The grant money is to be used to pay off-duty officers to work traffic during holidays. The grant requires the Police Department to focus on speeding violations and DWI arrests. The local match requirement for 2007 equals $4,358.00 and is incorporated in the 2007 Annual Budget. The 2006 Step Wave Grant generated over $100,000 in local revenue, which is a cost effective tool to combat traffic safety problems. Approved By Initial Date Department Director City Manager MBR 08/16/2006 • Page 1 of 1 —For TxDOT Use Only- ® Federal Pass Through Misc. Contract Number: Grant Funds CFDA#20.600 Charge Number: n State Grant Funds Project Year: 2 PIN(14 characters only): 17560007191006 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Wylie, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement,the Subgrantee is designated as a(n): ❑ State Agency ❑Non-Profit Organization ® Unit of Local Government ❑ Educational Institution ❑ Other(describe): AUTHORITY: Texas Transportation Code, Chapter 723,the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s)2006. Project Title: STEP-WAVE Brief Project Description: To conduct overtime traffic enforcement focusing on specific traffic law violations during high traffic volume holiday periods in order to reduce traffic crashes, injuries and fatalities. Grant Period: The Grant becomes effective on October 1,2006, or on the date of final signature of both parties,whichever is later, and ends on September 30,2007, unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $15,000. The following attachments are incorporated as indicated as a part of the Grant Agreement: • Attachment A, Mailing Addresses • Attachment B,General Terms and Conditions(TxDOT Form 1854) • Attachment C,Project Description (TxDOT Form 2076) in Attachment D, Action Plan (TxDOT Form 1852) • Attachment E,Project Budget(TxDOT Form 2077 or 2077-LE) ® Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page 1 of 1 TxDOT Form 2075 STEP Wave(rev. 6/29/2006) Project Title: STEP - WAVE TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will include, but not be limited to,the following: performance reports, final performance report and administrative evaluation report,Requests For Reimbursement(RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of Wylie Executed for the Executive Director and approved [Legal Name of Agency] for the Texas Transportation Commission for the purpose and effect of activating and/or carrying By out orders, established policies or work programs [Authorized Signature] approved and authorized by the Texas Transportation Commission. John Mondy [Name] By Mayor District Engineer [Title] Texas Department of Transportation Date: William L. Hale, P.E. [Name] District Engineer Under authority of Ordinance or Resolution [Title] Number(for local governments): Date: By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Page 2 of 2 TxDOT Form 2075 STEP Wave(rev. 6/29/2006) Attachment A Project Title: STEP - WAVE Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports,claims,and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code,which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee(Project Director): Name: Mike Atkison Title: Lieutenant Organization: Wylie Police Department Address: 2000 N. Hwy 78 Wylie,TX 75098 Phone: 972-442-8183 Fax: 972-429-8662 E-mail:mike.atkison@wylietexas.gov Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However,the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Pat Hickman Title: TSS Organization: Texas Department of Transportation Address: 4777 E. Hwy 80 Mesquite, TX 75150-6643 Phone: 214-320-6235 Fax: 214-319-6568 E-mail: phickma@dot.state.tx.us Page 1 of 1 TxDOT Form 2075 STEP Wave(rev. 6/29/2006) Attachment A Project Title: STEP - WAVE Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee(Project Director): Name: Mike Atkison Title: Lieutenant Organization: Wylie Police Department Address: 2000 N. Hwy 78 Wylie, TX 75098 Phone: 972-442-8183 Fax: 972-429-8662 E-mail: mike.atkison@wylietexas.gov Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However,the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Pat Hickman Title: TSS Organization: Texas Department of Transportation Address: 4777 E. Hwy 80 Mesquite, TX 75150-6643 Phone: 214-320-6235 Fax: 214-319-6568 E-mail: phickma@dot.state.tx.us Page 1 of I TxDOT Form 2075 STEP Wave (rev. 6/29/2006) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR(Code of Federal Regulations), Part 18; 49 CFR,Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant;and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,"49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. Page I of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Page 2 of 12 TxDOT Form 1854 (rev. 7/20/200-'1) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant(budget) amendment, as long as the overrun does not exceed a total of five(5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. I the overrun is five(5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s)for the overrun. Any overrun of more than five(5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget(Form 2077-LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or B, "Pl&E Activities,"to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or C, "Other,"to exceed the TxDOT amount listed in Subcategory B, "Pl&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities,"or C, "Other," can only be exceeded within the 5 percent flexibility,with underrun funds from Budget Categories II or Ill. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E,Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant(replace)funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. Page 3 of 12 TvDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget(OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits,the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing,those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work,the Department shall so advise the Page 4 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. Page 5 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four(4)years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law,to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law,the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. if the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. Page 6 of 12 TxDOT Form 1854 (rev. 7/2 0/2 0 0 41 Attachment B Project Title: STEP Wave Subgrantee: City of Wylie ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law(PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business Page 7 of 12 Tl"DOT For»n 1854 (rev. 7/20/200-I Attachment B Project Title: STEP Wave Subgrantee: City of Wylie lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee,to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty,the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere wish its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: Page 8 of 12 T.xDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. ill rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions),title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. Ai/rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Page 9 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion,or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard,the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. Page 10 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3)year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state,or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. Page 11 of 12 7zDOT Forni 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of Wylie This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity,the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: htt /www.dot.state.tx.us/cso/default.htm. Page 12 of 12 T_xDOT Form 1854 (rev. 7/20/2004) Attachment C Project Title: STEP — Wave Name of Subgrantee: City of Wylie Traffic Safety Project Description I. OBJECTIVES This grant includes the following enforcement elements: (Please mark all that apply. Elements and Wave periods selected must match STEP Wave application.) Occupant Protection X Speeding N D W I This grant includes the following Wave periods: STEP Wave agencies must work two (2) required Wave periods: Memorial Day and Labor Day. The STEP Wave application gave the agencies the opportunity to select up to four (4) optional Wave periods from the following list: Halloween, Thanksgiving, Christmas/New Year's, Valentine's Day, Spring Break, Independence Day, or a local special event period. The Objectives of this grant are to accomplish the following in each enforcement element during the selected Wave periods by September 30, 2007: (Change the N/A to a number where applicable. Do not include percent symbols on survey information.) Objectives/Performance Measures Number A. Number and type citations to be issued under STEP Halloween Wave 1. Safety belt citations to be issued during this Wave N/A 2. Child safety seat citations to be issued during this Wave N/A 3. Speeding citations to be issued during this Wave N/A 4. DWI arrests to be made during this Wave N/A Thanksgiving Wave 5. Safety belt citations to be issued during this Wave N/A 6. Child safety seat citations to be issued during this Wave N/A 7. Speeding citations to be issued during this Wave 400 8. DWI arrests to be made during this Wave 4 Christmas /New Year's Wave 9. Safety belt citations to be issued during this Wave N/A 10. Child safety seat citations to be issued during this Wave N/A 11. Speeding citations to be issued during this Wave 400 12. DWI arrests to be made during this Wave 4 Traffic Safety Project Description Page 1 of 6 TA-DOT Fora 2076-STEP Wave (Rev: 6/29/2006) Attachment C Project Title: STEP — Wave Subgrantee: City of Wylie Objectives/Performance Measures Number Valentine's Day Wave 13. Safety belt citations to be issued during this Wave N/A 14. Child safety seat citations to be issued during this Wave N/A 15. Speeding citations to be issued during this Wave N/A 16. DWI arrests to be made during this Wave N/A Spring Break Wave 17. Safety belt citations to be issued during this Wave N/A 18. Child safety seat citations to be issued during this Wave N/A 19. Speeding citations to be issued during this Wave N/A 20. DWI arrests to be made during this Wave N/A Memorial Day Wave 21. Safety belt citations to be issued during this Wave N/A 22. Child safety seat citations to be issued during this Wave N/A 23. Speeding citations to be issued during this Wave 400 24. DWI arrests to be made during this Wave 4 Independence Day Wave 25. Safety belt citations to be issued during this Wave N/A 26. Child safety seat citations to be issued during this Wave N/A 27. Speeding citations to be issued during this Wave 400 28. DWI arrests to be made during this Wave 4 Labor Day Wave 29. Safety belt citations to be issued during this Wave N/A 30. Child safety seat citations to be issued during this Wave N/A 31. Speeding citations to be issued during this Wave 400 32. DWI arrests to be made during this Wave 4 Optional Local / Special Event Wave 33. Safety belt citations to be issued during this Wave N/A 34. Child safety seat citations to be issued during this Wave N/A 35. Speeding citations to be issued during this Wave N/A 36. DWI arrests to be made during this Wave N/A B. Total number of enforcement hours for entire grant period 421.42 Traffic Paten Project Description Page 2 of 6 TSDOT Form 2076-STEP Wave(Rev: 6/29/2006) Attachment C Project Title: STEP — Wave Subgrantee: City of Wylie Objectives/Performance Measures Number C. Increase the overall safety belt usage rate among drivers and front-seat passengers by percentage points. (For example: 5 points. The measure must be a number and not a %. This performance measure is for the entire grant from start to completion; each agency will still be required to enter pre and post-survey data for each Wave worked for monitoring purposes) N/A D. Increase the overall speed compliance rate by percentage points. (For example: 5 points. The measure must be a number and not a%. This performance measure is for the entire grant from start to completion; each agency will still be required to enter pre and post-survey data for each Wave worked for monitoring purposes) 6 E. Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 5 2. Submit the following number of Requests for Reimbursement 5 F. Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. 1. Conduct a minimum of one (1) presentation for each STEP Wave conducted. 5 2. Conduct a minimum of two (2) media exposures for each STEP Wave conducted (e.g., news conferences, news releases and interviews). 10 3. Conduct a minimum of(1) community event for grant period. 1 4. Produce the following number of public information and education materials if applicable. N/A 5. Distribute the following number of public information and education materials if applicable. N/A NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non- STEP funded citation and arrest activity due to the prohibition of supplanting. II. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D. Traffic Su/eta Project Description Page 3 of 6 TxDOT Form 2076-STEP Wave(Rev: 6/29/2006) Attachment C Project Title: STEP — Wave Subgrantee: City of Wylie B. The Objectives/Performance Measures shall be included in each Performance Report and summarized in the Final Performance and Administrative Evaluation Report. Submit all required reports to the Department fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions, Attachment B of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay any related Requests for Reimbursement. The Subgrantee must enter all Annex and Performance Report data into the Buckle Up Texas Website (www.buckleuptexas.com). C. A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted electronically via the Buckle Up Texas Website no later than thirty (30) days after the grant ending date. Final Requests for Reimbursements cannot be processed without the submission of the Final Performance Report and AER. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department, as indicated in the Action Plan, to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. When applicable, all newly developed public information and education (P1&E) materials must be submitted to the Department for written approval prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. The manual is located at http://manuals.dot.state.tx.us/docs/coltraff/forms/tfc.pdf. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the district boundaries. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. I. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. J. Carry out the objectives of this grant by implementing the Operational Plan, Attachment F of this Grant Agreement. Traffic Safety Project Description Page 4 of 6 TxDOT Form 2076-STEP Wave(Rev: 6/29/2006) Attachment C Project Title: STEP —Wave Subgrantee: City of Wylie K. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge or identification number, type of grant worked, grant site number, mileage (if applicable) (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department (TxDOT) prior to incurring costs. M. Support grant enforcement efforts with public information and education (PI&E). Salaries being claimed for PI&E activities must be included in the budget. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. P. For Speed Element Waves - Officers assigned to speed enforcement sites should be trained in the use of radar or laser speed measurement devices. Q. For DWI Element Waves - At the time the signatory for the Subgrantee signs the Grant Agreement, they shall provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will be, trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized hield Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. R. For DWI Element Waves - The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. S. For DWI Element Waves - The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. T. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. III. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: Tru//ic Sa/ety Project Description Page 5 of 6 TxDOT Form 2076-STEP Wave(Rev: 6/29/2006) Attachment C Project Title: STEP --Wave Subgrantee: City of Wylie 1. Review of periodic reports 2. Physical inspection of project records 3. Telephone conversations 4. E-mails and letters 5. Meetings B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the Grant Agreement. E. Perform an administrative review of the project at the close of the grant period to include a review of adherence to the Action Plan, Attachment D, the Traffic Safety Project Budget, Attachment E and attainment of project objectives. Traffic Safety Project Description Page 6 of 6 TxDOT Form 2076-STEP Wave(Rev: 6(29/2006) . 4'- ACTION PLAN Attachment D Texas for STEP projects Department o/Transportation Form 1852-LE(rev.7/14/2006) FY 2007 PROJECT TITLE: STEP Wave KEY: j SUBGRANTEE: City of Wylie p = planned activity c = completed activity OBJECTIVE: To complete administrative and general grant requirements by 9/30/2007, as defined below: r — revised ACTIVITY RESPONSIBLE; OC E NO D JA FE..MR AP T 1MYO JNHI JL AU SE OC NO 1. Submit letter regarding signature authority. 9 - - J 12. Submit operational cost per vehicle mile (If applicable). 1Subgrantee p _ p 3. Hold Grant delivery meeting. Department p 4. Attend TxDOT Project Management Course Sub grantee i P ' e ep g p p p p u ' p- pp 6. Submit Requests for Reimbursement. Subgranteep p P 5. Submit Performance Reports. u rantee � 17. Submit Final Performance Report and Administrative 1Subgrantee F f i P 1 — Evaluation Report. g I P P DeP t P , 18. Hold Grant progress review meeting. 'Sub rantee & Dept. P P 9 qtraining9 P 9. Conduct on-site monitoringvisit. De artment �� 110. Submit documentation of anygrant-required (if 1Sub rantee applicable)) 111. Conduct enforcement Subgrantee 1 j 12. Conduct pre and post surveys Subgrantee P p _ ! p p p 1 p— Page 1 of 2 01' ACTION PLAN Attachment D for STEP projects DeparTexastment AirTransportation Form 1852-LE(rev.7/14/2006) FY 2007 PROJECT TITLE: STEP Wave KEY: SUBGRANTEE: City of Wylie p = planned activity c = completed activity OBJECTIVE: To support grant efforts with a public information and education (PI&E) program by 9/30/2007, as r — revised defined below: NTH - - RESPONSIBLE OC NO DE JA FE�MR AP TMYO JN JL ?AU SE OC NO i Modify these activities as appropriate: _ PROJECT ACTIVITY H. Determine types of materials needed. (Subgrantee n/a 2. Develop proposed materials. •Subgrantee fi p p g n/a I 3. Submit proposed materials and the PI&E plan to the Subgrantee n/a. Department for approval. _ 4. Approve materials and plan. Department n/a 1- 5. Produce/distribute materials. Subgrantee n/a I g 7. Conduct presentations. Sub rantee p p P P P 6. Maintain records of all PI & E material received/distributed. Subgrantee n/a 8. Conduct media exposures (e.g., news conferences, news Subgrantee p p p j P P releases, and interviews) i _ l 9. Conduct community events (e.g., health fairs, booths). Subgrantee I 1 I I I_p_- Page 2 of 2 Attachment E Texas Departmentansports tion Traffic Safety Project Budget o/Tr Form 2077-LE (rev.6/29/2006) Page 1 of 2 (for Law Enforcement Projects) Project Title: STEP Wave Name of Subgrantee: City of Wylie Fiscal Year: 2007 (Round figures to nearest dollar) Check here if this is a revised budget. Other/ Date Revised: TxDOT State/Local TOTAL Budget Category I —Labor Costs (100) Salaries ® Overtime or❑ Regular Time Salary rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Enforcement(overtime) I. Officers/Deputies: 421.42 hrs. cr $35.00 per hr. 14,750 14,750 2. Sergeants: hrs. @$ per hr. 0 3. Lieutenants& others: hrs. @$ per hr. 0 B. Pl&E Activities(overtime) See Grant Instructions. hrs. @ $ per hr. 0 C. Other(i.e., overtime staff, supervisory support, conducting surveys) See Grant Instructions. Specify: hrs. c�i $ per hr. 0 Total Salaries 14,750 0 14,750 (200) Fringe Benefits* Specify fringe rates: A. Overtime: 14.65% 2,161 2,161 B. Part-Time: % 0 C. Regular Time: % 0 Total Fringe Benefits 0 2,161 2,161 I. Total Labor Costs (100+200) 14,750 2,161 16,911 * Budget Detail Required: As an attachment to the budget,a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment(400), Supplies (500), Contractual Services (600), Other Miscellaneous(700), and Indirect Cost Rate(800) Attachment E TxDOT Form 2077-LE(rev. 6/29/2006) Project Title:STEP Wave Page 2 of 2 Subgrantee:City of Wylie Fiscal Year: 2007 (Round figures to nearest dollar) Check here if this is a revised budget. Other/ Date Revised: TxDOT State/Local TOTAL Budget Category II—Other Direct Costs (300)Travel* Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses not to exceed the limits reimbursable under state law. A. Travel and Per Diem (includes conferences,training workshops, and other non-enforcement travel) 250 250 B. Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles, not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the travel provisions of the General Appropriations Act. Documentation of cost per mile is required prior to reimbursement. 4,577.00 miles @$0.4800 per mile _ 2,197 2,197 Total Travel 250 2,197 2,447 (400) Equipment* 0 (500) Supplies* 0 (600)Contractual Services* 0 (700)Other Miscellaneous* A. Registration fees(training,workshops,conferences.etc.) _ 0 B. Public information &education (PI&E)materials 0 1. Educational items= $ (eg.: brochures, bumper stickers, posters, fliers,etc.) 2. Promotional items=$ (eg.: key chains, magnets, pencils, pens, mugs,etc.) C. Other 0 Total Other Miscellaneous 0 0 0 II. Total Other Direct Costs(300+400+500+600+700) 250 2,197 2,447 Budget Category III — Indirect Costs (800) Indirect Cost Rate* (at %) 0 Summary: Total Labor Costs 14 750 2,161 16,911 Total Other Direct Costs 250 2,197 2,447 Total Indirect Costs 0 0 0 Grand Total (I+II+III) 15,000 4,358 19,358 Fund Sources (Percent Share) _ 77.49% _ 22.51% * Budget Detail Required: As an attachment to the budget,a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits(200),Travel and Per Diem (300), Equipment(400), Supplies (500), Contractual Services (600), Other Miscellaneous(700), and hldirect Cost Rate(800) BUDGET DETAIL ATTACHMENT Description (200) Fringe Benefits — 14.65% Medicare — 1.45% FICA — 6.2% TMRS — 7% (300) Travel and Per Diem Travel & Per Diem for attending Save a Life Summit Travel & Per Diem for attending Project Management Course will be allocated from enforcement funds if necessary Mileage: 4,577 miles @ $0.48 per mile A justification and detailed cost breakdown for the above cost categories for both the TxDOT and Other/State/Local (Matching) amounts needs to be included. Wylie budget detail 7/20/04 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: C Department: Facilities (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: Date Prepared: August 2, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the Mayor to sign a contract with Collins Propane for the sale and delivery of propane gas for City facilities. Recommendation Motion to authorize the Mayor to sign a contract with Collins Propane for the sale and delivery of propane gas. Discussion Collins Propane, a locally owned business, has submitted a proposal to provide propane for the Municipal Complex and Fire Stations 1 and 2. All other City facilities have natural gas service. The proposal is based on a fixed rate profit margin of $.30 per gallon. The City's price for propane is calculated by adding the vendor's Laid In Cost and the $.30 fixed margin. For example, based on the current Laid In Cost of$1.26, the City's cost would be $1.56 per gallon. The previous supplier has been charging the City $2.25-$3.85 per gallon at a time when the Laid In Cost was running around $1.10 per gallon. The total expenditure for propane during the current fiscal year has been approximately $12,000. Propane expense is budgeted in the Combined Services (also known as Non- Departmental) account for gas utilities which also covers the cost of natural gas for City facilities. The proposed contract would be for a term of three (3) years with options to renew for two (2) additional one (1) year terms. Approved By Initial Date Department Director City Manager MBR 08/16/2006 Page 1 of 1 AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS This Agreement (the "Agreement") is made and entered into this the 22nd day of August, 2006, by the City of Wylie, Texas (hereinafter called the "City"), a Texas municipal corporation, and Collins Propane of the City of Wylie, a Texas corporation (hereinafter called the "Contractor"). WITNESSETH: WHEREAS, Contractor timely submitted a bid proposal to provide propane gas, which is attached hereto as Exhibit "A"(the"Submittal"); and WHEREAS, City has selected Contractor to provide propane gas. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. Scope of Goods and Services. The Contractor shall provide propane gas and related services, equipment and supplies upon the terms and conditions set forth herein and in Exhibit "A" and shall furnish all personnel/superintendence, labor, machinery equipment, tools, insurance, supplies and all other items necessary to provide all of the goods and services. 2. Term. The term of this Contract and the performance of the service by Contractor under this Agreement shall be for a period of three (3) years with a renewal for two (2) additional one (1) year terms with the initial term beginning on August 22, 2006, and ending on August 22, 2009, unless otherwise agreed by the parties in writing. Any party desiring not to renew shall provide at least thirty(30) days written notice to the other party. 3. Cost of Goods and Services. The cost of the goods and services shall be as set forth in Exhibit "A". Contractor shall invoice City on a monthly basis and City shall pay the invoice within net thirty (30) days from receipt in accordance with City policies. 4. Controlling Document. To the extent that Exhibit "A" is in conflict with provisions of this Agreement, the provisions of this Agreement shall prevail. 5. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein. All provisions of the Agreement Documents shall be strictly complied with and conformed to by the Contractor, and no amendment to the Agreement Documents shall be made except upon the written agreement of the parties, which shall not be construed to release either party from any obligation of the Agreement Documents except as specifically provided for in such amendment. AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 1 456928.v1 6. Insurance. The Contractor shall procure and keep in full force and effect throughout the term of this Agreement all of the following insurance policies: a. Worker's Compensation, as required by Texas Law. b. Automobile Liability Insurance with minimum limits of$1,000,000.00 per occurrence. c. General Liability Insurance with minimum limits of$1,000,000.00 per occurrence and a$2,000,000.00 general aggregate limit. 7. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES (COLLECTIVELY REFERRED TO AS "CONTRACTOR" FOR PURPOSES OF THIS SECTION 7), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION 7) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, • RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW,RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 2 456928.v1 WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM,WHETHER IN TORT, CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY OWNER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. OWNER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF OWNER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. Consideration. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 10. Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 11. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 12. Ordinances. Except as specifically provided in the Agreement Documents, the parties agree that contractor shall be subject to all Ordinances of the City, whether now existing or in the future arising. 13. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 3 456928.v1 and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 14. Assignment. This Agreement may not be assigned. 15. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 16. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or b delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same, to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Collins Propane of the City of Wylie If to City, to: City of Wylie Attn: City Manager 2000 Highway 78 North Wylie, Texas 75098 17. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 18. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 19. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 4 456928.vl party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 20. Compliance with the Immigration and Nationality Act ("INA") and the Immigration Reform and Control Act of 1986 ("IRCA")required. Contractor understands and acknowledges the applicability of the INA and the IRCA to him. Contractor agrees to comply with the INA and the IRCA in performing under this agreement and to provide I-9's or other employment eligibility verification documents for Its personnel providing services under this agreement to the City for inspection upon request by the City for purposes of verifying such compliance. 21. Conflict of Interest Questionnaire. Contractor agrees that it is aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Contractor shall execute the Conflict of Interest Questionnaire required by Chapter 176. IN WITNESS, WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals on this the 22nd day of August, 2006. CITY OF WYLIE, TEXAS a Texas municipality By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Collins Propane of the City of Wylie, a Texas corporation, By: Printed Name: Its: AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 5 456928.v1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared John Mondy, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the City of Wylie, Texas and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for Collins Propane of the City of Wylie and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public in and for the State of Texas My Commission Expires: AGREEMENT FOR THE SALE AND DELIVERY OF PROPANE GAS Page 6 456928.v1 COLLINS PROPANE EXHIBIT"A' BID PROPOSAL July 26,2006 City of Wylie Attn: Jim Holcomb Phone: 972.442.8142 Fax: 972.442.8105 2000 Highway 78 North Wylie, Texas 75098 RE: Quote for Propane Bid Proposal Collins Propane will provide the City of Wylie with two 500 gallon above ground tanks. The tank will be filled on an as needed basis, or an assigned person may call Collins Propane for a scheduled delivery. Occasionally the second option fits better due to budgetary constraints. INSTALLATION CHARGE $0.00 EQUIPMENT LEASE CHARGE $0.00 Propane will be delivered in bulk. Your price is computed by adding two segments. The first segment is based on the Laid in Cost(LIC)Wylie Texas. This price changes periodically. The second segment is your fixed margin of$0.30 cents per gallon. Add these two segments together to get your price per gallon. Currently, the LIC is $ 1.26 cents per gallon, plus your fixed margin of$0.30, makes your current price$1.56 per gallon. Using our Laid in Cost will limit your price changes to only one per month. Your price per gallon will be posted on each delivery ticket. Collins Propane is working toward being the premier provider of propane in the North Texas area. We provide 24-hour, 7-day a week emergency service for all of our customers. Thank you for giving Collins Propane the opportunity to bid on your propane needs. We look forward to doing business with you. Please expect my call to insure your receipt of this offer and to answer any questions you may have. Should you need to contact me, please call our office at 972.442.1078 or my cell phone at 214.629.5118. Best regards, Bill Collins President 1445 East FM 544-Wylie, TX 75098 (972)442-1078/(972)442-1990--Fax: (972)442-3429 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 16, 2006 Budgeted Amount: Exhibits: Subject Conduct a Public Hearing on the proposed tax rate of$0.715 for Fiscal Year 2006-2007. Recommendation Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, on August 8, 2006, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing is to be held on August 22, 2005. The second public hearing is scheduled for August 29, 2006. The notice for the two public hearings was published in the McKinney Courier-Gazette on August 15, 2006, and the Wylie News on August 17, 2006. The purpose of both public hearings is to give the taxpayers an opportunity to express their views on the tax rate. At the end of the second hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Currently the date has been set for September 12, 2006. The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. The proposed budget is based on the tax rate of$0.715 per $100 valuation. This is the rate previously proposed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines. Approved By Initial Date Department Director City Manager MBR 08/16/2006 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT fr Meeting Date: August 22, 2006 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: Seven Subject Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-53 amending the Official Zoning Map for specific commercial and industrial zoning districts to conform to the newly adopted zoning regulations. Recommendation Motion to approve Ordinance No. 2006-53 amending the Official Zoning Map for specific commercial and industrial zoning districts to conform to the newly adopted zoning regulations. Discussion On January 24, 2006, the City Council approved revisions to the Comprehensive Zoning Ordinance adopting new zoning requirements for Residential and Commercial Districts. With this adoption, new zoning categories were created, thus requiring the need to update the Official Zoning Map. The adopted Ordinance eliminated Business Center(BC) District and Industrial (I) District and created Light Industrial (LI) and Heavy Industrial (HI) Districts. The larger areas affected by the proposed zoning change are: The Regency Business Park Addition, Hooper Business Park, Century Business Park, Premier Business Park, North Texas Municipal Water District, and Kansas City Southern Railway. The Business Center District was originally zoned Industrial. However, with the citywide rezoning in February of 2002, certain Industrial Districts were rezoned to Business Center District. The Business Center category of the Plan envisioned limited commercial uses in larger campus-style developments. However, the two areas (Regency and Century) designated for this use/district are largely platted and developed to different standards with limited opportunity for converting to BC characteristics. The rezoning to BC technically rendered the existing uses in these areas legally nonconforming. If adopted,the conversion from BC to LI, would bring these areas into conformity with the Zoning Ordinance. If adopted, the new ordinance would provide more flexibility with setbacks as well as allow more permitted uses than the Business Center District. In addition to the Light Industrial zoning, some areas will adhere to the Commercial Corridor District. The northwest corner and the southwest corner of Westgate Way and F.M. 544 shall comply with the regulations of the Commercial Corridor District. The CC District shall continue along the western border of Westgate Way from F.M. 544 to S.H. 78. Properties platted, but not yet developed, prior to January 24, 2006 would continue to comply with the dimensional regulations (lot size, dwelling size and required setbacks) of the Zoning Ordinance in place at the time of platting, Page 1 of 2 Page 2 of 2 but must comply fully with the new use regulations and design standards. The Planning and Zoning Commission voted to recommend approval 7-0. Notification/Responses: Four Hundred and Seven (407) notifications were mailed, with one written response opposing the request returned at the time of posting. The response requested that the southwest section of Westgate and F.M. 544 be converted to Commercial instead of Light Industrial. This section was inadvertently omitted from the maps, and has been included in the rezone from BC to Commercial Corridor District. Attached are location maps of the areas and their respective new zoning categories. Approved By Initial Date Department Director City Manager MBR 08/16/2006 ORDINANCE NO. 2006-53 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE OFFICIAL ZONING MAP FOR SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS TO CONFORM TO THE ZONING REGULATIONS ADOPTED JANUARY 24,2006, TOGETHER WITH ALL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the 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, for specific commercial and industrial zoning districts to conform to the zoning regulations adopted January 24, 2006, said properties being described in Exhibit "A" (Location Maps), Exhibit "B" (Permitted Use Chart) 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 22nd day of August, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the I I - 324- 5 28 29 30 31 32 33 34 35 36 37 38 39 40 /\ 326 6 p 422 412 q10 qqb q1p .12 .10 •,' •,• •,, Marble Cr= _ 915 . . _ . . — oA .. 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I1ll1 119f�1d►11 11: J r 1111111111111IMIN: �� t • i.i:_ vin :0iiiiii • ...i._.t.. .,. .:., .. , \.---- ig I ..-. - rt t 111 \ — 3 r „."- IF-IP— . �... .111AIIIf1u .�I'tulip mil „+ i ,,& r � � '.11111E 11.11 \III I1 'I: Ill 1► I 111 IIIl Hi 11111 d III— SIC %11 tim RPM i I� a Cps—_ - autl IUi,: -all 11111;UM I ,: — -- — Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: August 9, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, the adoption of Ordinance No. 2006-54 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. Recommendation Motion to adopt Ordinance No. 2006-54 for the annexation of a 61.26 acre tract of land. 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, the following scheduled has been adhered to: 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 MM 8-14-06 City Manager MBR 08/16/2006 Page 1 of 1 ORDINANCE NO. 2006-54 AN ORDINANCE ANNEXING A CERTAIN 61.26 ACRE TRACT OF LAND SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23, AND A PORTION OF A CALLED 86.6 ACRE TRACT DESCRIBED TO S.H. HOOD, AS RECORDED IN VOLUME 291, PAGE 167, COLLIN COUNTY DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Page 1 of 9 Page 2 of 9 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Page 3 of 9 Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of August, 2006. JOHN MONDY, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Page 4 of 9 Exhibit "A" Being a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, and a portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in Volume 291, Page 167, Collin County Deed Records (C.C.D.R.), and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allen Atterberry Survey, the North line of the D.W. Williams Survey, Abstract No. 980, the Northeast corner of a tract of land described to Thelma Rice, as recorded in Volume 561, Page 266, C.C.D.R., the Southeast corner of a tract of land recorded to Tommy & Toni Pulliam, as recorded in Volume 4590, Page 1895, C.C.D.R., and the West right-of-way line of F.M. 544 (90' ROW), as recorded in Volume 568, Page 21, C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Atterberry Survey and the North line of.said Williams Survey, a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pulliam tract; THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line of said Atterberry Survey and the North line of said Williams Survey, the North line of said Rice tract, the North line of a tract of land described to Darlene R. Ceilley, as recorded in Volume 4977, Page 504, C.C.D.R., North line of a tract of land described to Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R., and the North line of a tract of land described to Robert L. Klingbeil, as recorded in Volume 5250, Page 3809, C.C.D.R., a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision, as recorded in Volume 5588, Page 3164, Collin County Plat Records, and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision, and the South line of a tract of land described to Steven Combest, as recorded in Volume 3743, Page 219, C.C.D.R., marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combest tract, a tract of land described to Jesse Candenas, as recorded in Volume 4871, Page 1327, C.C.D.R, a tract of land described to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.C.D.R., a tract of land described to Terry and Casaundra Carlisle, as recorded in Volume 3011, Page 202, C.C.D.R., a tract of land described to James Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R., a tract of land described to Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in Volume 4501, Page 1617, C.C.D.R., a tract of land described to Sandra Benton, as recorded in Volume 4761, Page 1510, C.C.D.R., a tract of land described to Close Family Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R., a tract of land described to Sam Terry, a tract of land described to David & Julie Black, as recorded in 94- 0063489, C.C.D.R., and a tract of land described to Merie & Sheri Little, as recorded in 93- 0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree, being the Northwest corner of a tract of land described to Brent & Beverly Bates, as recorded in 96-0018275, C.C.D.R., for the North Northeast corner of the herein described tract; Page 5 of 9 THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates tract, a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M. 544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right-of-way line of said FM. 