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09-12-2006 (City Council) Agenda Packet Wylie City Council Wylie Parks and Recreation Facilities Development CITY O F WYLIE Corporation NOTICE OF MEETING Regular Meeting Agenda Tuesday, September 12, 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 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvliete.vas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: ia'ww.wvlietevas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. September 12,2006 Wylie City Council Regular Meeting Agenda Page 2 of 5 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 August 22,2006 Regular Council Meeting and the August 29, 2006 and September 5, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for Habitat For Humanity, generally located at 408A Jackson Avenue, Lots 2B, 2C & 2F, Block 2 in the Russell #1 Addition. (M. Manson, City Manager) C. Consider, and act upon, approval of a Final Plat for Olde City Park Addition, formerly Keller's First Addition Block 4, Lots 4-11, generally located north of S.H. 78, east of Jackson Avenue and west of Ballard Avenue. (M. Manson, City Manager) D. Consider, and act upon, an amendment to the contract by and between the City of Wylie and APAC-Texas, Inc. for asphalt overlay and sealed coating. (M. Sferra, Public Services Director) E. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. 2. Consider, and act upon, amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) amending the bylaws, by the City Council of the City of Wylie. ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL September 12,2006 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA General Business 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Executive Summary As set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of Sales Tax Funds for projects approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. 2. Consider, and act upon, Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006-2007, beginning October 1, 2006 and ending September 30,2007. (L. Williamson, Finance Director) Executive Summary The tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per $100 assessed valuation from $0.695 to $0.715. For all budgeted funds, the projected totals for available revenues and expenditures are $103,180,350 and $66,669,190, respectively. At its August 8 meeting, Council accepted the proposed ad valorem tax rate of$0.715 per$100 valuation for FY 2006-2007. The Fund summary was published in the Wylie News on August 23,2006.Council held a public hearing relating to the budget on August 29,2006. 3. Consider, and act upon, Ordinance No. 2006-57 fixing the tax rate/levy for 2006 and for the fiscal year 2006-2007 Budget. The tax rate proposed is seventy one and one- half cents ($0.715) per$100 of assessed value. (L. Williamson, Finance Director) Executive Summary The tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per $100 assessed valuation from $0.695 to$0.715.The tax rate for maintenance and operations is$0.570203 per$100 of assessed valuation and the debt service rate is $0.144797. This tax ordinance will generate new levies of$10,560,674 in the General Fund and$2,681,771 in the General Obligation Debt Service Fund.Article 7,Section 3 (D). 4. Consider, and place on file, the Monthly Revenue and Expenditure Report as of June 30 and July 31, 2006. (L. Williamson, Finance Director) Executive Summary The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 5. Consider, and act upon, Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Executive Summary The Finance Department has had many requests from various departments asking for the ability to accept credit/debit card payments for city services. Utility billing, Municipal Courts, Park and Recreation, Building Permits and the Animal Shelter have made the request and have enough volume to support initially the need for this method of payment.The use of credit cards by city residents does not save the city any money with respect to either payment acceleration or a reduction in labor or material cost to any degree.It will however reduce the number of bad checks received by the city. September 12,2006 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider, and act upon, approval of AIA Document B141-1997 Part 1 and 2, between the City of Wylie and Wiginton-Hooker-Jeffry, P.C. Architects for design services related to Fire Station #3. (M. Manson, City Manager) Executive Summary The City Council selected Wiginton-Hooker-Jeffrey Architects to design the new Fire Station. The negotiated contract sets out the total estimated fee of$117,850 for basic services, a maximum of$52,705 for optional services, and $20,000 for reimbursable expenses, for a total of$190,555. The 2005 Bond identified $1,500,000 for Station 3 design and construction. The proposed size of the station is 11,500 square feet,with exact size to be determined during programming. 7. (MOTION TO REMOVE FROM TABLE): 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, 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 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. 8. Consider, and act upon, Ordinance No. 2006-59 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). (C. Hoisted, City Engineer) Executive Summary On August 29th, 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the recently approve capital improvements plan (CIP)as well as a proposed$3,000,000 bond issue for the expansion of the public works facility. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore,the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporates the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the proposed expansion of the Muddy Creek Regional Wastewater Treatment Plant. 9. Consider, and act upon, authorizing the Wylie Economic Development Corporation to expend $175,224.00 to purchase ±0.491 acre from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. (S. Satterwhite, WEDC Director) Executive Summary The WEDC has focused on properties closer to the expanded section of Cooper which has Baylor to the North and Shafer Plaza to the south. The focus on properties closer to Baylor/Shafer is based upon the ability to redevelop that section of Cooper independent of the balance of Cooper. The ideal redevelopment scenario will be for the entire area to redevelop simultaneously, but costs associated with acquiring the entire area in the near future are prohibitive. Following approval from the Wylie City Council and closing on the Perry tract,the WEDC will control 1.5 acres(three tracts)on Cooper. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. September 12,2006 Wylie City Council Regular Meeting Agenda Page 5 of 5 WORK SESSION • Discussion of amendments to Ordinance No. 2002-10 regarding Athletic Fees. (R. Diaz, Assistant Superintendent, Parks and Recreation) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 8th day of September, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Special Called Meeting/Work Session Wylie City Council Tuesday, August 29, 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 Rick White, Councilman Merrill Young, Councilman Red Byboth and Councilman Eric Hogue. Staff present were: Acting City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; 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. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Young led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No one was present to address Council during Citizen's Comments. Minutes—August 29,2006 Special Called Meeting/Work Session Wylie City Council Page 1 Mayor Mondv announced that the Executive Session and any possible action as a result of Executive Session regarding Items #1-#4, would be delayed to give the City Attorney time to arrive and asked Council to move to the Regular Agenda Item #1. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: SS 551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advice of its attorney (A) Pending or contemplated litigation;or (B) A settlement offer;or (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 1. Discussion with the City Attorney regarding canceling the Employment Agreement dated July 19, 2004 between Mark Roath and the City of Wylie, Texas and any amendments thereto and terminating Mr. Roath's employment as city manager without cause by giving notice of such termination in accordance with the terms of the Employment Agreement, authorizing the Mayor or his designee to give such notice, and to pay Mr. Roath severance in accordance with his Employment Agreement and any amendments thereto. 2. Discussion with the City Attorney regarding designating an interim city manager in the event Mark Roath is absent or disabled. 3. Discussion with the City Attorney regarding a Severance Agreement and Release between Mark Roath and the City of Wylie, Texas and authorizing the Mayor to execute the same. 4. Discussion with the City Attorney regarding the resignation of Mark Roath as city manager. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 1. Consider, and act upon, canceling the Employment Agreement dated July 19, 2004 between Mark Roath and the City of Wylie,Texas and any amendments thereto and terminating Mr. Roath's employment as city manager without cause by giving notice of such termination in accordance with the terms of the Employment Agreement, authorizing the Mayor or his designee to give such notice, and to pay Minutes—August 29, 2006 Special Called Meeting/Work Session Wylie City Council Page 2 2. Consider, and act upon,designating an interim city manager in the event Mark Roath is absent or disabled. 3. Consider, and act upon, approving a Severance Agreement and Release between Mark Roath and the City of Wylie, Texas and authorizing the Mayor to execute the same. 4. Consider, and act upon,the resignation of Mark Roath as city manager. REGULAR AGENDA Public Hearings 1. Hold the Second Public Hearing on the proposed tax rate for fiscal year 2006-2007 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the 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. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that 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 was held on August 22, 2006. The second public hearing is scheduled for August 29, 2006. The notice of the two public hearings was published in the McKinney Courier-Gazette on August 14, 2006, and the Wylie News on August 16, 2006. The purpose of the second public hearing on August 29, 2006, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the 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. Council Discussion Mayor Mondy asked Mr.Williamson what the current tax rate was. Mr.Williamson replied that the current tax rate was $.695. Mayor Mondy asked what was driving the rate to the proposed rate of $.715. Mr. Williamson explained that the increase was due to the bond propositions which were passed November 8, 2005 by the Wylie voters. He explained that the tax rate is scheduled to increase by $.02 cents each year. Councilman Byboth asked if the City was staying status quo for revenues and expenditures for the other funds. Mr.Williamson stated that was correct within a small margin. Public Hearing Mayor Mondy opened the Public Hearing at 6:04 p.m. asking anyone present wanting to speak on this item to come forward, state their name and address and limit their comments to three minutes. No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:04 p.m. Minutes—August 29,2006 Special Called Meeting/Work Session Wylie City Council Page 3 Announcement of Date, Time, and Place of the Meeting for the Vote on the Final Proposed Tax Rate. Councilman Hogue made a motion, seconded by Mayor Pro Tern Porter to set the date of September 12, 2006, the time to be 6:00 p.m. and the place to be the Wylie Municipal Complex Council Chambers for the vote on the Final Proposed Tax Rate of $.715 for FY 2006-2007. A vote was taken and passed 7-0. 2. Hold a Public Hearing on the fiscal year 2006-2007 Proposed Budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. (L. Williamson, Finance Director) Public Hearing Mayor Mondv opened the Public Hearing at 6:05 p.m. asking anyone present wanting to speak on this item to come forward, state their name and address and limit their comments to three minutes. Steve Bullock residing at 2002 Stonecrest Trail, Wylie Texas addressed Council stating that he was confused with the Tax Notice published in the paper which showed an increase of 7%. Finance Director Larry Williamson addressed Mr. Bullock by explaining that the Notice in the paper reflected the percentage increase of appraised value from last year; due to the large amount of new construction. This brought revenues up by the 7% but the proposed tax rate is a $.02 cent increase. Mr. Bullock thanked Council and staff for their explanation. Mayor Mondv closed the Public Hearing at 6:07 p.m. Announcement of Date, Time, and Place of the Meeting for the Vote on the FY 2006-2007 Proposed Budget. Councilman Newsom made a motion, seconded by Councilman Byboth to set the date of September 12, 2006, the time to be 6:00 p.m. and the place to be the Wylie Municipal Complex Council Chambers for the vote on the Proposed Budget for FY 2006-2007. A vote was taken and passed 7-0. Staff Comments Acting City Manager Manson addressed Council asking for direction to staff regarding the changes presented tonight and revisions made at the July 25, 2006 Work Session and also the August 15, 2006 Work Session. She explained that each change was itemized for easy review. She asked if there was any direction other than the revisions presented, before staff moves forward. Mayor Mondy thanked Acting City Manager Manson and asked Council if there were any other comments or direction. Consensus of Council was to move forward with the proposed budget. General Business 3. (MOTION TO REMOVE FROM TABLE): 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) Minutes—August 29,2006 Special Called Meeting/Work Session Wylie City Council Page 4 Staff Comments Acting City Manager Manson addressed Council stating that staff, the City Attorney and representatives from the Skorburg Company have been working on the Development Agreement for Alanis Crossing up and until the 11th hour. She explained that the City Attorney had not had time to review the final revisions. She recommended that: Council could table the item to the September 12, 2006 Council Meeting, or direct staff to negotiate the contract and bring it back to Council at a later date. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to remove the Development Agreement for Alanis Crossing from the table and re-table the item to the September 12, 2006 Council Meeting so the City Attorney would have time to review the final proposed agreement. A vote was taken and passed 7-0. Mayor Mondv recessed for a short break at 6:11 p.m. City Attorney Richard Abernathy arrived at 6:19 p.m. Mayor Mondv convened into Executive Session at 6:20 p.m., describing exception, SS 551.071 Consultation with Attorney; closed meeting; and listed Items#1 —4. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: SS 551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advise of its attorney (A) pending or contemplated litigation;or (B) a settlement offer;or (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 1. Discussion with the City Attorney regarding canceling the Employment Agreement dated July 19, 2004 between Mark Roath and the City of Wylie, Texas and any amendments thereto and terminating Mr. Roath's employment as city manager without cause by giving notice of such termination in accordance with the terms of the Employment Agreement, authorizing the Mayor or his designee to give such notice, and to pay Mr. Roath severance in accordance with his Employment Agreement and any amendments thereto. 2. Discussion with the City Attorney regarding designating an interim city manager in the event Mark Roath is absent or disabled. 3. Discussion with the City Attorney regarding a Severance Agreement and Release between Mark Roath and the City of Wylie, Texas and authorizing the Mayor to execute the same. Minutes—August 29, 2006 Special Called Meeting/Work Session Wylie City Council Page 5 4. Discussion with the City Attorney regarding the resignation of Mark Roath as city manager. Mayor Mondy reconvened into Open Session at 7:45 p.m. Mayor Mondy recessed Open Session for a short break. Mayor Mondy reconvened into Open Session at 7:55 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 1. Consider, and act upon, canceling the Employment Agreement dated July 19, 2004 between Mark Roath and the City of Wylie,Texas and any amendments thereto and terminating Mr. Roath's employment as city manager without cause by giving notice of such termination in accordance with the terms of the Employment Agreement, authorizing the Mayor or his designee to give such notice, and to pay Mr. Roath severance in accordance with his Employment Agreement and any amendments thereto. 2. Consider, and act upon,designating an interim city manager in the event Mark Roath is absent or disabled. 3. Consider, and act upon, approving a Severance Agreement and Release between Mark Roath and the City of Wylie, Texas and authorizing the Mayor to execute the same. 4. Consider, and act upon,the resignation of Mark Roath as city manager. City Attorney Comments City Attorney Richard Abernathy addressed Council stating that after the meeting last Tuesday, I learned the name of the attorney for Mr. Roath and contacted him on Wednesday morning and we began a series of negotiations which has culminated in a proposed Severance Agreement and Release, and his resignation; however there were some additional changes proposed by Mr. Roath's attorney, and received by me today at between 5:00 and 5:30 p.m. I have consulted with you regarding those changes. I believe that those changes can be resolved and a Severance Agreement and Release and a letter of resignation, probably accomplished, by the end of the week, if you want to consider it. It would require your acceptance which could be considered on next Tuesday (Special Called Meeting); that is the acceptance of the Severance Agreement and Release and the letter of resignation if in fact that occurs. Mr. Abernathy stated that both parties have worked in good faith in an effort to reach an understanding that is consistent with the Employment Agreement and will hopefully be a benefit to both parties. Mayor Mondy asked if the discussion covers only what was written in the employment agreement. Mr. Abernathy replied that it was not in its final form, but the payment that would be made was consistent with the employment agreement that Council worked on last Tuesday when Council met with Mr. Roath in Executive Session to evaluate him. If you are speaking of the monetary values, they are consistent with that. Minutes—August 29, 2006 Special Called Meeting/Work Session Wylie City Council Page 6 Council Action Councilman Hogue stated that based on the advice and direction of our attorney I would like to make the following motions regarding Items 1-4. I make a motion to cancel the Employment Agreement dated July 19, 2004 between Mark Roath and the City of Wylie, Texas and any amendments of the Employment Agreement and his employment as City Manager of Wylie, Texas without cause giving Mr. Roath written notice of the cancellation and termination according to the Employment Agreement. I also move that the Mayor or his designee give Mr. Roath the written notice as soon as possible and the City of Wylie pay him severance in accordance with his Employment Agreement and any amendments to the Employment Agreement. I also move that the notice not be issued to Mr. Roath until the end of business on Friday September 1, 2006 to allow him to submit a written resignation letter and a signed Severance Agreement and Release that has been under negotiation between the attorneys for Mr. Roath and the City of Wylie, Texas. If the letter of resignation is not submitted and the Severance Agreement and Release is not signed by Mr. Roath and submitted to the City Secretary by the close of business on Friday, September 1, 2006, the notice to Mr. Roath shall be given and the City will proceed with the cancellation of the Employment Agreement and termination of Mr. Roath's employment per the Employment Agreement. A second was made by Mayor Pro Tem Porter to all portions of the motions. A vote was taken and passed 7-0. Mayor Mondv convened into Work Session at 8:00 p.m. WORKSESSION • (MOTION TO REMOVE FROM TABLE): Discussion, and possible direction, on 2006 Water and Wastewater Rate Study prepared by McLain Decision Support Systems. Acting City Manager Manson introduced Mr. Bob McLain representing McLain Decision Support Systems. Mr. Bob McLain representing McLain Decision Support Systems addressed Council stating that he had submitted, several days ago a written report and has tonight given Council a hand out to follow the presentation. He explained that for the year ending September 30, 2005 the City was in excellent financial condition. He stated that this year the utility fund would show a deficit if rates and expenditures stayed the same. He advised that in the very near future