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right-of-way and along the North line of said Pulliam tract, a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said Pulliam tract, a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. Page 6 of 9 Exhibit"B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA HOOD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: August 22, 2006 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 Page 7 of 9 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. Page 8 of 9 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. H. 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 Page 9 of 9 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. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Wylie. City Council CITE of WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-55 amending the zoning from Agricultural (A) to Planned Development (PD) District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of F.M. 544. Recommendation Motion to approve Ordinance No. 2006-55 amending the zoning from Agricultural (A) to Planned Development (PD) District to allow for single-family residential uses of varied densities. Discussion Owner: Michael Hood Applicant: Skorburg Company ZC 2006-11 The subject property is located south of Stone Road and west of F.M. 544. The applicant is requesting to rezone 61.28 acres to allow for single family residential uses of varied densities. This zoning case is subject to final acceptance of the annexation. A Development Agreement shall be put in place to schedule the construction of Alanis Blvd. The Twin Lakes subdivision borders to the west of the subject property and consists of single family residential uses of varied densities with a minimum lot size of 7,500 square feet. Properties abutting to the north are within unincorporated Collin County but within Wylie's Extraterritorial Jurisdiction (ETJ), and are developed as the Twin Oaks Addition of single-family residences on lots of one acre and larger. North of the Twin Oaks Addition and within the incorporated city limits of Wylie is the Collins Estates Addition. Collins Estates was approved by Council in April of 2005 and was developed under the regulations of the SF-20/21 District of the Zoning Ordinance in place at the time. All lots within Collins Estates are 20,000 square feet in size, with a minimum dwelling size of 3,000 square feet. Property to the south of the subject tract is platted as the Braddock Place Subdivision with lots ranging from 7,500 s.f. to 12,000 s.f. and was the subject of a zoning case in July of 2005. Per the conditions of the PD, lots along the northern property line adjacent to Tract 68 shall be a minimum of 20,000 s.f. in size. The Conditions of the Planned Development District include a lot mix consisting of a minimum of 25% being 20,000 square feet or greater. All lots within the subdivision shall be in excess of 18,000 square feet. The PD proposes that all lot calculations are on a cumulative basis. A Development Plan shall be submitted for review and requires approval by the Commission and Council. The Development Plan shall serve as the Preliminary Plat and shall conform to the Concept Plan and the PD Conditions. Lot widths shall be measured at the building line. The Page 1 of 2 Page 2 of 2 maximum number of single family dwelling units permitted shall be 98 single family units. The PD proposes the minimum dwelling size be 2,600 square feet on a maximum of 10% of the lots and 3,000 minimum on 90% of the lots. Larger dwelling units will be constructed adjacent to the property described in deed as ABS A0023 Attebury, Allen, Tract 64. Alleys shall not be required for this development. However, no garages shall face the street front, except in a 2 & 1 configuration,where the single garage may face the street front. The Residential Design Requirements as set forth in Section 3.4 Figure 3-9 shall apply fully except as follows: • 40 foot wide buffer shall not be required along Alanis, but shall be incorporated into the lots adjacent to Alanis. • A 5 foot high landscaped earthern berm with 3:1 slope will be constructed the full length along both sides of Alanis, and in the rear of lots adjacent to F.M. 544. • No perimeter walkway shall be required along F.M. 544. • No pedestrian crosswalks shall be required except for the crossing at Alanis Blvd. • No public open space easements shall be required. • All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA. • No sidewalk shall be provided for open ditch road sections. • Road sections will be open ditch with a 26 foot pavement section and a 60 foot Right-of-Way. • A 20 foot landscape easement shall be provided between the development and the property described as ABS A0023 Attebury, Allen, Tract 64, 5.18 Acres and ABS A0023 Attebury, Allen, Tract 68, 5.18 Acres. • A 25 feet minimum side yard setback shall be required for lots adjacent to a street. • A 35 feet minimum front yard setback shall be required for all lots, except lots adjacent to Alanis, which shall be 30 feet. The zoning request proposes approximately 1.77 dwelling units per acre (acreage calculation does not include Alanis ROW) instead of the recommended 1 dwelling unit per acre as defined by the Comprehensive Plan. The proposed plan does not conform to the Comprehensive Plan in regards to lot size, but is compatible to the surrounding subdivisions. The proposed development will continue Alanis Blvd beginning at the eastern boundary of the Twin Lakes Subdivision through the subject property continuing eastward to intersect with F.M. 544. Per the direction of the Park Board, fees will be paid in lieu of Parkland dedication. A Homeowners Association shall be established and duly recorded in the Deed Records of Collin County prior to the issuance of a certificate of occupancy for any dwelling unit. The Planning and Zoning Commission voted to recommend approval 6-1. Notification/Responses: Twenty-Nine (29) notifications were mailed, with no written responses returned at the time of posting. Approved By Initial Date Department Director City Manager MBR 08/16/2006 ORDINANCE NO. 2006-55 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 2006-11, TO PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE-FAMILY RESIDENTIAL USES 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 single-family residential uses 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 22nd day of August, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Wylie City Council CITY i F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 5 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the Mayor to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing. Recommendation Motion authorizing the Mayor to sign a Development Agreement between the City of Wylie and the Skorburg Company. Discussion The land subject to the proposed Development Agreement is a 61.26 acre tract of land known as the Hood property, or Alanis Crossing. The 2005 Bond Election included funding for the extension of Alanis Drive which bisects this property from its current terminus in the Twin Lake Subdivision to the future intersection with F.M. 544. The purpose of the proposed Development Agreement is to address the dedication of right-of-way and construction of Alanis Drive. As it is set out in the Agreement, the Skorburg Company(the developer) will sell the required right-of-way to the City at an agreed upon price and construct the full width of Alanis Drive with 100% reimbursement from the City, with construction to begin by December 2007. The developer will not receive credits on either street or sewer impact fees, and will pay full parkland dedication fees as required by ordinance. Approved By Initial Date Department Director MM 8-14-06 City Manager MBR 08/16/2006 Page 1 of 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND ALANIS CROSSING,LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Alanis Crossing , Ltd., a Texas Limited Partnership and Alanis Crossing Holdings, Ltd., a Texas Limited Partnership (collectively the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 2006-11, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; To the extent there is any conflict between Planned Development Ordinance No. 2006-11 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 2006-11 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, Alanis Drive is to be constructed between Twin Lakes subdivision and FM 544 as reflected on Exhibit "B" and for which 100% funding has been approved by the City of Wylie in the 2005 Bond Program; and WHEREAS, the Developer and Wylie have agreed that this Agreement is the best way to proportionately share in costs of the necessary infrastructure to serve the Project in accordance with the terms set forth below; and WHEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001- 19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising, including but not limited to any ordinance adopted to establish roadway impact fees after execution of this Agreement (collectively, the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is a 61.26 acre tract of land in the Allen Atterbery Survey, more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property. If the Developer does not acquire Title to said property within 60 days, this Agreement is null and void. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 1 459449v3 8/17/2006 2. Alanis Drive. Developer acknowledges that the construction of Alanis Drive from the eastern boundary of Twin Lakes subdivision to FM 544 will be constructed in conjunction with the Project ("Alanis Drive"). A. Dedication of Right-of-Way for Alanis Drive. The City of Wylie shall use the acquisition funds approved in the 2005 Bond Program to purchase from Developer a 100' Right- of-way (approximately 5.74 acres) through the east/west length of the property. The purchase price shall be based on an independent market appraisal and will be paid to Developer at the time of dedication. City shall initiate the appraisal process upon receipt of notice from the Developer that clear title has been obtained. City and Developer shall work together to complete the transaction to facilitate the construction schedule as identified in Section 2.B. Developer acknowledges that City must spend the bond funds for acquisition, design and construction within three (3) years of the Phase I Bond Sale, which occurred in May 2006. In the event that minor modifications to the right-of-way are needed at the time of preliminary plat for the subdivision, City and Developer shall work together to accommodate land swaps. In the event that more right-of-way is required, City may purchase additional right- of-way at a mutually agreed upon valuation. B. Construction of Alanis Drive. To facilitate the development of Alanis Drive, Developer shall obtain a detailed quote or offer of costs for Developer to construct Alanis Drive ("Developer's Quote"). Developer's Quote shall be obtained by Developer and submitted to the City upon receipt, but not later than one hundred and eighty (180) days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct Alanis Drive in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within three (3) business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Should the City require easements and/or right-of-way for construction related issues, including but not limited to, temporary construction easements, slope easements, drainage easements, traffic control easements, the Developer shall provide, at its sole cost, said property within 30 days written notice by the City. Construction costs for Alanis Drive shall include, but are not limited to: engineering, staking, excavation, erosion control, concrete pavement and sidewalks, street lights, signage, irrigation in median and storm sewer within the right-of-way. The parties agree that the acquisition, design and construction costs shall not exceed the amount of bond funds available for Alanis Drive. Developer shall cause construction of Alanis Drive to begin prior to December 31, 2007, and will actively continue construction until Alanis Drive is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Alanis Drive that it had prior to this Agreement. Development Agreement Between the City of Wylie and Alanis Crossing, Ltd. Page 2 459449v3 8/17/2006 C. Reimbursement of Alanis Drive Costs. If Developer constructs Alanis Drive in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's Quote or Developer's actual costs, whichever is less, as approved by the City Engineer. The City agrees to reimburse Developer every 45 days for costs incurred within twenty (20) days of receipt of invoice for the portion of Alanis Drive that is constructed. Developer shall not cause work to be performed, or approve any contract amendments (or series or group of amendments), without prior approval of the City Engineer, which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in expenses in excess of available bond funds or result in an extension of the time for completion of Alanis Drive or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project. 3. 2005 Bond Program. City represents to Developer that the Alanis Drive improvement is included in the City's approved 2005 Bond Program and that funds for the construction of Alanis Crossing are available for three (3) years from the Phase I Bond Sale, which occurred in May 2006. 4. Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect impact fees against the Property pursuant to the Impact Fee Ordinances. All phases of the Project shall be assessed and shall pay sewer impact fees in accordance with the Impact Fee Ordinances. 5. Road Improvements and Impact Fees. All phases of the Project shall be assessed and shall pay roadway impact fees in accordance with the Impact Fee Ordinances. 6. Park Fees. The Developer shall pay the required park fees and satisfy the requirements of Chapter 78, Article IV of the City's Code of Ordinances (the "Parkland Dedication Ordinance"). 7. Open Ditch Road Section: In blocks where the lot size is a minimum of 18,000 square feet the road section shall be open ditch with a 26 foot wide pavement section within a 60 foot Right-of- Way as shown on Exhibit"D". No sidewalks shall be required. 8. Formation of Homeowner's Association and Landscaping along Alanis Drive and FM 544. Developer shall provide for the formation of a homeowners' association. The homeowners' association shall own and be responsible for the maintenance of the common areas and greenbelts located within the boundaries of the Property (to be described on the subject plats), including any and all respective appurtenances (such as, without limitation, landscaping, screening berm irrigation, equipment, related structures, other homeowners' association infrastructure, etc.) (the "HOA Property"). Every owner of a lot within the Property shall be a member of the homeowners' association. The homeowners' association shall provide for the Development Agreement Between the City of Wylie and Alanis Crossing, Ltd. Page 3 459449v3 8/17/2006 payment of dues and assessments required to maintain the HOA Property. The homeowners' association documents must be filed for record with the county concurrently with the filing of each final plat for the Property. 9. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County. 10. Sovereign Immunity. Except for the obligations set forth in this Agreement, Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. This Agreement is only for the benefit of the parties and the City has not waived its sovereign immunity as to any third parties. The parties do not intend to create any third party beneficiaries by entering into this Agreement. 11. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Developer to: Alanis Crossing, Ltd. 3838 Oak Lawn, Suite 1212 Dallas, Texas 75219 Attention: Richard M. Skorburg With a copy to: Art Anderson. Winstead Sechriest& Minick 5400 Rennaisance Tower Dallas, Texas 75201 If to City, to: Mark B. Roath City Manager 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Julie Y. Fort Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 4 459449v3 8/17/2006 Abernathy, Roeder, Boyd&Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 12. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCESI RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY DO NOT CONSTITUTE A: (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (c) NUISANCE; AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 5 459449v3 8/17/2006 LOCAL ORDINANCE,RULE AND/OR REGULATION RELATED TO THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer to the City. 14. Compliance with Ordinances. City ordinances covering on-site improvements, property taxes, tap fees, utility rates, subdivision regulations and the like are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any other ordinance, whether now existing or in the future arising. 15. Miscellaneous. a. Assignment. This Agreement is assignable upon the following conditions: i. the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; ii. at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; iii. Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and iv. Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. b. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 6 459449v3 8/17/2006 d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 1. Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental authority, civil riot, flood, or any other cause not within the control of the party, the period for Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 7 459449v3 8/17/2006 performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. m. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. n. Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. o. Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. CITY OF WYLIE, TEXAS, ALANIS CROSSING,LTD., a municipal corporation a Texas limited partnership By: Alanis Crossing GP Corporation, its general partner By: By: John Mondy, Mayor Richard M. Skorburg, President Date: Date: • ALANIS CROSSING HOLDINGS,LTD. a Texas limited partnership By: Alanis Crossing Holdings GP Corporation, its general partner By: Richard M. Skorburg, President Date: Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 8 459449v3 8/17/2006 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared John Mondy, the Mayor of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Richard M. Skorburg, the President of ALANIS CROSSING GP CORPORATION, general partner of ALANIS CROSSING LTD., a Texas limited partnership, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for ALANIS CROSSING, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 9 459449v3 8/17/2006 STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Richard M. Skorburg, the President of ALANIS CROSSING HOLDINGS GP Corporation, general partner of ALANIS CROSSING HOLDINGS, LTD, a Texas limited partnership, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for ALANIS CROSSING HOLDINGS, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 10 459449v3 8/17/2006 EXHIBIT A LEGAL DESCRIPTION Being a 61.26 acre tract of land located in the Allen Atterbery Survey,Abstract No. 23, and a portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in Volume 291, Page 167, Collin County Deed Records (C.C.D.R.), and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allen Atterbery Survey,the North line of the D.W. Williams Survey,Abstract No. 980,the Northeast corner of a tract of land described to Thelma Rice, as recorded in Volume 561, Page 266, C.C.D.R., the Southeast corner of a tract of land recorded to Tommy & Toni Pulliam, as recorded in Volume 4590, Page 1895, C.C.D.R., and the West right-of-way line of F.M. 544 (90' ROW), as recorded in Volume 568, Page 21, C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Atterbury Survey and the North line of said Williams Survey, a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pullium tract; THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line of said Atterbury Survey and the North line of said Williams Survey,the North line of said Rice tract,the North line of a tract of land described to Darlene R. Ceilley, as recorded in Volume 4977, Page 504, C.C.D.R., North line of a tract of land described to Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R., and the North line of a tract of land descibed to Robert L. Klingbeil, as recorded in Volume 5250, Page 3809, C.C.D.R., a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision, as recorded in Volume 5588, Page 3164, Collin County Plat Records, and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision, and the South line of a tract of land described to Steven Combest, as recorded in Volume 3743, Page 219, C.C.D.R., marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combest tract, a tract of land described to Jesse Cardenas, as recorded in Volume 4871, Page 1327, C.C.D.R, a tract of land described to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.C.D.R., a tract of land described to Terry and Casaundra Calisle, as recorded in Volume 3011, Page 202, C.C.D.R., a tract of land described to James Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R., a tract of land described to Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in Volume 4501, Development Agreement Between the City of Wylie and Alanis Crossing, Ltd. Page 11 459449v3 8/17/2006 Page 1617, C.C.D.R., a tract of land described to Sandra Benton, as recorded in Volume 4761,Page 1510, C.C.D.R., a tract of land described to Close Family Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R., a tract of land described to Sam Terry, a tract of land described to David & Julie Black,as recorded in 94-0063489, C.C.D.R., and a tract of land described to Merie & Sheri Little, as recorded in 93-0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree, being the Northwest corner of a tract of land described to Brent& Beverly Bates, as recorded in 96- 0018275, C.C.D.R., for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates tract, a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI- TECH" being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI- TECH" being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M. 544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right- of-way line of said FM. 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pullium tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right-of-way and along the North line of said Pullium tract, a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pullium tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said Pullium tract, a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 12 459449v3 8/17/2006 Exhibit"B" Alanis Drive Bond Package Alartis (Twin Lakes to FM 544) Construction of new 4-lane concrete. Estimated Cost: $ 2.6 million i. .� ` wt7:.T> , 1 g � �1SUe�� J6t li ..wTC�la71 Specifics - I : •_ „mi....,.. . " , ..,.. ...... _. r ". . , . . ,... . _ .• Approximately 2,710 linear feet • Sidewalks Included �� . 'a I I t j Ett4Sllina 1,11 i q y,L I" . -: ..1 n-m.i ! ! r .i L- . 1 i t HI Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 13 459449v3 8/17/2006 Exhibit"C" Concept Plan 1 I 1 • I 1 1 , 1 1 wcMM ( I I I 1 i i I 1 I , 1 s` NI ` WOO i.a acana+a YA.i. q a , _, _..., ...., ,_i___4- I+ .qe A 1 1 T s, 44 . #\, t i , SItI• f. i iii s,.. , , L....,g ...1. i! I zi; ! I ), , VJ i 1 - «s..aaa as its 1 I i aacG'. i t i j , I •.Mi ltc LL1.t01c awc.�..yyQLt ltiWt R MX, .1:1..ten w aa:ara ran .w.aay...Mr va moms my I +w,rt+l ar S.M., a..acs'. a.ui.1.. •4ti... I • 1 1 Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 14 459449v3 8/17/2006 Exhibit "D" Open Ditch Rd Section VARIABLE VARIABLE WDTH U.D.E. 50' R.O.W. WIDTH U.D.E. VARIES 2'VARIES 2' 13' 13' �2'VARIES Z' VARIES 6 Parabolic Crown ✓.#G water N. Franchise Utilities 7' 5' S' __ __ _ _ •. .. 6" Lime Stabilized Subgrade The design and construction of street grades shall be at 0.3%and greater. The City's current design standards allow for a minimum of 0.5%. However the natural topography of the site is less than 0.5%. Skorburg Company has developed other projects under similar constraints. In those instances, the municipalities have allowed a minimum slope of 0.3%on street and bar ditch grades. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 15 459449v3 8/17/2006 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 6 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Resolution No. 2006-23(R) requesting that the State of Texas Department of Transportation release ownership and control of F.M. 1378 from F.M. 3412 to F.M. 2514. Recommendation Motion approving Resolution No. 2006-23(R) requesting that the State of Texas Department of Transportation release ownership and control of F.M. 1378 from F.M. 3412 to F.M. 2514. Discussion In 2003, Collin County funded $3,000,000 for the engineering and construction of F.M. 1378 from Brown Street to Parker Road. The City of Wylie funded approximately $9,700,000 in the 2005 Bond Program for the construction of the roadway. Removing the roadway from the State system benefits the City by reducing the construction cost of the project and speeding up the design and right of way acquisition. Removal will also allow the City to administer the utility relocations necessary for the paving improvements. The City will accept any maintenance responsibility for the roadway until it is reconstructed. The Texas Department of Transportation staff recommended we send the request for removal as soon as possible because the process can take up to 4 months. Construction plans for the project are approximately 90% complete and the right of way acquisition is scheduled to start in September. Approved By Initial Date Department Director City Manager MBR 08/16/2006 Page 1 of 1 RESOLUTION NO. 2006-23 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REQUESTING THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION RELEASE OWNERSHIP AND CONTROL OF FM 1378 FROM FM 3412 TO FM 2514; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie acknowledges the ownership of F.M. 1378 by the State of Texas Department of Transportation; and WHEREAS, that ownership and the requisite maintenance effort has been an appreciated benefit to the citizens of Wylie; and WHEREAS, the City Council of the City of Wylie, Texas recognizes the importance of F.M. 1378 to its citizens; and WHEREAS,the City Council is of the opinion and finds that the terms and conditions of owning, maintaining and improving that roadway may be better served through the City of Wylie, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1. That the State of Texas Department of Transportation removes from the State Transportation System that section of F.M. 1378 from F.M. 3412 to F.M. 2514, as shown on Exhibit A attached, and transfer all ownership and maintenance responsibilities to the City of Wylie. SECTION 2. That the ownership of F.M. 1378 is in the best interest of the City and its citizens, be, and the request is hereby, in all things approved, and the City Manager is hereby authorized to execute the necessary formal documents on behalf of the City of Wylie Texas. SECTION 3. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THE 22ND DAY OF AUGUST, 2006. 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RIrHTS RFSFRVFD itV1 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 611-5715-56330 Date Prepared: August 9, 2006 Budgeted Amount: $14,750 Exhibits: Two Subject Consider, and act upon, authorizing the Mayor to execute a contract between the City of Wylie, Texas and Dataprose Billing Solutions to provide for the printing and mailing of utility bills, internet utility bill presentment and online utility payment facilities. Recommendation Motion authorizing the Mayor to execute a contract between the City of Wylie, Texas and Dataprose Billing Solutions. Discussion The City had been outsourcing the printing and mailing of utility bills to Dataprose Billing Solutions for a number of years. This is a new contract for the same services, but with the addition of online bill presentment and online bill paying. The city has piggy-backed on the pricing for the City of Plano, Texas contract. The contract term would be from October 1, 2006 to September 30, 2009. The Utility Billing Division has had many requests from city utility customers asking for the ability to pay their utility bills on-line through the internet. The more customers that pay online, the fewer customers we have to service at the counter or through the mail. This reduces future staffing needs and online payments are the least expensive payment form for the City with respect to labor and material costs. The attached Exhibit A details the operating cost as well as the set-up fees required to implement the on-line bill paying system. In summary, the set-up fees are $5,000 and the annual operation costs of the system would be approximately $9,750 per year depending on volume of transactions. Additionally, the base bill for printing and mailing utility bills is $28,450. These expenses have been included in the FY 2006-2007 budget. Approved By Initial Date Department Director City Manager MBR 08/16/2006 Page 1 of 1 DATArOSe® PRODUCTION AGREEMENT BILLING SOLUTIONS Last updated: 8.17.2006 Smarter Statements i0) Better Results This Production Agreement(Agreement)is made and entered into as of the 15S day of April,2006(Effective Date),by and between DataProse,Inc.,a California Corporation(DataProse), and the City of Wylie,organized under the laws of Texas(Client). In consideration of the mutual promises and benefits contained herein,the parties hereby agree as follows: ARTICLE 1 SCOPE OF PRODUCTION AGREEMENT. DataProse agrees to provide to Client services defined in Schedule 1.0,and Client agrees that DataProse shall be its exclusive provider of these goods and/or services during the term of this Agreement. During the term of this Agreement,the Client agrees to furnish data and documentation for,and DataProse agrees to produce a minimum monthly quantity of 11,000 statements("Minimum Commitment"),based upon the rates and terms provided herein. In the event that the Client does not fulfill the Minimum Commitment,then Client shall pay to DataProse a Minimum Processing Fee in an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided herein. • ARTICLE 2 COMPENSATION. In full and complete compensation for all goods and/or services provided by DataProse hereunder,Client agrees to pay DataProse according to the rates set forth in Schedule 1.0. Data Prose will provide an invoice to Client after each production run consisting of the fees,as outlined in Schedule 1.0 and postage used. Invoices are due upon receipt and will be considered past due if not paid within 30 days.A monthly late charge will be assessed on statements not paid within thirty(30)days. The late payment charge will be 1-1/2%per month applied to the invoice amount unpaid(30)thirty days after billing to Client.The prices charged by DataProse to Client for the services listed in Schedule 1.0 will not be increased for a period of 12 months from the Effective Date of this Agreement("Pricing Period"). All DataProse prices are subject to increase following this initial Pricing Period or any subsequent Pricing Period,and upon written notice to Client. The rate of any price increase shall not exceed 10%at the completion of any pricing period. In the event Client cancels the Agreement as allowed under the provisions of this Agreement,then all services rendered between the cancellation notification date and the effective date of the cancellation,will be COD. ARTICLE 3 TERM. The initial term of this Agreement shall commence as of the Effective Date,and shall continue for a period of not less than five(5)years,ending on the fifth anniversary of the initial production run,unless terminated earlier in accordance with provisions found elsewhere in this Agreement. This Agreement shall renew itself for successive one (1)year terms unless written notice of cancellation is received by one party from the other at the end of the initial term or at the end of any succeeding one(1)year renewal term(s)by sending written notice of non-renewal to the other party no later than thirty(30)days before the expiration of the then current term. ARTICLE 4 POSTAGE. Client must maintain a permanent postage deposit in connection with this agreement. Client shall deposit in advance with DataProse the initial sum specified on Schedule 2.0 as the permanent postage deposit. The amount required to be maintained on deposit with DataProse may be changed by DataProse on a periodic basis due to changes in Client's volume,postage usage,postal rates or payment history. Client will be notified in writing and in advance if the deposit amount is changed.Upon termination of this Agreement, DataProse shall return the deposit amount to Client after payment for all Services and postage has been paid by the Client.If this Agreement is terminated due to default of Client, DataProse may apply any of Client's funds it holds against any sum owed by Client to Data Prose upon termination of this Agreement. IF CLIENT FAILS TO MAINTAIN THE DEPOSIT AT THE REQURED LEVELS,OR IF CLIENT FAILS TO MAINTAIN CURRENT STATUS OF ALL INVOICES AS DESCRIBED IN ARTICLE 2,DATAPROSE MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS AGREEMENT AND WILL HOLD CUSTOMER'S MAIL UNTIL THE DEPOSIT IS RECEIVED. ARTICLE 5 EXPENSES. When Client has approved the amount of such costs and expenses in advance and in writing,Client will reimburse DataProse for costs and expenses associated with the performance of services for Client,such as cost of travel,expenses associated with travel,freight,delivery service and other required supplies in connection with providing the DataProse services associated with this Agreement. ARTICLE 6 TERMINATION. Client or DataProse may terminate this Agreement for any reason set forth below or an event of default committed by the other party and defined below if such default remains uncured(30)thirty days after written notice of the default has been received from the party declaring the default. (1) Failure of Client to pay for all goods and/or services as provided in this Agreement. In addition to other remedies provided by this Agreement and pursuant to law,DataProse has the right to withhold production and mailing of any further production cycles until Client's account is brought current. (2) Any other breach by Client or DataProse of a term or condition of this Agreement. (3) Non-Appropriation of funds by City Council. (4) A price increase pursuant to Article 2 that is not acceptable to Client. ARTICLE 7 FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party,including,without limitation:fire,explosion,power failure,flood,earthquake or other act of God;war,revolution,civil commotion,terrorism,or acts of public enemies;any law,order, regulation,ordinance,or requirement of any government or legal body or any representative of any such government or legal body;or labor unrest,including without limitation,strikes, slowdowns,picketing or boycotts. In such event,the party affected shall be excused from such performance(other than any obligation to pay money)on a day-to-day basis to the extent of such interference(and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so interfered with). ARTICLE 8 CONFIDENTIALITY. DataProse agrees that any and all data,reports and documentation supplied by Client or its affiliates or third parties on Client's behalf,which are confidential shall be,subject only to the disclosure required for the performance of DataProse's obligations hereunder,held in strict confidence and shall not be disclosed or otherwise disseminated by DataProse without the consent of Client. ARTICLE 9 INDEMNIFICATION. To the extent permitted by law,Client agrees to indemnify and hold DataProse harmless for any and all claims from any person,firm,or entity whatsoever that may arise in connection with Client's supplying to DataProse the data,reports or other documentation necessary to perform its duties under this Agreement,except that such indemnification shall not extend to any claims that result from action by DataProse,its officers,employees or agents or anyone acting on behalf of DataProse if such action is in violation of one or more terms of this Agreement. ARTICLE 10 WARRANTIES. DataProse shall provide all goods and/or services in a good and first class workmanlike manner in accordance with the terms specifically set forth in Schedule 1.0. The parties hereto agree that this Agreement is only for the production of goods and/or services. THIS WARRANTY CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE GOODS AND SERVICES TO BE PROVIDED TO CLIENT. ARTICLE 11 GOVERNING LAW AND JURISDICTION. This Agreement shall be governed and interpreted in accordance with the laws of the state of Texas,without giving effect to the principles of choice of laws of such state. The parties each consent to the jurisdiction and venue of the Courts in Collin County,Texas,as to any matters initiated in state court,and to the courts of the Eastern District of Texas for any matters initiated in federal court. ARTICLE 12 SEVERABILITY. If a court holds any provision of this agreement to be illegal,unenforceable,or invalid in whole or in part for any reason,the validity and enforceability of the remaining provisions,or portions of them,will not be affected. ARTICLE 13 WAIVER;MODIFICATION OF AGREEMENT. No waiver,amendment or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties hereto. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights,nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. ARTICLE 14 NOTICE. All notices must be in writing and if not personally delivered,be sent by facsimile,first class mail,nationally recognized overnight delivery service or by electronic mail. Mailed notices will be effective on the third day after mailing. Notice by personal delivery or delivery service will be effective when delivered. Went sent by facsimile or electronic mail,notice will be effective on the day the transmission is received by the recipient provided that(a)a duplicate copy of the notice is promptly given by overnight delivery,or(b) the receiving party delivers a written confirmation of receipt. Either party may change the address to which notices are to be sent by giving notice of such a change to the other party. Addresses for purpose of giving notice are as follows: Page 1 of 3 Client: DataProse: DATAroSe® PRODUCTION AGREEMENT BILLING SOLUTIONS Last 8.17.2006 Smarter Statements (0) Better Results If to DataProse: If to Client: DataProse,Inc. City of Wylie Attention:Chief Executive Officer Attn:City Manager 1451 North Rice Avenue,Suite A 2000 HWY 78 North Oxnard,CA 93030 Wylie,TX 75089 Email:gcarter@dataprose.com Larry Williamson ARTICLE 15 ENTIRE AGREEMENT. This Agreement and its exhibits constitute the final,complete,and exclusive statement of the terms of the agreement between the parties pertaining to the production of goods and services for Client by DataProse,and supercedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by,nor is any party relying on,any representation or warranty outside those expressly set forth in this Agreement. ARTICLE 16 ATTORNEY FEES. In the event of any claim,dispute or controversy arising out of or relating to this Agreement,including an action for declaratory relief,the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable out-of-pocket expenses not limited to taxable costs,including but not limited to phone calls, photocopies,expert witness,travel,etc.,and reasonable attorney fees to be fixed by the court. Such recovery shall include court costs,out-of-pocket expenses and attorney fees on appeal, if any. The court shall determine who is the prevailing party,whether or not the dispute or controversy proceeds to final judgment. If either party is reasonably required to incur such out-of- pocket expenses and attorney fees as a result of any claim arising out of or concerning this Agreement or any right or obligation derived hereunder,then the prevailing party shall be entitled to recover such reasonable out-of-pocket expenses and attorney fees whether or not action is filed. ARTICLE 17 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. The parties hereto execute this Agreement through their duly authorized officers,as of the day and year first written above. DATAPROSE,INC.: CLIENT: By: By: Glenn A.Carter,President Date: Title: Date: Schedule 1.0—Fees for Goods&Services Paper Bill(Includes:data processing&simplex,2-color,laser imaging,8.5x11 white paper,perforated at 3.5" from bottom,#10 double window env.,#9 single window reply env.,folding,inserting,presorting and delivery to USPS) $0.12 Per Bill Search&ViewBill(Includes:data processing,pdf creation,search&access capabilities&hosting of pdf files for 3 months from creation date) $0.01 Per Bill Oversized PDF Surcharge(Group E only) $0.0015 Per impression NCOALink—Automated address update service $0.50 Per Address Correction NetBill Lite(Subscribed users only)(Includes:Internet bill presentment(24x7 access to customer bills hosted on DataProse servers posting of invoices,email notification of bill availability to customer)&Payment Facilitation (Real-time credit card payment submission&batch processing of all ACH payments for daily processing,daily $0.35 Per Credit Card Transaction accounts receivable file creation and delivery to client)) $0.60 or 1.25% Per ACH Transaction NetBill Monthly Maintenance Fee $400.00 Per Month NetBill Set Up $3,000.00+ - Credit Card Set Up $1,000.00 - ACH Set Up $1,000.00 One Time Fee Additional Impressions $0.035 Per Impression Additional Inserts $0.01 Per Insert Technical Services(including additional set-up beyond standard,formatting or custom reports,conditional logic& insert/forms composition) $185.00 Per Hour Freight,Courier&Air Delivery Cost Per Request Minimum Monthly Charge $500.00 Per Month Minimum Daily Processing/Production Fee $150.00 Per Day Postage(1 oz.) $0.326 Per Bill Schedule 2.0—Permanent Postage Deposit Permanent Postage Deposit(Based on two(2)months estimated volume) $6,798.00 (2 mos.Volume*.326) Schedule 3.0—Performance Guarantee DataProse will deliver clients bills within an average of one(1)Business Day after the applicable Determination Date(as Defined herein). Such average time period will be determined by measuring the number of elapsed Business Days between each respective determination date and the date which a majority amount of the Client's bills were mailed for consecutive three (3)month period. The"Determination Date"is the date which data is received via electronic transmission(FTP or email)if prior to 10:00 AM,Pacific Time. If data is received after 10:00 AM,Pacific Time,or not on the date of the agreed upon production schedule,the Determination Date is the Business Day immediately following the date data is received. As to any production run,however,the Performance Guaranty will not apply if Client has not provided all Client data and documentation necessary to permit DataProse to produce the bills in a timely manner,or if Client fails to approve or report required changes in DataProse work product in a timely manner. Page 2 of 3 Client: DataProse: DATAprOSe® PRODUCTION AGREEMENT BILLING SOLUTIONS Last updated: 8.17.2006 Smarter Statements (0) Better Results Schedule 4.0—Glossary of Terms Impression Laser Imaging of one side of one piece of paper. Each physical piece of paper can contain two(2)impressions. USPS United States Postal Service Laser Imaging The process where the application of dry toner(ink)is electro statically applied and bonded to a piece of paper. Simplex Laser Imaging of one(1)side of a piece of paper only. Duplex Laser Imaging of both(2)sides of a piece of paper. OE Outer Envelope—This envelope is used as the carrier mechanism for all information contained in a package to be mailed. RE Reply Envelope—This envelope is usually utilized by a customer to return information/payment requested by on organization. Presorting The act of organizing mail according to the rules and regulations defined by the USPS in order to achieve lower postage rates and • increase deliverability of mail. Business Day Any day in which the USPS as well as the U.S.Federal Reserve are open for business. U.S.federal holiday All Holidays as defined by the U.S.Federal Reserve. 24x7 24 hours a day,7 days a week. Additional Inserts Any item requested to be placed into the mail container above and beyond(a)the bill and(b)the RE. Container One complete piece of mail packaged into one OE. Electronic Transmission The act of sending data via DataProse online utility,FTP or Modem Bill Data and other information pertaining to one(1)account number and usually in reference to one customer Group The term used by DataProse to define how bills are gathered&produced in order to maximize production capabilities. These groups are defined as follows: Group A—1 ounce bills Group B—2 ounce bills Group C—8-99 page bills Group D—100-499 page bills Group E—500+page bills Group I—International bills Group P—Pull bills(Pulled and returned to PM for further action) Group X—Hold bills(combined and sent back to client) Group Y—Online only bills(Suppress from print only) Group Z—Suppress all Suppress or Suppression The act of excluding records or bills(based on client defined criteria)that have been received in the input data stream received from the client Page 3 of 3 Client: DataProse: EXHIBIT A CITY OF WYLIE On Line Bill Paying Costs Fees& %of Utility Cost Service Fees Charges Usage Billing Annually Number of Transactions (yearly) 12,000 12,000.00 ( Estimate 10%of customers) Annual Service Fee $4,800.00 $4,800.00 $4,800.00 Transaction Fee Credit Card $0.35 75.00% 3,150.00 3,150.00 ACH $0.60 25.00% 1,800.00 1,800.00 Total $9,750.00 $9,750.00 Utility Cost Set Up Fees Charges Billing Annually System Set-up $3,000.00 3,000.00 NA Credit-Card Set-up $1,000.00 1,000.00 NA ACH Set-Up $1,000.00 1,000.00 NA Total $5,000.00 $5,000.00 NA Convenience Fee Required $1.23 Convenience Fee Recommended $3.00 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 8 Department: City Manager's Office (City secretary's Use Only) Prepared By: Mark Witter Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: Subject Consider, and act upon, affirming that East Fork SUD and Wylie Northeast SUD should enforce their Drought Contingency Plans within the corporate limits of the City of Wylie. Recommendation Motion affirming that East Fork SUD and Wylie Northeast SUD should enforce their Drought Contingency Plans within the corporate limits. Discussion At this time, there is confusion amongst some Wylie residents, who live in the East Fork and Wylie Northeast water districts, about what their watering day and restrictions are. City staff as well as East Fork and Wylie Northeast staff has been inundated with calls from residents asking for clarification. As a result, East Fork has requested that we distinguish on our website, and in future communication, that Wylie residents served by East Fork or Wylie Northeast should follow the watering day and restrictions established by their water provider. Following the original adoption of our Drought Contingency Plan, staff met with representatives from East Fork and Wylie Northeast as directed by Council. East Fork and Wylie Northeast meet, or exceed, the Stage 3 restrictions as established by our Plan. The main difference between the plans is the watering day. Our watering day now corresponds to residential trash pick-up; and the East Fork and Wylie Northeast watering day corresponds to the last digits of the customer's address. Currently, our ordinance and plan encompass the entire City. As a result, staff has not communicated that Wylie residents served by East Fork or Wylie Northeast need to follow the watering days as specified by their water provider. When staff receives individual inquiries from residents in different water districts, they routinely tell them to follow the watering days mandated by their water system, not ours. However, we have not "officially" communicated this information. Page 1 of 2 Page 2 of 2 We have not received a clearly-defined legal opinion as to whether the City has the right to regulate or enforce water restrictions in other water districts due to the complexity of this issue. Because we do not have a clear legal opinion, we have not issued citations to residents served by East Fork or Wylie Northeast. Both of these water districts have shared that they are doing their own enforcement. If Council affirms that East Fork and Wylie Northeast can enforce their own Drought Contingency plans within the corporate limits of Wylie, staff plans to start communication, on our website and in future correspondence, that residents who are served by East Fork or Wylie Northeast need to follow the watering day and restrictions established by their district to alleviate resident confusion and to continue good relations with East Fork and Wylie Northeast. And, should the Council desire to amend our ordinance and plan to reflect that East Fork and Wylie Northeast can enforce their own Drought Contingency Plans within the City, we would be happy to bring those changes back to you at the next Regular Meeting. Approved By Initial Date Department Director City Manager MBR 08/16/2006 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: 9 (City Secretary's Use Only) Department: City Secretary Prepared By: Carole Ehrlich Account Code: Date Prepared: August 8, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, appointments to the Public Arts Advisory Board for terms to expire in June of 2007 and June of 2008. Recommendation Motion to accept appointments to the Public Arts Advisory Board as follows: Barbara Marks 1 year term Stewart Matthews 2 year term Polly Harrison 2 year term Larry Clark 1 year term Patsy Robertson 1 year term Warner Washington 2 year term Kathy Spillyards 2 year term Discussion Ordinance No. 2006-37, adopted by the Wylie City Council on June 13, 2006, established the Public Arts Program including the creation of a Public Art Advisory Board. Specifically, Section 6 provides that the Public Arts Advisory Board will among other things; promote art; selecting works of art and artists for commissioned pieces of art and implementing the public arts master plan. The board will, oversee the public arts program and act in an advisory capacity to the City Council; and • Section 7 of the Ordinance provides for a seven member board to be appointed by the City Council for a term of two years; provided, however, that the members of the first board to serve, shall be appointed so that three (3) members shall serve one (1) year terms and four(4) members shall serve two (2) year terms. It further provides that no member may serve more than three (3) consecutive terms on the Public Art Advisory Board. In addition to the seven board members, the City Manager shall serve as an ex officio member of the board, but shall have no right to vote on any matter before the board; and Section 8 provides that each board member shall be a qualified voter of the city and shall not be an employee of the city. Each board member shall have any other qualification as the City Council deems necessary and appropriate. The City Secretary's Office solicited applications for the Public Arts Advisory Board by utilizing the Wylie Page 1 of 2 News and eWylie. The office also utilized the City's Website by offering application submittal on-line. Twenty eight applications were submitted between July 1, 2006 and July 31, 2006. An interview panel, consisting of three council members was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session, with the Council Interview Panel. Council members appointed by the City Council for 2006 are: Mayor Pro Tem Porter, Councilman Newsom, and Councilman Byboth. The Panel met with applicants on Thursday, August 3, 2006 and Monday, August 7, 2006. The 2006 Boards and Commissions Interview Panel have attached (above) their recommendations for Council consideration and action regarding the new Wylie Public Arts Advisory Board. Approved By Initial Date Department Director CE 8-8-06 City Manager MBR 08/16/2006 Board & Commission Interview Schedule — 2006 Public Arts Advisory Board Time Thursday, August 3, 2006 Time Monday, August 7, 2006 ✓ 6:00 Raymond Coo„er withdrew 6:00 James Griffin V 8.13-/-8b ✓ 6:10 Eric LeJeune 6:10 Stewart Matthews ✓ ✓ 6:20 Barbara Marks 6:20 Kathryn Weip withdrew 8/7/06 ✓ w 6:30 Polly Harrison missed 6:30 Lisa Palomba V appt.mt. ( id nome 4-LM ✓ 6:40 Tasha Finch 6:40 Warner Washington ✓ ✓ 6:50 Patsy Robertson 6:50 Polly Harrison (rescheduled to this time) V ✓ 7:00 Christine Eustice 7:00 Lisa Marsolek ✓ ✓ 7:10 Larry Clark 7:10 Elena Choate ✓ ✓ 7:20 Ashley Burt 7:20 Yell Bolton withdrew 8/7/06 ✓ 7:20 Amanda McMurdie ✓ 7:30 Tina AiJaser 7:30 Margaret Boyd ✓ ✓ 7:40 Zachary Herrera 7:40 Macklyn Stripling ✓ ✓ 7:50 Chuck Vatin 7:50 Willie Osborne ✓ ✓ 8:00 Kathy Spillyards 8:00 Rescheduled - See ✓ 7:20 time ✓ 8:10 VACANT 8:10 Sonya Coburn ✓ ✓ 8:20 VACANT 8:20 VACANT ✓ Please consider Cynthia Thorson without an interview due to schedule conflicts 08/15/2006 ORDINANCE NO. 2006-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CREATING A NEW DIVISION OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING A PUBLIC ARTS PROGRAM; AUTHORIZING THE ALLOCATION OF ONE PERCENT OF THE CITY'S CAPITAL IMPROVEMENT PROGRAM PROJECT COSTS FOR PUBLIC ART; ESTABLISHING A METHOD FOR CALCULATING PUBLIC ART APPROPRIATIONS OF CAPITAL PROJECTS; ESTABLISHING A PUBLIC ART PROJECT ACCOUNT; ESTABLISHING A PUBLIC ART ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie is renowned for its historic downtown and cultural heritage; and WHEREAS, the aesthetic nature and charm of Wylie is further enhanced by the arts and an awareness of the visual arts; and WHEREAS, cultural and artistic resources enhance the quality of life for individuals living in,working in, and visiting the City of Wylie; and WHEREAS, public art requires and deserves public funding; and WHEREAS, to further enhance public art in the City, the City Council determines it appropriate to provide a program for the City to require that visual art be included in City public works projects, where applicable, and that a portion of the cost of such project, where applicable, be allocated for the acquisition of visual art. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. Findings Incorporated. The findings set forth in the ordinance from which this division is derived are incorporated into the body of this division as if fully set forth herein. SECTION 2. Definitions. For the purposes of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: (a) Art or Artwork means work in any permanent medium or combination of media produced by artists, who are generally recognized by critics and peers as professionals of serious intent and substantial ability. For the purposes of this division, the terms art and artwork do not include environmental landscaping or Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 1 the performing, or literary arts such as dance, music, drama, or poetry unless expressed in a manner defined above. (b) Board when used herein shall mean the Public Art Advisory Board of the City of Wylie, Texas. (c) Board Member when used herein shall mean the members of the Public Art Advisory Board, excluding the City Manager who shall serve as an ex officio member of the board. (d) Capital Improvement Project or CIP when used herein shall mean projects that are funded by the City of Wylie or other government. (e) Capital Project Fund when used herein shall mean funds used for the acquisition of fixed assets or construction of major capital projects not being financed by proprietary or nonexpendable trust funds. (f) City when used herein shall mean the City of Wylie, Texas. (g) City Manager when used herein shall mean the City Manager of the City of Wylie, Texas, or his designee. (h) Enterprise Fund when used herein shall mean funds that are used to account for those operations that are financed and operated in a manner similar to private business or where Council has decided that the determination of revenues earned, cost incurred and/or net income necessary for management and accountability. (i) Wylie Public Art Collection when used herein shall mean all works of art located in the City of Wylie, Texas. (j) Public Arts Master Plan or Plan when used herein shall mean the public arts master plan of the City of Wylie, Texas, as it exists or may exist or may be amended. The public arts master plan shall include guidelines for the systematic selection of pieces of art, project descriptions, budgets, locations of art to be included in public spaces and recommended design approaches. (k) Public Arts Program when used herein shall mean the public arts program of the City of Wylie, Texas. SECTION 3. Establishment of Public Arts Program. The public arts program is hereby established to, among other things, promote and encourage public and private art programs, to further the development and awareness of, and interest in, the visual arts, to create an enhanced visual environment for city residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvements and to promote tourism and economic vitality in the city through the artistic design of public spaces. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 2 SECTION 4. Funding for the Public Arts Program. (a) Funding for the public arts program shall be accomplished by annually designating one (1)percent of eligible CIP funding for public art, which may be derived from the city's capital project fund, the enterprise fund and/or grants, but excluding appropriations for underground infrastructure improvements. The one (1) percent allocation shall be calculated based on the total of pre-design, design, and construction costs, less all costs for real property acquisition, demolition, furniture-fixtures-equipment and library books for any given CIP. In addition, the appropriation for the public arts program will be calculated only on the original appropriation for design and construction services, excluding any subsequent amounts appropriated for amendments and change orders. (b) Funds shall be used for the artist fees and costs related to the production and maintenance of artwork. Funds shall not be used for professional graphics, mass produced work, decorative or functional elements designed by a building architect as opposed to an artist commissioned for that purpose, landscape architecture or landscape gardening except where those elements are designed by an artist, and work not produced by a board-approved artist. (c) Appropriations for art shall be made at the same time that the city appropriates funds for the CIP. The City Council may, in its sole discretion, allocate an amount equal to, less than, or in excess of the one (1) percent of the eligible CIP for the City's public arts program. In addition, the City Council may fund, from general revenues or other eligible revenues, as part of the annual budget an appropriation to the public arts program. (d) All monies appropriated for the public arts program purposes shall be transferred into a special, interest-bearing public art project account. As a project account, any funds not expended at the conclusion of the fiscal year will rollover into the following fiscal year. The City Manager will establish appropriate accounting procedures for the public arts program and shall report to the City Council, periodically, regarding the amounts appropriated, encumbered and expended under the public arts program. (e) The involvement of public art in a capital improvement project is optional for capital projects of less than $200,000; however, one (1) percent of the cost of the projects will be retained for public art and these funds will be pooled for other art projects. (f) For all grants sought by the city for CIP's in the amount of $100,000.00 or more, the city departments shall include, in appropriate grant applications, a request that a certain percentage of the grant amount be authorized for art in keeping with the established public arts master plan. All CIP's financed with Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 3 grants and/or contributions from private entities and/or public agencies are subject to this division, unless art expenditures are not authorized by the granting or contributing entity. If art projects are expressly excluded, then only the city-funded portion of the CIP would be subject to this ordinance. (g) The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver. SECTION 5. Ownership and Maintenance. (a) Ownership of all works of art acquired by the city shall be vested in the City of Wylie which shall obtain title to each work of art. (b) Artists, as part of any contractual agreement with the city for the provision of a work of art, shall be required to submit to the public art advisory board a "Maintenance and Inventory Sheet," including annual cost projections, which details the maintenance and ongoing care of the artwork. SECTION 6. Establishment of the Public Arts Advisory Board. There is hereby created and established within the city the Public Arts Advisory Board for the purpose of, among other things, promoting art, selecting works of art and artists for commissioned pieces of art and implementing the public arts master plan. The board will, among other things, oversee the public arts program and act in an advisory capacity to the City Council. SECTION 7. Number of Members; Appointment; Terms. The members of the board shall consist of seven members, to be appointed by the City Council for a term of two years; provided, however, that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than three (3) consecutive terms on the Public Art Advisory Board; provided, however, should a board member's replacement not be qualified upon the expiration of any term of a board member, then that board member shall holdover on the board until a qualified replacement board member has been appointed. In addition to the seven board members, the City Manager shall serve as an ex officio member of the board, but shall have no right to vote on any matter before the board. Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. SECTION 8. Board Member's Qualifications. Each board member shall be a qualified voter of the city and shall not be an employee of the city. Each board member shall have any other qualification as the City Council deems necessary and appropriate. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 4 SECTION 9. Meetings. The board shall meet at least once each month at such time and place as shall be fixed by the board by its standing rules, which meetings shall be open to the public. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice-chairperson by three members of the board. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Council and the City Manager. The board shall have technical and logistical support provided as designated by the City Manager. SECTION 10. Vacancies. When vacancies occur on the board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. SECTION 11. Removal. Each board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Board member absences shall be controlled by Article VIII of the City's Charter. SECTION 12. Quorum; Voting. Four (4) board members shall constitute a quorum of the board for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the board shall be valid or binding unless adopted by the affirmative vote of a majority of those board members present and voting. SECTION 13. Officers. The board shall have a chairperson and vice-chairperson whose terms shall be one year. The chairperson and vice-chairperson shall be elected by the board members. Neither the chairperson nor vice-chairperson shall serve as an officer for more than two (2) consecutive terms. The chairperson shall preside over meetings and shall be entitled to vote upon each issue. The vice- chairperson shall assist the chairperson in directing the affairs of the board. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. SECTION 14. Powers and Duties. (a) The board shall act principally in an advisory capacity to the City Council and the city staff in any matter pertaining to art. (b) The board may solicit, on behalf of the city, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants from persons, firms or corporations, subject to the guidance, approval and acceptance by the City Council. (c) The board, through its chairperson, shall make both an oral and written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 5 (d) The board's authority shall not extend to the direction, supervision, employment, or termination of the city employees. No supervisory power of the board is created. (e) The board will develop, for City Council approval, a set of bylaws governing rules of procedure for their meetings and operation. (f) The board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of the city. (g) All powers and duties prescribed and delegated herein are delegated to the board, as a unit, and all action hereunder shall be of the board acting as a whole. No action of any individual board member is authorized, except through the approval of the board or City Council. (h) The board shall advise and make recommendations to City Council pertaining to the execution of the public arts master plan. (i) The board shall advise and make recommendations to the City Council pertaining to, among other things, policies and procedures as identified in the public arts master plan; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks. (j) The board shall have any other power and/or duty as prescribed and authorized by the City Council. SECTION 15. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 16. 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 17. Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as provided by law and the City Charter. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 6 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,on this 13th day of June, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 7 7/VI Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 22, 2006 Item Number: Work Session Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: August 14, 2006 Budgeted Amount: Exhibits: One Subject Discussion, and possible direction, on 2006 Water and Wastewater Rate Study prepared by McLain Decision Support Systems. Recommendation Discussion The 2006 Water and Wastewater Rate Study, prepared by McLain Decision Support Systems, updates and includes the City's capital improvement program for utilities. In addition, the proposed Study incorporates the anticipated increases from the North Texas Municipal Water District as well. Mr. Robert McLain, consultant, will be presenting the Study and its findings (see attached). Approved By Initial Date Department Director City Manager MBR 08/16/2006 Page 1 of 1 City of Wylie, Texas Development of Water & Wastewater Rates August 2006 McLain Decision Support Systems Government Utility Rate Practice 201 W. Southwest Pkwy., #4105 Lewisville, TX 75067 (972) 436-6181 ,.,Fax (972) 692-5397 McLain Decision ' Support ISystems I McL AIN Rohr.Mc Lam.14ntctryl•McLrm Il twon Sumo Swem. 201 W Seuthwt.t P1 v..410S•L.awnvdic.TX 75067 (972)436.6181 Ot(we•(972)692.5397 F. •(214)89 i•1652 M.4.dr•1,4d2>nw lam.kt..ou August 9, 2006 Mark Roath City Manager City of Wylie 2000 HWY 78 Wylie, TX 75098 Dear Mr. Roath: Enclosed is the final report titled, Development of Water & Sewer Rates, prepared by McLain Decision Support Systems (McLainDSS). The report conveys the findings, conclusions, and recommendations of our firm with respect to the development of water and sewer rates to cover the projected water and sewer enterprise fund costs for the period 2007 -2016. The report includes a significant amount of assumptions and detailed tables and worksheets. The detailed tables, exhibits, and worksheets provide an understanding of where the numbers come from and the related impact the rate design alternatives rates will have on the system's customers. We have appreciated the courtesies and professional relationship extended to us during this engagement by City management and staff. Very truly yours, Robert McLain, Director Government Utility Rate Division McLain Decision &limn 111. Sygems R[.kn McLain.Principal•McLam Damon Support SYstem. 201 W.Southwest May..•4105•Lewisville.TX 73067 (972)436.6181 Officc•(972)692•3197 I in•(214)891.3632 MoMk•k,Mnw n 1.6 n„ Table of Contents I. Executive Summary 1 1.1.Introduction 1 1.2.Financial Plan Key Management Assumptions 1 1.3 Financial Plan Findings 3 1.4 Financial Plan Notice 3 1.5 Financing Scenarios 3 1.6 Rate Design Objectives 6 1.7 Overview of Rate Design Alternatives 6 1.8 Customer Impact 8 II. Identification of the Revenue Requirements 9 2.1.Introduction 9 2.2 Key Cost of Service Assumptions 9 2.2.1. Growth Assumptions 9 2.2.2.NTMWD Water Purchase Costs 11 2.2.3.NTMWD Wastewater Treatments 12 2.2.4. Additional Staffing 14 2.2.5. Inflation Drivers 15 2.2.6. Water Capital Improvement Program 16 2.2.7. Wastewater Capital Improvement Program 16 2.2.8. Use of Impact Fees 16 2.2.9. Collection of Impact Fees 26 2.2.10. Renewal & Replacement Costs 27 2.2.11. General Fund Transfers 28 McLain Dedsion support IL.F Robert McLain.Principal•McLain Demon Support system.201 W.Southwest PI ..•4105•Lawnedk.TX 75067 (972)456.6181 Office•(972)692.5397 Fax•(214)893.3652 AinMk•Iv441naLun,6(. nn List of Figures 1.1.Recap of the Impact of Each Financing Scenario 4 1.2.Key Adequacy Tests—Financing Scenario 1 4 1.3.Key Adequacy Tests—Financing Scenario 2 5 1.4.Key Adequacy Tests—Financing Scenario 3 5 1.5.Rate Alternatives 6 1.6.Existing& Alternative Rate Structures - Water 7 I.7.Existing&Alternative Rate Structures - Wastewater 7 1.8 Illustration of Monthly Impact: Water& Sewer Monthly Bills 8 2.1 Growth - Water 10 2.2 Growth - Wastewater 10 2.3 Water Loss Percentages—Inflow/Infiltration Percentages 11 2.4 Water Purchases from NTMWD 11 2.5 NTMWD Wastewater Treatment Costs (Wylie Wastewater Treatment Plant Costs) 12 2.6 NTMWD Wastewater Treatment Costs (Muddy Creek Interceptor Costs) 12 2.7 NTMWD Wastewater Treatment Costs (Muddy Creek Wastewater Treatment Plant) 13 2.8 Recap of NTMWD Wastewater Treatment Costs 13 2.9 City of Wylie Utility Staffing Levels 14 2.10 Personnel-Related Costs 14 2.11 Total Departmental Operating and Maintenance Costs (Excluding NTMWD Costs) 15 2.12 Recap of Operating and Maintenance Costs 15 2.13 Revenue Debt—Existing—Water& Sewer 16 2.14 Revenue Debt—Existing—Water Portion 17 2.15 Revenue Debt—Existing—Water Portion Eligible for Impact Fees 17 2.16 Revenue Debt—Existing—Wastewater Portion 18 2.17 Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 18 2.18 Non-Revenue Debt—Existing—Water& Sewer 19 2.19 Non-Revenue Debt—Existing—Water Portion 19 2.20 Non-Revenue Debt—Existing—Water Portion Eligible for Impact Fees 20 2.21 Non-Revenue Debt—Existing—Wastewater Portion 20 2.22 Non-Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 21 2.23 Water Capital Improvement Plan 21 2.24 Revenue Debt—Planned—Water Portion 22 2.25 Revenue Debt—Planned—Water Portion Eligible for Impact Fees 23 2.26 NTMWD Contract Revenue Debt 23 ' T McLain Deds&on Robert McLan.Principal•McL m Drawn Support**ems 201 W.Southwest Pkwy..•4I01•Lerimlk.TX 71067 (972)4166161 Office•(972)6921197 Fax•(214)4101.1612 Mobik•M,bO,ncl.o,.Ll...,,,,, 2.27 NTMWD Contract Revenue Debt—Portion Eligible for Impact Fees 24 2.28 Recap of Use of Impact Fees - Water 24 2.29 Recap of Use of Impact Fees - Wastewater 25 2.30 Recap of Debt Service 25 2.31 Recap of Impact Fees—Water—Sources & Uses of Funds 26 2.32 Recap of Impact Fees—Wastewater—Sources & Uses of Funds 26 2.33 Recap of Non-Operating Costs—Transfer to Renewal & Replacement Fund 27 2.34 Recap of Non-Operating Costs 27 2.35 Recap of the Total Gross Cost of Service 28 2.36 Recap of Non-Rate Operating Revenues 29 2.37 Recap of Non-Rate Non-Operating Revenues 29 2.38 Recap of Revenue Offsets 30 McLain Decision Support Systems Mc I AIN Rolcn Mama,Pnnctp.tl•McLain Daewoo Support System. 201 W.Southwest Pkwy.,M105•Lewoville.TX 75067 (972)436.6181 Office•(972)692.5397 fax•(214)893.3652 Nubile•hoh•mehunda..com SECTION I—EXECUTIVE SUMMARY 1.1 INTRODUCTION: The following report describes the findings of the water and wastewater rate study performed for the City of Wylie and makes recommendations with respect to the rates to be charged to the City's municipal utility customers. The objectives to be achieved within the scope of the engagement are as follows: • To develop the bases to be used to project the units of service and cost of service for each utility over a ten-year planning period,FY 2007 - 2016; • To identify the full cost of water and wastewater services over the ten-year planning period based on the FY 2007 proposed budget: • To develop proposed alternative water and wastewater rates which will provide sufficient annual revenues to meet expenditures for all operating and non-operating costs; • To prepare financial projections using the cost-based rates, supplemented by a description of the key assumptions underlying the projections; • To create an executive summary documenting our findings and recommendations; 1.2 FINANCIAL PLAN KEY MANAGEMENT ASSUMPTIONS: The following major key planning assumptions were used to drive the ten-year cost of service: • Growth 1: 907 additional water meters annually, which results in a customer growth rate of about 4% - 9% annually. Furthermore, 1,041 to 1,042 additional annual wastewater accounts will be added over the planning period. (See Tables 2.1 and 2.2 in Section 2); • NTMWD Water Costs. Table 2.4 in Section 2 illustrates the growth in NTMWD water costs, assuming the rate per thousand gallons will increase incrementally, per the NTMWD presentation dated March 20, 2006. 1 Based on growth assumptions in Impact Fee Study update,Table No. 8,Table No.9,page 21,confirmed by Chris Hoisted. SECTION I—EXECUTIVE SUMMARY PAGE 1 McLain Decision ' Support CP- Systems Mc LAIN Rohm McLain,Principal•McLain Decision Support Sputum 201 W.Southwcst Pkwy.,M10S•Lewuvilk,TX 75067 (972)136-6181(Mice•(972)692.5397 Fax•(214)893.3652 Mobile•hob•mclalnii&corn • NTMWD Wastewater Costs. Tables 2.5 through 2.8 in Section 2 illustrate to the reader the increases in wastewater treatment costs over the next ten years. It should be noted that the additional debt service associated with the Muddy Creek Wastewater Treatment Plant expansion is incorporated into these cost estimates. • Additional staffing. Table 2.9 in Section 2 illustrates the addition of three (3) additional positions in FY 2009. • Inflation: Salaries were increased annually using expenditure drivers of 6%,based on the FY 2007 budget. Medical insurance was increased at the rate of 7% annually. Most other operating and maintenance costs were driven by an annual inflation factor of 3°'° • Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,700 over the next three years, beginning with a $6,500,000 issue in FY 2007. Table 2.23 and Table 2.24 in Section 2 show the water capital improvement program. • Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 — 2.29 in Section 2 of this report illustrate the importance of this funding source. • Transfer to the Renewal and Replacement Fund. We have incorporated into the revenue requirements the cost of funding the renewal, rehabilitation, and replacement of the infrastructure of the water and wastewater system, beginning with FY 2007-08. Table 2.33 shows the basis for these transfers. • Transfer to the General Fund -This transfer increases 4%per year. (This transfer is shown on Table 2.34 in Section 2). SECTION I—EXECUTIVE SUMMARY PAGE 2 McLain Decision Support Systems Mc LAIN Robert McLain.Principal•McLain Deci.un Support System 201 W.S.uthwau 14wy..MI05•Lewnvilk.TX 75067 (972)4564181 Office•(972)692.5397 Fax•(214)893.3852 Mobik•bohfmckinddscnm • Reserve Levels — We have targeted reserve levels of 25% (90 days of the cost of service), per the financial policy of the City. 1.3 FINANCIAL PLAN FINDINGS: • The water and wastewater fund is in excellent financial condition. The water and wastewater fund ended FY 2005 with $5,769,268 in operating reserves (304 days), (Table 1.2). However, it is expected that the water and wastewater fund will end FY 2006 with $4,609,111 in operating reserves(188 days). 1.4 FINANCIAL PLAN NOTICE: • Water and wastewater costs have been projected for the period FY 2007 through FY 2016, based on the proposed FY 2007 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. Monitor expenditures very carefully over the planning period, compared to the expenditure levels shown in this report. Because the forecasts are developed upon expenditure levels outlined in this report, any significant increases of expenditures over the planned expenditure levels will affect the sufficiency of revenues over the study period. • Note — because the financial plan is so heavily dependent on growth, we strongly recommend that the rate study should be updated annually. 1.5 FINANCING SCENARIOS: • Three financing scenarios have been developed for the City's consideration. They are: Scenario 1: Do not raise rates until absolutely necessary; Scenario 2: Increase rates annually over several years; Scenario 3: Increase rates every other year. SECTION I—EXECUTIVE SUMMARY PAGE 3 McLain -` A Decision Support Systems McLAIN Rohm McLain.Pnncgwl•McLain Decision Support Systems 201 W.Southwest Pksvy..M105•Lewisville.TX 75067 (972)416-6181 l)fticc-•(972)692.5397 Fax•(214)891.3652 Mob&•boheniclaindils.coni Table 1.1 Key Findings Recap of the Impact of Each Financing Scenario Scenario 1 Scenario 2 Scenario 3 Average Residential Average Residential Average Residential Water&Sewer Bill Water&Sewer Bill Water&Sewer Bill 5,000 gals WS 5,000 gals WS 5,000 gals WS Change Winter, Bill Change Winter, Bill Change Winter, Bill Fiscal In 13,000 gals $$ In 13,000 gals $$ In 13,000 gals $$ Year Rates Summer Change Rates Summer Change Rates Summer Change 2005 N/A $ 55.07 $ - N/A $ 55.07 $ - N/A $ 55.07 $ - 2006 - 55.07 - - 55.07 - - 55.07 - 2007 - 55.07 - 3.25% 56.86 1.79 5.50% 58.10 3.03 2008 - 55.07 - 3.25% 58.71 1.85 - 58.10 - 2009 12.50% 61.95 6.88 3.25% 60.62 1.91 5.50% 61.29 3.20 2010 6.00% 65.67 3.72 3.25% 62.59 1.97 - 61.29 - 2011 - 65.67 - 3.25% 64.62 2.03 5.50% 64.67 3.37 2012 - 65.67 - - 64.62 - - 64.67 2013 - 65.67 - - 64.62 - - 64.67 - 2014 - 65.67 - 64.62 - 64.67 - 2015 - 65.67 - - 64.62 - - 64.67 - 2016 - 65.67 - - 64.62 - - 64.67 - 18.50% $ 10.60 16.25% $ 9.55 16.50% $ 9.60 • Financing Scenario 1: The City does not need to increase overall rates until 10/01/2008, if all key planning assumptions do not drastically change. However, if the City chooses to wait until 10/01/08, then the rate increases will need to be 12.5%, as shown on Table 1.2. Table 1.2 Key Adequacy Tests Financing Scenario 1 Don't Raise Rates Until You Have To Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A $1,410,395 $5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 - (265,916) 4,343,195 178 48.9% 55.07 - 2008 - (1,181,319) 3,161,876 112 30.6% 55.07 - 2009 12.50% (327,901) 2,833,975 92 25.1% 61.95 6.88 2010 6.00% 195,435 3,029,411 91 25.0% 65.67 3.72 2011 - 468,055 3,497,465 103 28.1% 65.67 2012 - 501,512 3,998,978 112 30.7% 65.67 2013 535,125 4,534,102 122 33.3% 65.67 2014 - 469,866 5,003,969 128 35.1% 65.67 2015 417,957 5,421,925 133 36.4% 65.67 2016 - 819,037 6,240,962 151 41.4% 65.67 - 18.50% $10.60 SECTION I-EXECUTIVE SUMMARY PAGE 4 I. McLain A Decision Support Systems Mc LAIN Robert.1cLun,Pnncipal•McLain Decu.nn Support Systems 201 W.Southwest Pkwy.,•4105•Lewisville.TX 75067 (972)4)6.6I81 Office•(972)692-5197 Fax•(2141891.3652 Mobile.•Iv144eml. mrl.i..c,an • Financing Scenario 2: If the City decides to raise rates gradually over the planning period, every year, then the revenue increases will need to be as shown on Table 1.3. Table 1.3 Key Adequacy Tests Financing Scenario 2 Raise Rates Incrementally Every Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 3.25% 3,779 4,612,890 190 51.9% 56.86 1.79 2008 3.25% (583,689) 4,029,201 142 39.0% 58.71 1.85 2009 3.25% (559,191) 3,470,010 112 30.8% 60.62 1.91 2010 3.25% (383,989) 3,086,021 93 25.5% 62.59 1.97 2011 3.25% 252,619 3,338,640 98 26.8% 64.62 2.03 2012 - 270,821 3,609,462 101 27.7% 64.62 - 2013 - 289,077 3,898,539 105 28.7% 64.62 - 2014 - 208,259 4,106,797 105 28.8% 64.62 - 2015 - 140,594 4,247,392 104 28.5% 64.62 - 2016 - 525,824 4,773,216 116 31.7% 64.62 - 16.25% $ 9.55 • Financing Scenario 3: If the City decides to raise rates gradually over the planning period, every other year, then the revenue increases will need to be as shown on Table 1.4. Table 1.4 Key Adequacy Tests Financing Scenario 3 Raise Rates Incrementally Every Other Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 5.50% 190,490 4,799,602 197 54.0% 58.10 3.03 2008 - (684,297) 4,115,305 145 39.8% 58.10 - 2009 5.50% (441,282) 3,674,023 119 32.6% 61.29 3.20 2010 - (627,842) 3,046,181 92 25.2% 61.29 - 2011 5.50% 258,156 3,304,337 97 26.6% 64.67 3.37 2012 - 276,895 3,581,232 100 27.5% 64.67 - 2013 - 295,689 3,876,921 104 28.5% 64.67 - 2014 - 215,407 4,092,328 105 28.7% 64.67 - 2015 - 148,280 4,240,608 104 28.5% 64.67 - 2016 - 534,047 4,774,655 116 31.7% 64.67 - 16.50% $ 9.60 • SECTION I-EXECUTIVE SUMMARY PAGE 5 McLain Dedsion Support Systems Ruben McLain.Principal•McLain Decision Support Syaeau 201 W.Southwest Pkwy.,.4105•Lewisville.TX 75067 (972)416-6181 Office•(972)692.5397 rue•(IMM)1193.3652 Mobik•boiremclaindikcom 1.6 RATE DESIGN OBJECTIVES: Several rate design alternatives were developed for the City's consideration. However, based on prior discussions with City staff and Council, we have brought two rate design alternatives to the City Council for consideration. Following is a recap of the objectives we wished to achieve with these alternatives: • All alternatives recover the revenues necessary to fund the cost of service for FY 2007. We have brought to the City rate design alternatives which should last for at least the next two years, assuming the overall cost of service does not differ materially than planned. Note — the existing water rate design could last until 10/01/2008, per Table 1.2. • However, we have assumed any changes in rates would be implemented on October 1,2006. 