rates would need to be increased. He reviewed with Council the key planning assumptions which included: water growth at 907 meters per year; Wastewater growth at 1044 customers per year; a $6.5 million bond issue in 2007, and a $6.98 million bond issue in 2009. He proposed three scenarios to Council: 1. Don't raise rates until you absolutely have to; 2. Raise rates incrementally every year; and 3. Raise rates incrementally every other year. He demonstrated figures for each scenario which included Scenario 1 increasing rates over a ten year period by 18.50% or$10.60 based on winter gallons at 5,000 and summer gallons at 13,000 per residence. Scenario 2 using the same factors for usage showed a 16.25% change or $9.55, and Scenario 3 using the same factors for usage showed a 16.50% increase or $9.60. Mayor Mondy stated that he believed scenario #2 was the best option and was less expensive and increased gradually over Minutes—August 29, 2006 Special Called Meeting/Work Session Wylie City Council Page 7 time. Mayor Mondy asked Mr. McLain which scenario he believed was best. Mr. McLain replied that he believed that scenario #2 was the best option for both the City and the utility customers because it was less expensive and it was always better to increase rates over time. Mayor Mondy asked what staff recommendations were. Finance Director Williamson addressed Council stating that he believed scenario #2 was the best; noting that it was important that the City raise the rates each year. He explained that the City's consumption in Muddy Creek has increased to 73% and as our use in Muddy Creek could increase even more, which means we will pay more of the debts, and the operations of Muddy Creek out of the water and sewer fund. Acting City Manager Manson explained that these scenarios did include increases from North Texas Municipal Water District which would allow for additional increases from NTMWD without additional pass through increases to the consumers. Mayor Mondy stated that Council was probably considering option #2. Acting City Manager Manson asked Council for direction regarding the stronger conservation rate design for residential irritation meters and seasonal conservation rate design for residential and irrigation meters. Mayor Mondy stated that consensus of Council was to consider Option #2. ADJOURNMENT With no further business before Council, a motion was made by Councilman Hogue, seconded by Councilman Newsom to adjourn at 8:20 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 29, 2006 Special Called Meeting/Work Session Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Wylie City Council Tuesday, September 5, 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 Tem Carter Porter, Councilman Earl Newsom, Councilman Rich White, Councilman Merrill Young, Councilman Red Byboth and Councilman Eric Hogue. Staff present were: Acting City Manager, Mindy Manson; Police Chief, Jeff Butters; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Wylie citizen Jim Griffin gave the Invocation and Public Works Supervisor Jack Jones led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse,deliberate or take action on any matter presented during citizen participation. No one was present to address Council during Citizen's Comments. Mayor Mondy convened into Executive Session at 6:02 p.m., citing sections §§551.071 and §§551.074 of the Open Meetings Act, closed session, regarding items#1 and #2. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.071 Consultation with Attorney; Closed Meeting Minutes—September 5, 2006 Special Called Meeting Wylie City Council Page 1 1. Consult with the City Attorney regarding the possible termination of the City Manager, resignation of the City Manager and/or Severance Agreement with the City Manager. §§551.074 Personnel Matters; Closed Meeting 2. Deliberate the possible termination of the City Manager, and/or resignation of the City Manager. Mayor Mondv re-convened into Open Session at 6:23 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 2. Consider, and possibly act upon, the acceptance of the resignation of the City Manager and, if necessary, rescinds the Notice of Termination tendered to the City Manager on September 1, 2006. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to accept the resignation of the City Manager, Mark Roath and that Council rescinds the Notice of Termination tendered to the City Manager on September 1, 2006. A vote was taken and passed 7-0. 1. Consider, and possibly act upon,the Severance Agreement and Release between Mark Roath and the City of Wylie, Texas and to authorize the Mayor to execute the same. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to authorize the Mayor to execute the Severance Agreement and Release between Mark Roath and the City of Wylie, Texas. A vote was taken and passed 7-0. 3. Consider, and possibly ratify the Notice of Termination tendered to the City Manager on September 1, 2006. No action was taken on Item #3. Mayor Mondv reconvened into Executive Session at 6:25 p.m. citing sections §§551.071 Consultation with Attorney and §§551.074 Personnel Matters: Closed Meeting; regarding Item #1. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Minutes—September 5,2006 Special Called Meeting Wylie City Council Page 2 §§551.074 Personnel Matters; Closed Meeting 1. To deliberate the appointment,employment, evaluation, reassignment, and duties of an Interim City Manager and/or City Manager. Mayor Mondy convened into Open Session at 7:43 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 1. Consider, and act upon, the appointment of an Interim City Manager and/or City Manager. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to name Mindy Manson as the new City Manager for Wylie, Texas and designate the Mayor to meet with Ms. Manson to negotiate a contract to be brought back for review and approval by the full City Council and any subsequent appointments that Ms. Manson will make under her leadership. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Porter, Councilman Young, Councilman White, Councilman Hogue and Councilman Byboth voting for and Councilman Newsom voting against. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 7:45 p.m., seconded by Councilman Newsom. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—September 5, 2006 Special Called Meeting Wylie City Council Page 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/29/06 Budgeted Amount: $ Exhibits: One Subject Consider, and act upon, approval of a Final Plat for Habitat For Humanity, generally located at 408A Jackson Avenue, Lots 2B, 2C &2F,Block 2 in the Russell#1 Addition. Recommendation Motion to approve a Final Plat for Habitat For Humanity, generally located at 408A Jackson Avenue, Lots 2B, 2C & 2F, Block 2 in the Russell #1 Addition. Discussion The property is currently platted as three separate lots, Lot 2F, 2B and 2C of Block 2 of the Russell No. 1 Addition. With the inappropriate division of the original Lot 2, some lots became land-locked. Lot 2F has frontage along Jackson Avenue. Lots 2B & 2C do not have frontage along a public street and cannot be accessed by emergency vehicles. The subject property measures approximately 163 feet deep by 83 feet wide totaling approximately 13,274 square feet in area. The plat will create two separate lots to accommodate single family residences. The applicant was granted a variance on August 21, 2006 by the Zoning Board of Adjustments to reduce the required lot width, to reduce the required lot size and to reduce the required dwelling size. The subject property is located in an area that has received significant redevelopment throughout the years. The properties to the west were rezoned to Townhouse (TH) District and are developed as duplexes. This is an infill area within the city where a majority of the properties do not meet the regulations of the current code due to the size of the originally platted lots. The applicant is proposing to construct two houses with a dwelling size of 1,200 square feet. Planning&Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director MM 08/29/06 City Manager MAI 06 Page 1of1 0.11151119 0011WICA1E STATE OF TEXAS COUNTY OF COLLIN STATE OF TEXAS KNOW ALL SYTIEBE PRIOETS COWRY OFOOUIN B WHEREAS THRUM ARRA L0CA1 OITAT FOR HRMMN6Y 0611E OWNER OF MO ........................... TRACTS OF LAND LOCATE0 ON.NCI01011 MAWS M THE COY OF WYLE. .....,...............4....T. COLLIP COUNTY.TEI W,MD 1RACTS unc 0 N 0E1105 RECORDED T. ...t..Y,TT!MT Rua 1101 ma ��_� • N VOLUME D].MTA:>tT AND 1411Em11 PAGE i7720oa RECORDS OF RM..M.RN1YrY.Oaf. C maws CALL.cowers.TE0AS,1W 6EN00BCR®A8 POLON8: ` maw c Pon. DENG SITUATEDNTHES.REL S..BOY 1101.9,ARNRMT MO.820, M..N.A.M.rM1..N..1.W.T ..R.�'.. -..� ` MCOLLCOWRY.00V,IFJYS.ND6BP.O.D MOF LOT2.6LOCK2.OF RINBELF .: e. -� OTIOT.AN A00010N E CRY OF RAM COY.COUOE1.3.Y,1 YRT, . ACC01101110 TO THE PLAT THEREOF RECORDED VOLUME 1,PAGE 111.IMP RECORDS OF COLLN COUNTY.TER.ND PART OFNIASVD01EO ALLEY SSUM Or 111. UMYOFCOYN 410 JOJAEJENl TO MD LOT 2.AND REPO YORE PPRO CIRAIB.Y CEOCRIIE0 6Y METES MD ROUNDS AS FOLLOWS BEFORE ma,8.1.Id.1.1.d.$W1..SY...a..wpm.ram L 6L4RMq AT 1?SlO1PrE FOUND no OOIREtNTE FART NOR6W.Y..Tb.NbMhP.mTWs.N.YMVSw bhbMpMq rx RR.TAF-WAY USE OFJMXRO.AVORIE.AT TIE SOUTINYbT CORNER OF A MrMr.w.vY.H.dd.dbN.SW.....dh M..Nh...a..r TRACT OF WADOEBdI/ED IN DEED TONNIONJTISNOPAI AA N•b••S••FW.i1vp.N•LL I P GAUTIgL OF RECODN VOLUME ama,PME 2217.DEED RECORDS O°COIIN IAB1w.wNwwroW..h_..d�MN / COINIY.TECRS wow w ON le ONO TIMM MOUTH WNW EMT ALONG TIESOUM LIM OF SAD 0AU1111ER 11YCT.AT AO6TANCE OF 1633 FEET MS.TIE SUOIEASTCOWER HEREOF COMMON 70 WEMOUTRIEST CORER OF AEDOMIRACT OF na.F....can O..r.Ts LOT 3 LW)DEDCRIIIDN WN A DE®TO A RAMER AND PAMPA A MOTHER OF MOT Yo�1..Tiu I RE:0110 N VOLUM800a,PAGE 3T68,OHO REWMR OF COIN COUNTY, .AAct. ( OM UM I MEAR,AO CO0MWNO FOR A TOT&AOTNICE OF M3IR FEET TO AST NON ROD SET FOR CODER AT THE SOU1EAST GORIER THEREOF ND BENT CER1E5.1IE OF APPROVAL N THE W ID EST UM OF ATRACT OF LA OEStlaEO N A VERO TOBCOTT MER®RIH LEIS ET UX OF RECODN YOU.433%PAGE 2176 m .DEED R. n .db,m.T .. r T____________-'T________________y11 RECORDS OF LO1A1001111TY.113450 61113NCE SOUTH error WEST ALONG THE EAST LS®OF 8AORARO AREA HABITAT FOR RAAANTTY TRACTS.AT A OBTNDE OF MS FEET TO A 59.NO! ROD SET FCN CORNER AT TIE SOUTEAST CORNER TEPEIF.ND CI..PLUM.N 7..Cann* Dab Weil 00.0 MO COMMA.FOR ATOT&06TMICE CF 10.11 FEET TO A SW ROM ROO SET a7 d YdM.To. �[vs. NM 0000 N FOR CORNER N.CENTER OF SAID NANDO®ALLEY; 'w MOM aMatT.IMAMMOt am TIENCENOR1N88YJl•WEST ALOE TM MITER OF SAD AMMOIED AN11..bO.MTleaan MOM w�On `\ _.LOT 2 `um MN•M ALLEY,AD.TNRCE OF 1D.M FAT TO ASS'MON ROD SET FOR CORER. BLOCK 2 11E EAST*0 EOF BADJM100NAVB111E: �-- Y ADDITION...-----„ sr., THENCE NORTHEPOM RE EAST MOD E EAST ROHT-0Sr.F-WAY UM OF MA VOL. 1 PC. J11 \lr JACKSON AVENUE.A OF Q.FEET TOTE RACE OFe6GR.INRM MMv.CI.4.1.To 0.. D.R.C.C.T. APO NTAA.NG 133E=W0RE FRET OR 0301 ACRES OF UM. BEGIN 2_TK tr. S WOW E 163. Mr sir1W ..I AteN.1J LOT 2RA MOWrMREFOE.1010WN1 MI THEE PROW.: 1.8 BLOC(2 • }2• AA 6,637 SOFT. b � TT.PLNO AREAN.TAT FOHMWTY Rom 1 adapt AT0 PM N.FW.R h HAryar.CvdW.I.To D. 11• \' 0.152 ACHES 2 OLOCE. 0.1.5SS Y.W06T1TS AM.TON RESAT OF PRAT OFL0T2 � 1..MwT BLOO(2m WMmbh0.d W7..TOMM.I.MOy dMr.bbh ptla W. 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Ing.M.s This W my Aw NY d_day 0.152 ACRES pal.0• W..gal wry 1.al pImMM Owpan..6 Ma.. .pal• I .p.M.Rd.dbM*No v6.I...N.TqW.andltlb.d HpOYd WNW 1 W..Tenn L L WaMASTM Infl....1TJ y CyP••.Mr ;'lT r- R6If2�21•Rr 1D.M' N1 KLA YMA.p v..W[M.nI MULL Z M.o.o on..Mto,Tom.OM do 0 Cal d MOO,Taos T -I FINAL PLAT I 4.4 RUSSELL'S ADDITION REPLAT OF OOMMOMMAL WOW MOM ME WOWUKf`MO PART OF LOT 2 BLOCK 2 WOW MO.IrIE WY I MAW MOM H,.ATIMM.NM T SEENO A REPLAT OF PART OF LOT 2 MATE OF F . BLOCK 2 OF RUSSELL'S ADDITION COIATY a Coll. ..G.EN.W.y.r.MOO..NwF.momodo d VOL L PG.El,D.LC.C.T. ..........................inf . .di.mo..Npmimmif.«.._W SITUATED N TIE L -J SAMUEL S.SIELBY SURVEY,ABSTRACT NO.1120 WO mOno hod one..eM..N .7d ,m CITY OF WVLE,COLLN COUNTY TEXAS. mO...R YMm 1.61.N WO WV YL• ..TPrN«wbd.oWY.TM. SWEET/a 1 •7maw W.NRER 11JX.R.TROO MOM JULY.200E �'� SCALE:r•20' b W MnsM..t.I.0 aMaW1Y OWL MO. ��~'LAM SURVEYING.INC. JOB NO.0f-07-02t MOO.7a4 ONO.to/.�..t WOOL Rem ,M-M"I, 70t CMlnd Pa1N•.F EON,BUR.1314 DRAM.BY:0!M .a1RY..MR MO L6w1 MART.TM.A M _ Pa1r,T.W 76074 RATE:06/12/06 401 ItleArr P.m W a111R1 naas o T re a a. PM.(R72)861-1700 MOM b UM TAN.A Carr w.a.USDA.DYY./OM p Fa(R72)p.-I HMS OE POMO, TOLOTA0NO ••NO MVO MU OM n.m.a. M.1:Y1reMps-.1a.a«.I N M m' RC rrOOAb wL e.Rr.Mi 00 sn'AT rori>m ROOS n IMO °R ..1i MAauWic u..m�a'Nc Of MO 02mAabL..A MUM Of MO MOTION VNETESMOMOUP aNAa.4TIM OF an 10.Reap MM. PIANO AREA HABITAT FOR/MIAMTY SUM.'9Yar aw.ACE MO RATE NW MO.SMROT TOF.OS M T O WI.aMT OF UTLIIE MO NRnbOFM.... 1100 SYMMS Ma. N.(072)A5 75074 .,p6 U'�•" PHE(PM 398-0634 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/29/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Final Plat for Olde City Park Addition, formerly Keller's First Addition Block 4, Lots 4— 11, generally located north of S.H. 78, east of Jackson Ave. and west of Ballard Avenue. Recommendation Motion to approve a Final Plat for Olde City Park Addition, formerly Keller's First Addition Block 4, Lots 4— 11, generally located north of S.H. 78, east of Jackson Ave. and west of Ballard Avenue. Discussion The applicant is proposing to replat nine (9) separate lots into one single lot for parks and recreation purposes. The gross area of the subject property totals 1.3237 acres (57,661.05 s.f.). 286.95 square feet of Right-Of-Way is being dedicated by this plat. A gazebo will be placed on the northeastern portion of the tract. The playground area will be constructed on the southern end of the subject property. A 20' alley will be replaced by a 20' utility easement running north and south and abutting an existing 20' alley along the northern property line. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. 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II, Dili Jill bli to " •$ Ail b t spy II: a �!� �'s � ELd�:t � 3 rip �iFRR ■■ IRLLEN'S F°P WGTIUN+SdO1,_ . 1 yoL.2%Po.3t5 t� , CSao pE \*G—\ i mi IN , I s e \NtA\ aa@ �r�'� k 4 ik 1 43 _'`4 jF' p - \ ; rt S•S rs R `-r.��e.••• .'s -' I^,E'ALLEY--- : ).Y\ NEI! t. 112"1'� \\,14�' Ce C 1� 1:ELLEN'S F BLOCK 4AW11roN - \;VA,:" ' 1 \,� 1 pp� t �� YUL.1:P0.dtY , \ \ illwrit- ithafti '"S '-J''' . r ..,, ': 5t4. 5 I0 il ' . . . . , J a ' a T \ it g j E _ ; i b• f _i1 i2. — .-- i 1, s 1 a 9 s e , ii hi 1/!: I of i ill l - IIIK.$11 i Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: D Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 100-5411-58210 Date Prepared: September 1, 2006 Budgeted Amount: $275,100 Exhibits: 2 Subject Consider, and act upon, an amendment to the contract by and between the City of Wylie and APAC-Texas, Inc. for asphalt overlay and sealed coating. Recommendation Recommend approval of the amendment to the contract by and between City of Wylie and APAC-Texas, Inc. for asphalt overlay and sealed coating. Discussion Since 1991, the City has maintained an annual contract for resurfacing and seal coating of asphalt streets. The contract provides a flat rate bid to furnish all materials, labor and equipment necessary to perform the work, as ordered by the City. APAC-Texas has held the contract since 1993 and has been the only bidder on the contract since that time. In June 2005, the City solicited competitive sealed bids, and APAC-Texas was again the only bidder. The contract commenced on July 1, 2005 with a term of three years and an option to renew for two successive one year periods. APAC submitted a bid with a flat rate of$44.00 per ton of asphalt laid. Under the contract, rate increases must be submitted by the contractor in writing sixty days prior to the anniversary date of the contract, July 1. The contractor did not notify the City until August 2006, after the anniversary date of the contract, about a proposed rate increase to $66 per ton of asphalt laid. The contractor cited increasing petroleum prices as the reason for the proposed rate increase. Staff consulted with the City Attorney office, and the City Attorney has prepared a contract amendment that incorporates the rate increase into the current contract until December 31, 2006. For any price adjustments after December 31, 2006, the amendment requires the contractor to provide the City with 30 days advance written notice of any price adjustments and the time period the new price shall remain in effect. The City may accept the price adjustment or notify the contractor to discontinue services at that time. Upon approval of the proposed contract amendment, staff is prepared to perform asphalt overlays prior to December 31, 2006 utilizing available funding in the current fiscal year and the funds that will be available in FY 06-07. Following is a list of locations scheduled for asphalt overlays prior to December 31, 2006: Hooper Road— from Hensley Lane to FM 544 Page 1 of 2 Page 2 of 2 Steel Road - from Hooper Road to Regency Hensley Lane—from Service Center to Hooper Road Brown—from Douglas to Bennett North Jackson from SH 78 to dead end Oak Street from Ballard west to railroad tracks Marble from SH 78 west to railroad tracks Williams from SH 78 to Birmingham Approved By Initial Date Department Director MS 09/01/06 City Manager M C I q/q/(,td AMENDMENT TO THE CONTRACT BY AND BETWEEN CITYOF WYLIE AND APAC-TEXAS-INC. FOR ASPHALT OVERLAY AND SEALED COATING This First Amendment to the Contract for Asphalt Overlay and Seal Coating ("Amendment") is made and entered this day of , 2006 by and between the CITY OF WYLIE, TEXAS (the "City") and APAC-Texas, Inc. ("Contractor"). WHEREAS,the City and Contractor entered into a Contract on or about June 28, 2005 for asphalt overlay and sealed coating services with a three year term with renewal options (the "Contract") as a result of Contractor being the successful bidder in response to City's Invitation to Bid for said services(the"Bid"); and WHEREAS, the Bid provided that the prices would remain firm for a period of one year, and it was determined by the City at the time that allowing prices to be adjusted by a contractor based on market conditions would make it more likely that the City would receive responses to the invitation to bid and that the City would not receive artificially high prices as a result of contractors trying to protect themselves from market increases; and WHEREAS, Contractor has notified City that a price increase is necessary; and WHEREAS, the City and Contractor desire to enter into this Amendment to modify the terms of the Contract as hereinafter set forth. NOW, THEREFORE, in consideration of the recitals stated above and the commitments and obligations of the parties set forth hereinafter, the parties hereto covenant and agree to amend the Contract as follows: 1. Amendments. The following shall become part of the Contract between the parties: A. The price per ton for asphalt laid is increased to Sixty-six Dollars ($66.00) per ton from Forty-four Dollars ($44.00) per ton. B. The price per ton for asphalt laid of Sixty-six Dollars ($66.00) per ton shall remain in effect until December 31, 2006. C. For any price adjustments after December 31, 2006 during the remainder of the term, as set forth in the original Contract and Bid, Contractor shall provide the City's Public Services Director with thirty (30) advance written notice of the amount of the adjustment and the time period the new price shall remain in effect. The Public Services Director may accept the price adjustment or notify Contractor to discontinue services if the price adjustment is AMENDMENT TO THE CONTRACT BETWEEN WYLIE AND APAC-TEXAS,INC.—Page 1 460210V1 not acceptable to the City. A notice from the City to discontinue services shall not be considered to be a breach of the Contract or a default under the Contract. 2. Counterparts. This Amendment may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one Amendment. 3. Controlling Agreement. To the extent any provision contained herein conflicts with the Contract, the provisions contained herein shall supercede such conflicting provisions contained in the Contract. 4. Representations. Each party represents and warrants that: (i) all actions or other conditions precedent necessary to bind such party to the terms of this Amendment have been taken and have been satisfied and each party is bound to the full performance of all its obligations set forth in the Contract as amended by this Amendment; (ii) each party has the full right, power, and authority to enter into this Amendment and perform its obligations under the Contract as amended by this Amendment; and (iii) the person or persons executing this Amendment on behalf of such parties have the full right, power and authority to bind that party to the obligations set forth in this Amendment. Each party is relying on the representations contained in this paragraph in entering into this Amendment and each party acknowledges that the City and Contractor have so relied and are entitled to so rely. 5. Binding Effect. The obligations under the Contract as amended by this Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. 