1.7 OVERVIEW OF RATE DESIGN ALTERNATIVES: We are bringing rate design alternatives that have the following characteristics: Table 1.5 - Rate Alternatives Existing Alt Alt Alt . 1 2 3 Includes 1,000 gallons in the monthly minimum bill ✓ ✓ ✓ ✓ Across-the-board increase to existing rate design ✓ Includes existing monthly minimum bills with no change ✓ 1 1 Incorporates a stronger conservation rate design for residential and I ✓ irrigation meters Incorporates a seasonal conservation rate design for residential and I ✓ irrigation meters SECTION I—EXECUTIVE SUMMARY PAGE 6 • I. McLain 1 Dedsian Support Systeats r r`.1 I t I N Robert McLain.Principal•McLain Decision Support System. 201 W.Southwest pray.,.4105•Leanvilk,TX 75067 (972)436-6181 Office•(972)692.5397 Fax•(214)893.3652 Motak•huhimclainJJ,.,om Table 1.6 Existing&Alternative Rate Structures-Water FY 2007 Financing Scenario 2 Financing Scenario 3 Existing 1 2 3 1 2 3 Note(1) Note(1) Revenues Generated $4,752,920 $4,907,390 $4,907,390 $4,907,390 $5,014,331 $5,014,331 $5,014,331 3.25% 3.25% 3.25% 5.50% 5.50% 5.50% Monthly Minimum Bills: Residential $ 8.90 $ 9.19 $ 8.90 $ 8.90 $ 9.39 $ 8.90 $ 8.90 Commercial 8.90 9.19 8.90 8.90 9.39 8.90 8.90 Multi-Family 8.90 9.19 8.90 8.90 9.39 8.90 8.90 Volumetric Rates per Th.Gallons Residential: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.58 $ 2.62 $ 2.29 $ 2.66 $ 2.70 2,001 to 10,000 Gallons 2.90 2.99 2.58 2.62 3.06 2.66 2.70 Over 10,000 Gallons 2.90 2.99 3.37 3.42 3.06 3.47 3.52 Irrigation Meters: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 3.73 $ 3.79 $ 2.29 $ 3.84 $ 3.90 Over 2,000 Gallons 2.90 2.99 3.73 3.79 3.06 3.84 3.90 Commercial&Multi-Family: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.95 $ 2.99 $ 2.29 $ 3.03 $ 3.08 Over 2,000 Gallons 2.90 2.99 2.95 2.99 3.06 3.03 3.08 (1)-Peak months are June-October. With Alternative 3,the higher rate above 10,000 gallons will only be charged during the peak months. Table 1.7 Existing&Alternative Rate Structures-Wastewater Financing Scenario 1 Financing Scenario 2 Existing 1 2&3 1 2&3 Revenues Generated $ 3,545,379 $ 3,660,604 $ 3,660,604 $ 3,740,375 $ 3,740,375 Percentage Increase 3.25% 3.25% 5.50% 5.50% Monthly Minimum Bills: Residential $ 15.00 $ 15.49 $ 15.00 $ 15.83 $ 15.00 Commercial 21.50 22.20 21.50 22.68 21.50 Multi-Family 23.00 23.75 23.00 24.27 23.00 Volumetric Rates per Th.Gallons 1,001 to 2,000 Gallons $ 1.45 $ 1.50 $ 1.57 $ 1.53 $ 1.65 Over 2,000 Gallons(Note 1) 1.45 1.50 1.57 1.53 1.65 Note-Residential volume for wastewater is capped at 14,500 gallons. SECTION 1-EXECUTIVE SUMMARY PAGE 7 McLain 1 A Decision Support Systems Mc LAIN 12(4rrt McLain.Principal•McLain I)rasuon Support Svunns 201 VI'S,mthwc+t Pkw1., 4105•Lcwuvdk.TX 75067 i972)416-015I(Vic,:•(972)692.5197 Fax•(2141891.1652 M.4vle•Iv,14arnaa n.11....un 1.8 CUSTOMER IMPACT: Table 1.8 illustrates the impact of the rate design alternatives on customers at the average consumption levels: Table 1.8 Illustration of Monthly Impact Water&Sewer Monthly Bills Residential Commercial Average Monthly Consumption -June-October 13,000 66,000 Average Monthly Consumption -Nov-May 5,000 39,000 Average Monthly Water&Sewer Bill: Existing $ 55.07 $ 247.16 Average Monthly Water&Sewer Bill:Alternative 1 -(3.25%): $ 56.86 $ 255.19 Difference-$ $ 1.79 $ 8.03 Difference-% 3.25% 3.25% Average Monthly Water&Sewer Bill:Alternative 1 -(5.50%): $ 58.10 $ 260.75 Difference-$ $ 3.03 $ 13.59 Difference-% 5.50% 5.50% Average Monthly Water&Sewer Bill: Alternative 2-(3.25%): $ 55.33 $ 255.93 Difference-$ $ 0.26 $ 8.77 Difference-% 0.47% 3.55% Average Monthly Water&Sewer Bill:Alternative 2-(5.50%): $ 56.49 $ 264.10 Difference-$ $ 1.42 $ 16.95 Difference-% 2.59% 6.86% Average Monthly Water&Sewer Bill:Alternative 3-(3.25%): $ 56.22 $ 262.07 Difference-$ $ 1.15 $ 14.91 Difference-% 2.08% 6.03% Average Monthly Water&Sewer Bill:Alternative 3-(5.50%): $ 56.80 $ 266.33 Difference-$ $ 1.73 $ 19.17 Difference-% 3.14% 7.76% 1 SECTION I-EXECUTIVE SUMMARY PAGE 8 McLain ' Decision Support CP- Systems Mc LAIN Robert McLain.Pnnc9.il•McLain I.)cnu.m Support Systems 201 W.Sondrar+t Pka)..M105•Lewuvtlk.TX 75067 (972)416-6I81(M)i.o•(972)692-5397 Fax•(2141893.3652 Muhik•InF4mclainlis"wit SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS 2.1.INTRODUCTION: A combined ten-year financial plan has been created for the water and wastewater fund using a "bottom-up" approach. Highlights of the City's water and wastewater cost of service over the planning period is presented in this section. Salaries have been supported by staffing tables. Operating and maintenance costs have been calculated in considerable detail. 2.2 KEY COST OF SERVICE ASSUMPTIONS: Water and wastewater costs were projected for the period FY 2007 through FY 2016, based on the proposed FY 2006 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. These financial projections were based on the following essential assumptions: • Growth; • Inflation; • Additional staffing; • Funding of capital program • 2.2.1. Growth assumptions. There is no assumption more critical than the growth assumptions that drive the financial plan. A substantial negative change in this growth forecast will have an adverse financial result, possibly requiring additional rate increases beyond what is shown in this report. Table 2.1 shows 9,073 water meters will be added over the planning period, which will increase water revenues substantially. Furthermore, Table 2.2 shows 10,431 wastewater accounts will be added over the planning period. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 9 McLain A� ' Decision Support 11111.0- Systems Mc LAIN Rohm McLain,Pnncqpd•McLain Decision Support Systems 201 W.Southwest Pkwy...4105•Lewisville.TX 75067 1972)4t6.6181°awe•(972)692-5597 Fax•(2141895.5652 Mo bit •Iv.hiaCnwl:un.lds.<own Table 2.1 Key Findings Growth - Water Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th. Gals.) Growth 2005 N/A 10,246 N/A 11,043 N/A 1,357,777 N/A 2006 488 10,734 4.8% 10,418 -6% 1,341,982 -1.2% 2007 907 11,641 8.4% 10,302 -1% 1,439,042 7.2% 2008 907 12,548 7.8% 10,201 -1°A) 1,536,100 6.7% 2009 907 13,455 7.2% 10,115 -1% 1,633,160 6.3% 2010 907 14,362 6.7% 10,039 -1% 1,730,220 5.9% 2011 907 15,269 6.3% 9,973 -1% 1,827,279 5.6% 2012 907 16,176 5.9% 9,914 -1% 1,924,339 5.3°A) 2013 907 17,083 5.6% 9,861 -1°A 2,021,398 5.0% 2014 907 17,990 5.3°A 9,813 0% 2,118,457 4.8% 2015 907 18,897 5.0% 9,770 0% 2,215,517 4.6% 2016 907 19,804 4.8°A) 9,731 0°A) 2,312,577 4.4% Table 2.2 Key Findings Growth - Water Billed for Wastewater Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 9,653 N/A 9,955 N/A 1,153,144 N/A 2006 559 10,212 5.8% 9,396 -5.6% 1,151,364 -0.2% 2007 1,041 11,253 10.2% 9,298 -1% 1,255,498 9.0% 2008 1,044 12,297 9.3% 9,216 -1% 1,359,906 8.3% 2009 1,044 13,341 8.5% 9,147 -1% 1,464,306 7.7% 2010 1,043 14,384 7.8% 9,088 -1% 1,568,614 7.1% 2011 1,043 15,427 7.3°A) 9,037 -1°A 1,672,923 6.6% 2012 1,043 16,470 6.8% 8,992 0% 1,777,231 6.2% 2013 1,043 17,513 6.3% 8,953 0% 1,881,548 5.9% 2014 1,044 18,557 6.0% 8,918 0% 1,985,948 5.5°A° 2015 1,043 19,600 5.6% 8,887 0% 2,090,248 5.3% 2016 1,042 20,642 5.3% 8,859 0% 2,194,456 5.0% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 10 McLain ' Decision Support Systems McL_AIN R..kn McLun.Pnncmpal•McL..,n 15cctu n Support System. 201 W.Suurhar+t Mu-v.,.4105•Lrwuvmllr.TX 75067 (972)0 6-6181°hue•(972)692-097 Fax•(21•1891.1652 M,dnlr•1,14rnclatnJJ...,,u, • 2.2.2. NTMWD water purchase costs. We have assumed the rate per thousand gallons charged by the North Texas Municipal Water District will increase as follows, beginning in FY 2007. Table 2.4 illustrates the impact on water costs. Table 2.3 Key Findings Water Loss Percentages Inflow/Infiltration Percentages Water Annual Billed Water Percent Annual For Actual& Wastewater Billed of Water Wastewater Projected Flow Fiscal (Th.Gals.) Water Purchased (Th.Gals.) Inflow/ Treated Year Table 2.1 Loss (Th.Gals.) Table 2.2 Infiltration (Th.Gals.) 2006 1,341,982 9.1% 1,476,180 1,151,364 9.1% 1,266,500 2007 1,439,042 9.1% 1,582,946 1,255,498 9.1% 1,381,048 2008 1,536,100 9.1% 1,689,710 1,359,906 9.1% 1,495,897 2009 1,633,160 9.1% 1,796,476 1,464,306 9.1% 1,610,737 2010 1,730,220 9.1% 1,903,242 1,568,614 9.1% 1,725,475 2011 1,827,279 9.1% 2,010,007 1,672,923 9.1% 1,840,215 2012 1,924,339 9.1% 2,116,773 1,777,231 9.1% 1,954,954 2013 2,021,398 9.1% 2,223,538 1,881,548 9.1% 2,069,703 2014 2,118,457 9.1% 2,330,303 1,985,948 9.1% 2,184,543 2015 2,215,517 9.1% 2,437,069 2,090,248 9.1% 2,299,273 2016 2,312,577 9.1% 2,543,835 2,194,456 9.1% 2,413,902 Table 2.4 Key Findings Water Purchases from NTMWD Planned Annual Consumption Actual Planned Rates Take-or- Planned Amount Take-or- Actual NTMWD Fiscal Pay Usage(000's) Over/(Under) Pay Planned Annual Year Minimum Table 2.3 Minimum Minimum Usage Charges Change 2005 1,266,615 1,387,214 120,599 $ 0.97 $ 0.23 $1,252,736 24.8% 2006 1,387,214 1,476,180 88,966 0.97 0.23 1,380,000 10.2% 2007 1,476,180 1,582,946 106,766 1.02 0.24 1,531,328 11.0"/ 2008 1,582,946 1,689,710 106,764 1.08 0.25 1,736,273 13.4% 2009 1,689,710 1,796,476 106,766 1.14 0.26 1,954,029 12.5% 2010 1,796,476 1,903,242 106,766 1.21 0.27 2,202,563 12.7% 2011 1,903,242 2,010,007 106,765 1.29 0.28 2,485,076 12.8% 2012 2,010,007 2,116,773 106,766 1.37 0.29 2,784,672 12.1% 2013 2,116,773 2,223,538 106,765 1.45 0.30 3,101,350 11.4% 2014 2,223,538 2,330,303 106,765 1.53 0.31 3,435,110 10.8% 2015 2,330,303 2,437,069 106,766 1.61 0.32 3,785,952 10.2 2016 2,437,069 2,543,835 106,766 1.61 0.33 3,958,913 4.6% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 1 1 McLain ' Decision Support CP' Systems Mc LAIN Kober(n McL.nn.PnnctP.I•McLain I/cc.i m Support System* 20I W Somihwc.i Pkwy.,44105•Lewuvdle.TX 75067 (9721 416.6181(Mficc•(9721692.5197 Fax•(2141 8914652 M bJe•It l rnd,,nJJ, • 2.2.3. NTMWD wastewater treatment costs. Tables 2.5 through 2.8 illustrate the assumptions used to forecast the wastewater treatment costs. O&M costs have been forecast, using an inflation factor of 3% per year. However, the major cost of each of the wastewater treatment plants is debt service, and NTMWD has provided us with amortization schedules for each of the outstanding issues. Table 2.5 Key Findings NTMWD Wastewater Treatment Costs Wylie Wastewater Treatment Plant Costs Fiscal O&M Debt Total Projected Flow(000's) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 657,323 $ 196,325 $ 853,648 1,055,703 183,983 $ 726,957 $ 126,691 2006 330,721 198,847 529,568 1,055,703 183,983 450,974 78,594 2007 388,956 - 388,956 904,971 334,715 283,938 105,018 2008 358,048 - 358,048 904,971 334,715 261,375 96,673 2009 371,113 - 371,113 904,971 334,715 270,913 100,201 2010 384,727 - 384,727 904,971 334,715 280,851 103,876 2011 398,917 398,917 904,971 334,715 291,209 107,708 2012 413,709 - 413,709 904,971 334,715 302,008 111,701 2013 429,133 - 429,133 904,971 334,715 313,267 115,866 2014 445,218 - 445,218 904,971 334,715 325,009 120,209 2015 461,996 - 461,996 904,971 334,715 337,257 124,739 2016 479,502 - 479,502 904,971 334,715 350,036 129,465 Table 2.6 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Interceptor Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 21,172 $ 267,485 $ 288,657 2,153,500 1,387,000 $ 175,575 $ 113,082 2006 46,129 266,231 312,360 2,153,500 1,387,000 189,992 122,368 2007 (22,727) 265,869 243,142 2,584,565 955,935 177,493 65,648 2008 (21,156) 265,263 244,107 2,584,565 955,935 178,198 65,909 2009 (19,537) 269,413 249,876 2,584,565 955,935 182,409 67,466 2010 (17,870) 268,075 250,205 2,584,565 955,935 182,650 67,555 2011 (16,152) 266,494 250,341 2,584,565 955,935 182,749 67,592 2012 (14,384) 269,669 255,285 2,584,565 955,935 186,358 68,927 2013 (12,562) 267,356 254,795 2,584,565 955,935 186,000 68,795 2014 (10,685) 269,800 259,115 2,584,565 955,935 189,154 69,961 2015 (8,752) 266,756 258,004 2,584,565 955,935 188,343 69,661 2016 (6,761) 269,956 263,195 2,584,565 955,935 192,132 71,063 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 12 McLain ' Decision Support ILIIP Systems McLAIN Robert McLain.Principal•McLain Decision Support System. 201 V('.So uihweat Pkwy.,NIOS•Lewisville,TX 75067 1972)416-618l Office•(972)692.5197 Fax•(2 141 891-1652 Mobile•1,14Ssnclain.l.6.c.mt Table 2.7 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Wastewater Treatment Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 561,826 $1,269,995 $1,831,821 146,000 73,000 $1,221,214 $ 610,607 2006 1,039,580 1,266,995 2,306,575 210,797 73,000 1,713,265 593,310 2007 1,484,347 2,227,259 3,711,605 207,172 76,625 2,709,472 1,002,133 2008 1,896,834 2,225,745 4,122,579 1,055,703 76,625 3,843,602 278,977 2009 1,951,857 2,219,745 4,171,602 1,055,703 76,625 3,889,307 282,295 2010 2,008,993 2,216,495 4,225,488 1,055,703 76,625 3,939,547 285,941 2011 2,068,334 2,215,745 4,284,079 1,055,703 76,625 3,994,173 289,906 2012 2,129,977 2,214,070 4,344,047 1,055,703 76,625 4,050,082 293,964 2013 2,194,020 2,225,740 4,419,760 1,055,703 76,625 4,120,672 299,088 2014 2,260,570 2,228,415 4,488,985 1,055,703 76,625 4,185,213 303,772 2015 2,329,736 2,242,205 4,571,941 1,055,703 76,625 4,262,555 309,386 2016 2,401,635 2,247,145 4,648,780 1,055,703 76,625 4,334,194 314,586 Table 2.8 Key Findings Recap of NTMWD Wastewater Treatment Costs Muddy Muddy Wylie Creek Creek WWTP Interceptor WWTP Fiscal Costs Costs Costs Total Year Table 2.5 Table 2.6 Table 2.7 Costs 2005 $ 726,957 $ 175,575 $ 1,221,214 $ 1,774,798 2006 450,974 189,992 1,713,265 2,354,231 2007 283,938 177,493 2,709,472 3,170,903 2008 261,375 178,198 3,843,602 4,283,176 2009 270,913 182,409 3,889,307 4,342,629 2010 280,851 182,650 3,939,547 4,403,047 2011 291,209 182,749 3,994,173 4,468,132 2012 302,008 186,358 4,050,082 4,538,448 2013 313,267 186,000 4,120,672 4,619,939 2014 325,009 189,154 4,185,213 4,699,376 2015 337,257 188,343 4,262,555 4,788,156 2016 350,036 192,132 4,334,194 4,876,363 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGI 13 McLain ' Decision Support CAP Systems Mc LAIN 'Urn 1vI.L.un.I r m p.l•McLam Nation S q'1o.t S1.rem. 201 W\mthwnt Pkw,e.,.4105•Lewisville,TX 75067 (972)416.6181 Office•(9721 692.5197 Fax•(2141$9 S•1652 M,b&•h nclam l,4.c,. • 2.2.4. Additional staffing. Table 2.9 illustrates the additional of three (3) positions in FY 20092. Table 2.9 Key Findings City of Wylie Utility Staffing Levels Utility Utility Fiscal Admin. Utilities Eng. Billing Total Year (711) (712) (713) (715) Staffing 2005 2.50 14.00 3.00 5.50 25.00 2006 2.50 17.00 3.00 5.50 28.00 2007 2.50 17.00 3.00 5.50 28.00 2008 2.50 17.00 3.00 5.50 28.00 2009 2.50 20.00 3.00 5.50 31.00 2010 2.50 20.00 3.00 5.50 31.00 2011 2.50 20.00 3.00 5.50 31.00 2012 2.50 20.00 3.00 5.50 31.00 2013 2.50 20.00 3.00 5.50 31.00 2014 2.50 20.00 3.00 5.50 31.00 2015 2.50 20.00 3.00 5.50 31.00 2016 2.50 20.00 3.00 5.50 31.00 Table 2.10 Key Findings Personnel-Related Costs Utility Water Sewer Utility Fiscal Inflation Admin. Utilities Eng. Utilities Billing Year Driver (711) (712) (713) (714) (715) Total 2005 6.00% $ 313,860 $ 575,380 $ 303,670 $ 248,040 $ 404,470 $1,845,420 2006 6.00% 271,290 592,280 318,720 241,010 423,500 1,846,800 2007 6.00% 317,250 627,817 266,187 255,471 379,774 1,846,498 2008 6.00% 336,284 665,486 282,158 270,799 402,561 1,957,288 2009 6.00% 356,462 829,900 299,088 337,702 426,716 2,249,868 2010 6.00% 377,851 879,694 317,034 357,964 452,318 2,384,861 2011 6.00% 400,523 932,476 336,057 379,442 479,459 2,527,955 2012 6.00% 424,555 988,424 356,219 402,209 508,227 2,679,634 2013 6.00% 450,028 1,047,730 377,592 426,341 538,720 2,840,411 2014 6.00% 477,031 1,110,593 400,248 451,922 571,043 3,010,837 2015 6.00% 505,651 1,177,229 424,265 479,037 605,306 3,191,488 2016 6.00% 535,991 1,247,863 449,721 507,779 641,625 3,382,978 2 Per City staff. SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 14 McLain ' Decision Support kfilr Systems Mc LAIN Rohm McLain.Pin,trill•McLain Decision Surport Systems 201 W.Southwest Pkw.. 410S•Lewisville,TX 75067 (972)41641181(Vice•(972)692-5197 FA•(214)893.1652 Mobile•linteltmclainilds.coni • 2.2.5. Inflation drivers. Salaries were increased annually using expenditure drivers of 6%, based on the FY 2006 budget. Most other operating and maintenance costs were driven by an annual inflation factor of 3"°. Medical insurance was increased 7% per year. Tables 2.11 and 2.12 illustrate the impact of these inflation drivers on the operating and maintenance costs over the planning period. Table 2.11 Key Findings Total Departmental Operating and Maintenance Costs Including Departmental Capital Excluding NTMWD Costs Utility Water Sewer Utility Combined Fiscal Admin. Utilities Eng. Utilities Billing Services Year (711) (712) (713) (714) (715) (719) Total 2005 $ 365,835 $ 996,506 $ 390,626 $ 425,020 $ 542,457 $ 116,578 $2,837,022 2006 340,580 1,049,880 419,670 492,010 2,441,460 110,960 4,854,560 2007 421,800 1,078,180 433,130 600,360 974,620 115,960 3,624,050 2008 374,706 1,127,928 386,136 625,238 777,241 123,335 3,414,583 2009 395,858 1,301,859 406,588 701,406 812,863 131,039 3,749,615 2010 418,243 1,364,239 428,194 731,764 850,303 139,086 3,931,829 2011 441,936 1,429,953 451,019 763,636 889,663 147,491 4,123,698 2012 467,012 1,499,182 475,134 797,105 931,045 156,267 4,325,745 2013 493,556 1,572,128 500,615 832,260 974,561 165,429 4,538,549 2014 521,654 1,649,004 527,544 869,192 1,020,328 174,994 4,762,716 2015 551,394 1,730,022 556,007 907,993 1,068,474 184,977 4,998,866 2016 582,881 1,815,431 586,085 948,771 1,119,123 195,394 5,247,686 Table 2.12 Key Findings Recap of Operating&Maintenance Costs Departmental Water Wastewater O&M Purchases Treatment Fiscal From From From Year Table 2.11 Table 2.4 Table 2.8 Total 2005 $ 2,837,022 $1,252,736 $1,774,798 $5,864,556 2006 4,854,560 1,380,000 2,354,231 8,588,791 2007 3,624,050 1,518,000 3,170,903 8,312,953 2008 3,414,583 1,736,273 4,283,176 9,434,032 2009 3,749,615 1,954,029 4,342,629 10,046,272 2010 3,931,829 2,202,563 4,403,047 10,537,440 2011 4,123,698 2,485,076 4,468,132 11,076,906 2012 4,325,745 2,784,672 4,538,448 11,648,865 2013 4,538,549 3,101,350 4,619,939 12,259,838 2014 4,762,716 3,435,110 4,699,376 12,897,201 2015 4,998,866 3,785,952 4,788,156 13,572,974 2016 5,247,686 3,958,913 4,876,363 14,082,962 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 15 McLain Dedsion Support Systems M c. I AIN Robert McLain.Principal•McLain Decision Support System. 201 W.Southwest Piney.,.4105•Lewisvilk.TX 75067 (972)436-6181 Office•(972)692.5397 Fax•(214)893.3652 Molak•bd+Mmclwtdds.c m • 2.2.6. Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,000 over the next three years, beginning with a $6,500,000 issue in FY 2006. Table 2.23 and Table 2.24 shows the impact of these debt issues. • 2.2.7. Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for a $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • 2.2.8. Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 -2.29 illustrate the importance of this funding source. Table 2.13 Key Findings Revenue Debt-Existing Water&Sewer Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 112,505 $ 137,149 $ 86,775 $ 336,429 2006 114,093 138,628 84,775 337,495 2007 110,518 139,799 82,775 333,092 2008 111,930 140,665 85,650 338,245 2009 113,473 141,224 83,400 338,097 2010 110,158 141,828 86,025 338,010 2011 111,680 142,549 83,663 337,892 2012 112,910 143,065 86,574 342,549 2013 113,840 143,324 84,566 341,731 2014 114,468 143,290 87,365 345,123 2015 114,785 142,908 84,995 342,688 2016 114,790 147,078 87,463 349,330 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 16 b. McLoin ' Decision Support kb-AP. Systems Mc LAIN Robcn McLain.Prmctprl•McLain Demon Support System 201 W.Suuthwc.t Pkwy.,•4105•Lewwilk,TX 75067 (972)436.6181 Office•(972)692.5397 Fax•(214)893-3652 McMk•b0161mckund6.6eom Table 2.14 Key Findings Revenue Debt-Existing Water Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 20.00% 50.00% Total 2005 $ 56,253 $ 27,430 $ 43,388 127,070 2006 57,046 27,726 42,388 127,159 2007 55,259 27,960 41,388 124,606 2008 55,965 28,133 42,825 126,923 2009 56,736 28,245 41,700 126,681 2010 55,079 28,366 43,013 126,457 2011 55,840 28,510 41,831 126,181 2012 56,455 28,613 43,287 128,355 2013 56,920 28,665 42,283 127,868 2014 57,234 28,658 43,683 129,574 2015 57,393 28,582 42,498 128,472 2016 57,395 29,416 43,731 130,542 Table 2.15 Key Findings Revenue Debt-Existing Water Portion Portion Eligible for Impact Fees %-> 50.0% 45.0% 45.0% %-> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 14,063 $ 6,172 $ 9,762 $ 29,997 2006 14,262 6,238 9,537 30,037 2007 13,815 6,291 9,312 29,418 2008 13,991 6,330 9,636 29,957 2009 14,184 6,355 9,383 29,922 2010 13,770 6,382 9,678 29,830 2011 13,960 6,415 9,412 29,787 2012 14,114 6,438 9,740 30,291 2013 14,230 6,450 9,514 30,193 2014 14,308 6,448 9,829 30,585 2015 14,348 6,431 9,562 30,341 2016 14,349 6,618 9,840 30,807 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 17 McLain A Decision Support Systems f McLAIN Robert McLain.Pnnc'NI•Mc Lam 1>crw n Sulyan Symms 201 W.S,wthw,i F4wy.,.4105•L wi vilk.TX 75067 • (972)416-6181 Officc•(972)692.5397 Fat•1214)891.5652 M„hik•l mclamJds.c,m, Table 2.16 Key Findings Revenue Debt-Existing Wastewater Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 80.00% 50.00% Total 2005 $ 56,253 $ 109,720 $ 43,388 $ 209,360 2006 57,046 110,902 42,388 210,336 2007 55,259 111,840 41,388 208,486 2008 55,965 112,532 42,825 211,322 2009 56,736 112,980 41,700 211,416 2010 55,079 113,462 43,013 211,553 2011 55,840 114,040 41,831 211,711 2012 56,455 114,452 43,287 214,194 2013 56,920 114,660 42,283 213,863 2014 57,234 114,632 43,683 215,548 2015 57,393 114,326 42,498 214,216 2016 57,395 117,662 43,731 218,788 Table 2.17 Key Findings Revenue Debt-Existing Wastewater Portion Portion Eligible for Impact Fees -> 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 26,720 $ 52,117 $ 20,609 $ 99,446 2006 27,097 52,678 20,134 99,909 2007 26,248 53,124 19,659 99,031 2008 26,583 53,453 20,342 100,378 2009 26,950 53,665 19,808 100,422 2010 26,162 53,894 20,431 100,488 2011 26,524 54,169 19,870 100,563 2012 26,816 54,365 20,561 101,742 2013 27,037 54,463 20,084 101,585 2014 27,186 54,450 20,749 102,385 2015 27,261 54,305 20,186 101,753 2016 27,263 55,889 20,772 103,924 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 18 k McLain Decision ' Support ILIkfilP Systems McLA IN Ron McL un.Pnnctpal•McLun Ikctu»n Support Systems 201 W.S,anhweo Pkwry.,.4105•Lewisville,TX 75067 1972)416.6181 Office•(972)692-5397 Rut•(214)893.3652 Mobile•Mh®mJ:+nkhc,n Table 2.18 Key Findings Non-Revenue Debt- Existing Water& Sewer Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ 395,145 $ 230,115 $ 97,776 $ - $ - $ 723,035 2006 364,528 228,643 99,263 - - 692,434 2007 - - 98,791 443,275 151,454 693,520 2008 - - 100,332 442,025 151,454 693,810 2009 - - 101,610 366,600 151,454 619,663 2010 - - 100,472 367,000 151,454 618,926 2011 - - 101,342 214,200 151,454 466,995 2012 - - 101,936 213,038 151,454 466,427 2013 - - 102,297 215,900 151,454 469,651 2014 - - 104,589 217,900 151,454 473,942 2015 - - 104,310 224,400 151,454 480,163 2016 - - 105,900 - 75,727 181,627 Table 2.19 Key Findings Non-Revenue Debt- Existing Water Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 0.00% 90.02% 50.00% 50.00% 50.00% Total 2005 $ - $ 207,143 $ 48,888 $ - $ - $ 256,031 2006 - 205,819 49,632 - - 2007 - 255,450 - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE. 19 McLain A Decision Support Systems Mc LAIN R.Mu McLa,n.Principal•McLain DecisionSappon System 201 W.Sourhwc.,Pkw'.,•4I05•Lewtsvllle.TX 75067 (972)436-6181 Ott.,•(972)692.5397 Fax•(214)893-3652 Mobile•bobimc6rrdd•a,m Table 2.20 Key Findings Non-Revenue Debt- Existing Water Portion Portion Eligible for Impact Fees -> 0.0% 0.0% 50.0% 0.0% 0.0% -> 50.0% 50.0% 50.0% 50.0% 50.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 12,222 $ - $ - $ 12,222 2006 - - 12,408 - - 12,408 2007 - - 12,349 - - 12,349 2008 - - 12,541 - - 12,541 2009 - - 12,701 - - 12,701 2010 - - 12,559 - - 12,559 2011 - - 12,668 - - 12,668 2012 - - 12,742 - - 12,742 2013 - - 12,787 - - 12,787 2014 - - 13,074 - - 13,074 2015 - - 13,039 - - 13,039 2016 - - 13,238 - - 13,238 Table 2.21 Key Findings Non-Revenue Debt- Existing Wastewater Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 100.00% 9.98% 50.00% 50.00% 50.00% Total 2005 $ 395,145 $ 22,971 $ 48,888 $ - $ - $ 467,004 2006 364,528 22,824 49,632 - - 436,984 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 20 McLain --.., AlDecision Support Systems Mc LAIN Robert Md.a,n.Principal•McLain Decision Support System. 201 VI',ti,xnhac.t PLwy.,.4105•Lewisville.TX 75067 1972)436-6181 ilftkc•1972)692-5397 F.x•12141 891-16 5 2 M.d.ik•MF4nrclwnJJ..a.n Table 2.22 Key Findings Non-Revenue Debt- Existing Wastewater Portion Portion Eligible for Impact Fees %-> 0.0% 0.0% 95.0% 0.0% 0.0% %-> 0.0% 0.0% 50.0% 0.0% 0.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 23,222 $ - $ - $ 23,222 2006 - - 23,575 - - 23,575 2007 - - 23,463 - - 23,463 2008 - - 23,829 - - 23,829 2009 - - 24,132 - - 24,132 2010 - - 23,862 - - 23,862 2011 - - 24,069 - - 24,069 2012 - - 24,210 - - 24,210 2013 - - 24,296 - - 24,296 2014 - - 24,840 - - 24,840 2015 - - 24,774 - - 24,774 2016 - - 25,151 - - 25,151 Table 2.23 Key Findings Water Capital Improvement Plan(from Impact Fee Study) Table 1 of 2 Newport South Automated Harbor Nortex NTMWD Ballard Fiscal Meter Ease- Pump Pump Pump Elevated Water Year Reading ments Station Station Station Tank Lines Total 2006 $ - $ 89,350 $ - $ - $ - $ - $ - $ 89,350 2007 1,000,000 89,350 1,255,200 163,000 941,000 - 4,448,500 7,897,050 2008 - 89,350 160,000 358,000 - - 1,365,000 1,972,350 2009 - 89,350 160,000 913,000 130,000 - - 1,292,350 2010 - 89,350 - - - 2,675,000 99,000 2,863,350 2011 - 89,350 844,000 135,000 - - - 1,068,350 2012 - 89,350 - 675,000 136,000 - 1,213,000 2,113,350 2013 - 89,350 - - - - - 89,350 2014 - 89,350 - - - - - 89,350 2015 - 89,350 - - - - - 89,350 2016 - 89,350 - - - - - 89,350 $1,000,000 $ 982,850 $2,419,200 $2,244,000 $1,207,000 $2,675,000 $7,125,500 $17,653,550 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 21 McLain A Decision Support Systems Mc LAIN Robert McLain.Pnncnpal•McLain Decision Sopron Systems 201 W.Southwest Pkwy.,•4105•Lawuv,lk.TX 75067 (972)416-6181 Office•(972)692.5197 Fax•(214)$91.1652 Mobile•bnbitnclainM..com Table 2.23 Key Findings Water Capital Improvement Plan Table 2 of 2 Total ' Sources Drawdown Drawdown Total Uses Minus Planned of of Sources of Uses Fiscal Bond Impact Operating of Funds of Ending Year Issues Fees Reserves Funds Table 2.23 Funds Balance 2006 $ - $ - $ 89,350 $ 89,350 $ 89,350 $ - $ - 2007 6,500,000 4,000,000 89,350 10,589,350 7,897,050 2,692,300 2,692,300 2008 - - 89,350 89,350 1,972,350 (1,883,000) 809,300 2009 6,980,000 - 89,350 7,069,350 1,292,350 5,777,000 6,586,300 2010 - - 89,350 89,350 2,863,350 (2,774,000) 3,812,300 2011 - - 89,350 89,350 1,068,350 (979,000) 2,833,300 2012 - - 89,350 89,350 2,113,350 (2,024,000) 809,300 2013 - - 89,350 89,350 89,350 - 809,300 2014 - - 89,350 89,350 89,350 - 809,300 2015 - - 89,350 89,350 89,350 - 809,300 2016 - - 89,350 89,350 89,350 - 809,300 $13,480,000 $ 4,000,000 $ 982,850 $18,462,850 $17,653,550 Table 2.24 Key Findings Planned Annual New Debt Service 2007 2009 Water-> $ 6,500,000 $ 6,980,000 Sewer-> - - Year $ 6,500,000 $ 6,980,000 Total 2006 $ - $ - $ - 2007 390,000 - 390,000 2008 715,000 - 715,000 2009 695,500 418,800 1,114,300 2010 676,000 767,800 1,443,800 2011 656,500 746,860 1,403,360 2012 702,000 725,920 1,427,920 2013 678,600 704,980 1,383,580 2014 655,200 753,840 1,409,040 2015 631,800 728,712 1,360,512 2016 608,400 703,584 1,311,984 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 22 McLain A Decision Support Systems OLr McLAIN R,,kn MAam,I'nnci I•I.kLain lyecnmon Sgj'on Systems 201 W.Southwest Pkwy.,0410i•Lewiwtlle.TX 75067 19721 4 16-61SI Office•(972)691.5397 Fax•12141 893.3651 Mobik•h,tnclatndd..,.,, Table 2.25 Key Findings Planned Annual New Debt Service-Water Portion Eligible for Impact Fees 2007 2009 Water-> $ 6,500,000 $ 6,980,000 %-> 60.9% 34.4% %-> 50.0% 50.0% Year $ 1,980,756 $ 1,199,433 Total 2005 $ - $ - $ - 2006 - - - 2007 118,845 - 118,845 2008 217,883 - 217,883 2009 211,941 71,966 283,907 2010 205,999 131,938 337,936 2011 200,056 128,339 328,396 2012 213,922 124,741 338,663 2013 206,791 121,143 327,934 2014 199,660 129,539 329,199 2015 192,530 125,221 317,750 2016 185,399 120,903 306,302 Table 2.26 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments j Muddy Wylie Creek WWTP Muddy Muddy WWTP Fiscal Series Creek Creek Expansion Year 1988 Interceptor WWTP $12,250,000 Total 2005 $ 196,325 $ - $ - $ - $ 196,325 2006 198,847 162,401 772,867 - 1,134,115 2007 - 162,180 770,274 588,353 1,520,808 2008 - 161,810 769,969 587,735 1,519,515 2009 - 164,342 765,699 588,345 1,518,386 2010 - 163,526 763,717 588,345 1,515,588 2011 - 162,561 763,869 587,735 1,514,166 2012 - 164,498 761,018 589,565 1,515,081 2013 - 163,087 767,069 590,633 1,520,789 2014 - 164,578 771,446 587,888 1,523,911 2015 - 162,721 777,113 590,633 1,530,466 2016 - 164,673 781,346 589,413 1,535,432 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 23 McLain -' A Decision Support 411111.-P- Systems McLAIN R,drn M L.un,Ptm.gvl•McLain Decision Support System. 201 W.S.+uthw,st Pkwy.,•4105•Lewisville.TX ISM i`)7 21416-6151(Alice•1072)692.5197 Fax•12141893-1652 Mobile•Iodiltnclam.klt.c.nn Table 2.27 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Portion Eligible for Impact Fees %-> 95.0% 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% 50.0% Wylie Muddy WWTP Muddy Muddy Creek Fiscal Series Creek Creek WWTP Year 1988 Interceptor WWTP Expansion Total 2005 $ 93,254 $ - $ - $ - $ 93,254 2006 94,452 77,141 367,112 - 538,705 2007 - 77,035 365,880 279,468 722,384 2008 - 76,860 365,735 279,174 721,769 2009 - 78,062 363,707 279,464 721,233 2010 - 77,675 362,766 279,464 719,904 2011 - 77,217 362,838 279,174 719,229 2012 - 78,137 361,483 280,043 719,663 2013 - 77,466 364,358 280,550 722,375 2014 - 78,175 366,437 279,247 723,858 2015 - 77,293 369,128 280,550 726,972 2016 - 78,220 371,139 279,971 729,330 Table 2.28 Key Findings Recap of Use of Impact Fees- Water Water Portion For For Existing For Existing Non- Planned Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.15 Table 2.20 Table 2.25 Total 2005 $ 29,997 $ 12,222 $ - $ 42,219 2006 30,037 12,408 - 42,445 2007 29,418 12,349 118,845 160,612 2008 29,957 12,541 217,883 260,381 2009 29,922 12,701 283,907 326,530 2010 29,830 12,559 337,936 380,325 2011 29,787 12,668 328,396 370,850 2012 30,291 12,742 338,663 381,696 2013 30,193 12,787 327,934 370,914 2014 30,585 13,074 329,199 372,858 2015 30,341 13,039 317,750 361,130 2016 30,807 13,238 306,302 350,346 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 24 v. McLain ' Decision Support 411b- Systems f Mc LAIN Rohn)kLam.Print(NI•McL+m lk.ctslom SUp{xnt Systems 201 W.Southwest Pkwy.,•4105•Lewuvtlk.TX 75067 (972)436-6181( l c •(972)692-5397 Fax•(214)893-3652 Mohtk•1,1.6mclam la.t0111 Table 2.29 Key Findings Recap of Use of Impact Fees- Wastewater For For For Existing NTMWD Existing Non- Contract Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.17 Table 2.22 Table 2.27 Total 2005 $ 99,446 $ 23,222 $ 93,254 $ 215,922 2006 99,909 23,575 538,705 662,189 2007 99,031 23,463 722,384 844,877 2008 100,378 23,829 721,769 845,976 2009 100,422 24,132 721,233 845,788 2010 100,488 23,862 719,904 844,254 2011 100,563 24,069 719,229 843,860 2012 101,742 24,210 719,663 845,615 2013 101,585 24,296 722,375 848,255 2014 102,385 24,840 723,858 851,083 2015 101,753 24,774 726,972 853,498 2016 103,924 25,151 729,330 858,406 Table 2.30 Key Findings Recap of Debt Service Non- Revenue Revenue Debt Service Debt Fiscal Existing Planned Existing Year Table 2.13 Table 2.24 Table 2.18 Total 2005 $ 336,429 $ - $ 723,035 $1,059,465 2006 337,495 - 692,434 1,029,929 2007 333,092 390,000 693,520 1,416,612 2008 338,245 715,000 693,810 1,747,055 2009 338,097 1,114,300 619,663 2,072,060 2010 338,010 1,443,800 618,926 2,400,736 2011 337,892 1,403,360 466,995 2,208,247 2012 342,549 1,427,920 466,427 2,236,896 2013 341,731 1,383,580 469,651 2,194,961 2014 345,123 1,409,040 473,942 2,228,105 2015 342,688 1,360,512 480,163 2,183,363 2016 349,330 1,311,984 181,627 1,842,941 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 25 McLain 1` ' Decision Support Systems McLAIN Robert McLain,Principal•McLain decision Support Squen. 20I W.Southwest Pkwv.,•4105•Lewisville,TX 75067 (9 7 21 4 36-6181 Ott ice•(972)692-5197 Fax•(214)891-3652 Mobile•h.F.ldtnclam.k6.com • 2.2.9. Collection of Impact Fees. In order to give the reader some perspective, the next two tables illustrate the key planning assumptions used, related to the collection and use of water and sewer impact fees. Table 2.31 Key Findings Recap of Impact Fees-Water Sources&Uses of Funds Sources of Funds Uses of Funds Water For Impact Debt Fiscal Beginning Fees Interest Service For Ending Year Balance + Collected + Earned Table 2.28 CIP Balance 2006 $4,279,513 + $ 295,779 + $ 128,385 $ (42,445) $ - $4,661,231 2007 4,661,231 + 1,252,119 + 139,837 (160,612) (4,000,000) 1,892,575 2008 1,892,575 + 1,252,119 + 56,777 (260,381) - 2,941,090 2009 2,941,090 + 1,252,119 + 88,233 (326,530) - 3,954,911 2010 3,954,911 + 1,252,119 + 118,647 (380,325) - 4,945,352 2011 4,945,352 + 1,252,119 + 148,361 (370,850) - 5,974,982 2012 5,974,982 + 1,252,119 + 179,249 (381,696) - 7,024,654 2013 7,024,654 + 1,252,119 + 210,740 (370,914) - 8,116,598 2014 8,116,598 + 1,252,119 + 243,498 (372,858) - 9,239,357 2015 9,239,357 + 1,252,119 + 277,181 (361,130) - 10,407,527 2016 10,407,527 + 1,252,119 + 312,226 (350,346) - 11,621,525 Table 2.32 Key Findings Recap of Impact Fees- Wastewater Sources & Uses of Funds Sources of Funds Uses of Funds Wastewater For Impact Debt Fiscal Beginning Fees Interest Service Ending Year Balance + Collected + Earned Table 2.29 Balance 2006 $6,478,647 + $ 683,963 + $ 194,359 $ (662,189) $6,694,780 2007 6,694,780 + 1,281,789 + 200,843 (844,877) 7,332,536 2008 7,332,536 + 1,285,174 + 219,976 (845,976) 7,991,710 2009 7,991,710 + 1,285,072 + 239,751 (845,788) 8,670,745 2010 8,670,745 + 1,283,943 + 260,122 (844,254) 9,370,557 2011 9,370,557 + 1,283,943 + 281,117 (843,860) 10,091,757 2012 10,091,757 + 1,283,943 + 302,753 (845,615) 10,832,838 2013 10,832,838 + 1,284,046 + 324,985 (848,255) 11,593,614 2014 11,593,614 + 1,285,072 + 347,808 (851,083) 12,375,411 2015 12,375,411 + 1,283,841 + 371,262 (853,498) 13,177,017 2016 13,177,017 + 1,282,712 + 395,310 (858,406) 13,996,634 SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 26 i. McLain A Decision Support %lb"' Systems Mc LAIN Robert McLain.Pnncii al•McLain Damon Support Systems 201 W.Southwest Pkwy..•4105•Lewuvilk.TX 75067 (972)436-6181 Office•(972)692.5397 Fax•(214)893-3652 Mobile•k.lNmclaind,L.c.m • 2.2.10. Renewal and Replacement Costs. The City will have an opportunity, beginning in FY 2008, to begin incorporating the cost of funding the renewal and replacement of the infrastructure of the water and wastewater system out of rates. This is a sound financial policy, which is looked upon favorably by the rating agencies. The basis for the calculation of this transfer is annual depreciation expense. The initial cost for FY 2008 will be $262,500. We are showing this cost in Table 2.33. Table 2.33 Key Findings Recap of Non-Operating Costs Transfers to the Infrastructure Renewal and Replacement Fund Fiscal Annual Depreciation Percentage Funded Transfers Year Water Sewer Water Sewer Water Sewer 2005 $ 620,000 $ 280,000 0.0% 0.0% $ - $ - 2006 645,000 305,000 0.0% 0.0% - - 2007 670,000 330,000 0.0% 0.0% - - 2008 695,000 355,000 25.0% 25.0% 173,750 88,750 2009 720,000 380,000 35.0% 35.0% 252,000 133,000 2010 745,000 405,000 45.0% 45.0% 335,250 182,250 2011 770,000 430,000 55.0% 55.0% 423,500 236,500 2012 795,000 455,000 65.0% 65.0% 516,750 295,750 2013 820,000 480,000 75.0% 75.0% 615,000 360,000 2014 845,000 505,000 85.0% 85.0% 718,250 429,250 2015 870,000 530,000 95.0% 95.0% 826,500 503,500 2016 895,000 555,000 105.0% 105.0% 939,750 582,750 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 27 McLain Decision Support Systems Mc LAIN Roictt McLain.Principal•McLain Ikctsu.n Support Systcm• 201 W.Southwest Pkwy,N105•Lcwtsvilk,TX 75067 (972)456-6181 Office•(972)692-5197 Fax•(214)893.1652 A1.44a1c•1 ,Ititmclntral,aan Table 2.34 Key Findings Recap of Non-Operating Costs Transfer Transfer To Debt To R&R Fiscal Service General Fund Year Table 2.30 Fund Table 2.33 Total 2005 $1,059,465 $ 420,000 $ - $1,479,465 2006 1,029,929 420,000 - 1,449,929 2007 1,416,612 450,000 - 1,866,612 2008 1,747,055 468,000 262,500 2,477,555 2009 2,072,060 487,000 385,000 2,944,060 2010 2,400,736 506,000 517,500 3,424,236 2011 2,208,247 526,000 660,000 3,394,247 2012 2,236,896 547,000 812,500 3,596,396 2013 2,194,961 569,000 975,000 3,738,961 2014 2,228,105 592,000 1,147,500 3,967,605 2015 2,183,363 616,000 1,330,000 4,129,363 2016 1,842,941 641,000 1,522,500 4,006,441 • 2.2.11. General Fund Transfers. We have assumed the transfer to the general fund will increase 4%annually. Table 2.34 shows this transfer. • SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 28 McLain Decision Support Systems M c LAIN Ron McLain.I'rin l•McLain Notion Support S)aetn. 201 W.&wthwmt Pkw..w4105•Lewuvdk.TX 75067 19 7 21 4 16-6181 Off.,•(9721 692.5197 Fax•(2141 893.1652 Mobil.•1 ,64ntrIainatkt an Table 2.35 Key Findings Recap of Total Gross Cost of Service Total Total Non- Operating Operating Total Costs Costs Gross Fiscal From From Cost of Year Table 2.12 Table 2.30 Service 2005 $5,864,556 $ 1,479,465 $7,344,021 2006 8,588,791 1,449,929 10,038,720 2007 8,312,953 1,866,612 10,179,564 2008 9,434,032 2,477,555 11,911,587 2009 10,046,272 2,944,060 12,990,332 2010 10,537,440 3,424,236 13,961,676 2011 11,076,906 3,394,247 14,471,153 2012 11,648,865 3,596,396 15,245,261 2013 12,259,838 3,738,961 15,998,799 2014 12,897,201 3,967,605 16,864,806 2015 13,572,974 4,129,363 17,702,337 2016 14,082,962 4,006,441 18,089,403 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 29 McLain -.~' Decision Support alkudliP Systems Mc LAIN Rahn McLun.Principal•McLam 17ccn,un Support Systems 201 W.Southwest Pkwy..•4105•Lewtsvtlk.TX 75067 ;972)06-6181 Office•(972)692-5397 Fwt•(2141 Nui-1652 Mobile•hnl-dtnclumsids.avn Table 2.36 Key Findings Recap of Non-Rate Operating Revenues Fiscal Water Sewer Reconnect Year Taps Taps Fees Totals 2005 $ 136,169 $ 21,770 $ 35,820 $ 193,759 2006 200,000 29,700 22,000 251,700 2007 150,000 25,000 40,000 215,000 2008 200,000 29,700 43,117 272,817 2009 200,000 29,700 46,233 275,933 2010 200,000 29,700 49,350 279,050 2011 200,000 29,700 52,466 282,166 2012 200,000 29,700 55,583 285,283 2013 200,000 29,700 58,699 288,399 2014 200,000 29,700 61,816 291,516 2015 200,000 29,700 64,932 294,632 2016 200,000 29,700 68,049 297,749 Table 2.37 Key Findings Recap of Non-Rate Non-Operating Revenues Interest Utility Gain on Fiscal from Pretreatment Sale of Misc. Year Investments Fees Assets Income Totals 2005 $ 441,638 $ 36,000 $ 193,305 $ 129,976 $ 800,919 2006 60,000 38,000 - 40,000 138,000 2007 50,000 38,000 - 136,860 224,860 2008 50,000 38,000 - 136,860 224,860 2009 43,700 38,000 - 136,860 218,560 2010 37,600 38,000 - 136,860 212,460 2011 33,400 38,000 - 136,860 208,260 2012 36,100 38,000 - 136,860 210,960 2013 39,000 38,000 - 136,860 213,860 2014 42,100 38,000 - 136,860 216,960 2015 44,300 38,000 - 136,860 219,160 2016 45,800 38,000 - 136,860 220,660 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 30 McLain Decision Support ilLOP Systems MCLAIN Rohm McLain.Principal•McLain tkcwai Support Systems 201 W.Sornhwcet Iskwy.,•4105•Lewuvilk,TX 75067 19721 416.6151 Office•(9721 6925197 Fax•(214)891-1652 hMdk•l-obbnsclainj.kcnn Table 2.38 Key Findings Recap of Revenue Offsets Drawdown Drawdown of of Non-Rate Non-Rate Water Wastewater Operating Non-Operating Impact Impact Fiscal Revenues Revenues Fees Fees Year Table 2.36 Table 2.37 Table 2.28 Table 2.29 Totals 2005 $ 193,759 $ 800,919 $ 42,219 $ 215,922 $ 1,252,819 2006 251,700 138,000 42,445 662,189 1,094,334 2007 215,000 224,860 160,612 844,877 1,445,349 2008 272,817 224,860 260,381 845,976 1,604,034 2009 275,933 218,560 326,530 845,788 1,666,811 2010 279,050 212,460 380,325 844,254 1,716,089 2011 282,166 208,260 370,850 843,860 1,705,136 2012 285,283 210,960 381,696 845,615 1,723,554 2013 288,399 213,860 370,914 848,255 1,721,428 2014 291,516 216,960 372,858 851,083 1,732,416 2015 294,632 219,160 361,130 853,498 1,728,420 2016 297,749 220,660 350,346 858,406 1,727,160 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 31