6. Ratification. City and Contractor hereby ratify the terms of the Contract and acknowledge and accept that the Contract remains in full force and effect as amended hereby. The provisions of the Contract shall govern except that the provisions of this Amendment shall prevail where there may by changes, conflicts or inconsistencies with the provision of the Contract. 7. Entire Agreement/First Amendment. This Amendment and the Contract embody the entire agreement between the parties regarding the subject matter hereof. There are no oral understandings or agreements between the parties regarding the subject matter hereof. This Amendment may only be amended by written agreement executed by all parties hereto. 8. Performance and Venue. This Amendment shall be governed by and construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. The majority of the work shall be performed in Collin County and City shall execute payments for services in Collin County. AMENDMENT TO THE CONTRACT BETWEEN WYLIE AND APAC-TEXAS,INC.—Page 2 460210VI 9. Assignment. This Amendment may not be assigned without the prior written consent of the City. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date written above. CITY OF WYLIE, TEXAS By: John Mondy, Mayor APAC-TEXAS, INC. By: Kirk Morris, Area Manager AMENDMENT TO THE CONTRACT BETWEEN WYLIE AND APAC-TEXAS,INC.—Page 3 460210V 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 28th day of June, 2005, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part(hereinafter termed"City"), and APAC-Texas, Inc. of the City of Dallas, County of Dallas and State of Texas,Party of the Second Part(hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth,the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: ASPHALT OVERLAY AND SEAL COATING ON CITY STREETS and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Forty-Four Dollars ($44.00) per ton of asphalt laid and One Dollar and Seventy Cents($1.70)per square yard of seal coating performed. THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY O WYLIE CO 0 By:- •AS F . Mo ayori • • Attest:✓ t' ;�: • SEAL Carole Ehrlich,�ity Secra"pary% I c • • ••.•......••• CITY OF WYLIE INVITATION TO BID RETURN TO: PURCHASING AGENT, CITY OF WYLIE 2000 NORTH HIGHWAY 78 WYLIE, TEXAS 75098 Sealed bids shall be received no later than: 2:00 PM,Wednesday,June 15,2005 Mark Envelope: Asphalt Overlay& Seal Coating INSTRUCTIONS/FERN'S OF CONTRACT Sealed bids shall be received for: ASPHALT OVERLAY & SEAL COATING To provide for a contract commencing on July 1, 2005 and continuing for a period of three years, with an option to renew for two successive one year periods upon mutual agreement of both parties. Each bid shall be placed in a separate sealed envelope, manually signed in ink by a person having the authority to bind the firm in a contract and marked clearly on the outside as outlined. It is understood that the City reserves the right to accept or reject any/or all bids for any or all products and/or services covered in this bid request and to waive informalities or defects in bids, or to accept such bids as it shall deem to be in the City's best interest. Altering Bids: Bids cannot be altered or amended after submission deadline. Any alteration or erasure made before the bid opening must be initialed by the signer of the bid, guaranteeing authenticity. Withdrawal of bids: A bid may not be withdrawn or cancelled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon submittal of bid. Sales Tax: The City is, by statute, exempt from state sales tax and federal excise tax; therefore, the bid price shall not include taxes. Bid Award: The City reserves the right to award bid as unit price or lump sum as it deems to be in the best interest of the City. Contract: This bid, when properly accepted by the City, shall constitute a contract equally binding between the successful bidder and the City of Wylie. No different or additional terms will become part of this contract,with the exception of a Change Order. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the term, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Purchasing Agent. DELIVERY CHARGES: All delivery and freight charges (FOB storage sites) shall be included in the bid price. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. EXCEPTION/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept or reject any and/or all exception(s)or substitution(s). DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. ADDENDA: Any interpretations, corrections or changes to this Invitation To Bid and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Purchasing Agent. Addenda will be mailed to all who are known to have received a copy of this Invitation To Bid. Bidders shall acknowledge receipt of all addenda. DESIGN, STRENGTH, QUALITY of materials and workmanship must conform to the highest standards of manufacturing and engineering practice. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. have adequate financial resources,or the ability to obtain such resources as required; 2. be able to comply with the required or proposed delivery schedule; 3. have a satisfactory record of performance; 4. have a satisfactory record of integrity and ethics; 5. be otherwise qualified and eligible to receive an award. The City may request representation and other information sufficient to determine bidder's ability to meet these minimum standards listed above. REFERENCES: The City requests bidder to supply, with this bid, a list of at least three (3) references where like products or services have been supplied by their firm. Include name of firm, address, telephone number and name of representative. BIDDER SHALL PROVIDE with the bid response, all documentation required. Failure to provide this information may result in rejection of bid. SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Wylie and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or an account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, performance under, any contract which may result form bid award. Successful bidder shall pay any judgment with cost which may be obtained against the City growing out of such injury or damages. INSURANCE: The successful bidder shall provide proof of insurance coverage, as follows,with the City named as coinsured. 1. Worker's Compensation, as required by Texas Law. 2. Automobile Liability Insurance with minimum limits (each occurrence) of $300,000 for bodily injury and $100,000 for property damage. 3. Comprehensive General Liability Insurance with minimum limits(each occurrence)of 300,000 for injury or death and$100,000 for property damage. TER1vIINATION OF CONTRACT: This contract shall remain in effect until contract expires, delivery/completion and acceptance of products and/or service ordered or terminated by either party with a thirty(30) days written notice prior to any cancellation. The successful bidder must state therein the reasons for such cancellation. The City of Wylie reserves the right to award canceled contract to next lowest and best bidder as it deems to be in the best interest of the City. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: 1) meet delivery or completion schedules, or 2) otherwise perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. TESTING: Testing may be performed at the request of the City, by an agent so designated, without expense to the City. Test samples may be analyzed at any time during the contract period to assure products furnished are in full compliance with specifications. PATENTS COPYRIGHTS: The successful bidder agrees to protect the City from claims involving infringements of patents and/or copyrights. PAYMENT will be made upon completion and acceptance by the City of all work ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. WARRANTY: Successful bidder shall warrant that all work shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material,workmanship and title. REMEDIES: The successful bidder and the City agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. SURETY BOND: Successful bidder shall furnish and file with the City performance and payment bonds in amounts equal to the total amount of the contract, as evidence by the bid tabulation. The performance bond shall provide for the full and faithful execution of the work and for repair and/or replacement of all defects in materials and workmanship for a period of one year from the date of completion and acceptance. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Collin County, Texas. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part,without the prior written consent of the City. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to the Purchasing Agent, 972-442-8142. SPECIFICATIONS AND BID SUBMITTAL The following specifications are intended to describe the minimum requirements for asphalt overlay and seal coating on city streets. The bid shall be based on a fixed rate per ton of asphalt laid or square yard of seal coat surface treatment, as required. The City estimates the average annual asphalt requirements for street reconstruction to be approximately 5,000 tons. No seal coating is anticipated for the current fiscal year. These estimates do not constitute an order, but only imply the City's probable requirements for the contract period. Work performed under the contract will be ordered and scheduled on an as needed basis. The City shall furnish all equipment, labor and materials (with the exception of prime oil) necessary for the preparation of the sub-grade prior to asphalt resurfacing by the contractor. The contractor shall furnish hot mix asphalt in quantities sufficient for the completion of the project and shall have all asphalt delivered to the contractors lay- down machine. The contractor shall furnish all labor and equipment necessary for the lay-down of hot mix asphalt in accordance with the City's specifications and scheduling for each street resurfacing project. Contractor's equipment shall include, but not be limited to, a standard ten-foot self-propelled asphalt paving machine and self-propelled steel drum and/or pneumatic roller. Contractor shall also furnish and apply to sub-grade a sufficient quantity of MC-30 tack oil to provide a prime coat at the minimum ratio of 2/10 per square yard. The contractor shall also furnish all labor, equipment and materials necessary for seal coating on city streets in accordance with the City's specifications and scheduling. Seal coating performed under this contract shall consist of a double penetration course of aggregate (3/8 to 5/8 chip rock) with AC 5 (or equivalent) penetrating oil. Contractor's equipment shall include a self-propelled broom, chip spreader and double drum roller. Unless otherwise stated herein, all materials, equipment and construction methods covered under this contract shall conform to the Standard Specifications for Public Works Construction as published by the North Central Texas Council of Governments. Bid prices shall remain firm for a period of one year. Contractor shall provide written notification to the City of any proposed price increase sixty days prior to the contract renewal date. Bid Amount Per Ton of Asphalt Overlay: Per Sq. Yard of Seal Coat: i 4102/-rott 1 I1 2/4 1/7et?-:CPINP- PLARS i 045-43141Li Steiej&D Ma/( ) 'P�S�Z..k iAW. Move-In Costlit 1L Y) Days to Move In: 7 Z.F-P i Strad �S goT' L4 1�5f 0�3404, Bid er Name and Address: R D .ZZ4c Tx 7s2 Z,4 4 Phone: 44.741.3 -5 i Fax: Z14'.142..354 Autho a Si ure d Title: 4 %. ,(0,7.„,s. g1 . Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: E Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: August 15, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. Recommendation No changes for fiscal 2007 by remaining with all current carriers under our current broker, The Wylie Insurance Agency. The operating budget adopted by Council for fiscal 2007 provides adequate funding for the proposed employee group insurance plans. Discussion Competitive proposals have been solicited to provide employee group insurance coverage for the 2007 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency, provided the best value to the employees and dependants of the City of Wylie for medical, dental and life insurance. The premium rates quoted by United reflect a -.06% decrease for medical, 7% increase for dental and 0% for life, which is well below the current 11% nationwide average increase for 2007. There are no benefit changes included in this recommendation - all services and fees for employees and their families remain the same. Competitive sealed proposals were solicited for group insurance in accordance with Chapter 252 of The Texas Local Government Code. Approved By Initial Date Department Director LF 08/15/06 City Manager !r t UV ' 4 /06 Page 1of1 FY2007 INSURANCE PROPOSALS STAFF RECOMMENDATION MEDICAL— United Healthcare -.6% Renewal Lifetime Maximum Unlimited Deductible $250.00 Coinsurance 90%/70%after deductible, maximum $2250.00/$4500.00 Office CoPay $15.00 Drug CoPay $100.00 annual deductible, plus$10.00 generic; $30.00 preferred brand; $50 non-preferred brand Proposed Rates: Employee Only $ 437.75 Employee+Spouse $1103.12 Employee+Children $ 739.79 Family $1164.42 DENTAL— United Healthcare +7% Renewal Calendar Year Maximum $1500.00 (Orthodontics for children $750.00) Deductible Preventive—None Basic/Major Services-$50.00 Coinsurance Preventive— 100% Basic—80% Major—50% (no waiting period) Proposed Rates: Employee Only $ 32.68 Employee+Spouse $ 65.35 Employee+Children $ 73.83 Family $110.45 EMPLOYEE LIFE — United Healthcare 0% Renewal Increase Benefit Amount 2x Annual Salary, up to$200,000 maximum Rate Per$1000.00 $.17 DEPENDENT LIFE — United Healthcare 0% Renewal Increase Benefit Amount Spouse-$10,000.00 Child(ren)-$5000.00 each Monthly Premium $1.46 LONG-TERM DISABILITY—Jefferson Pilot -20% Renewal Benefit Amount 60% Monthly Salary, up to $5000.00 per month Rate Per$100.00 $.27 Parks and Recreation Facilities CITY OF WYLIE Development Corporation AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 1- 4-B Agenda Department: City Secretary (City Secretary's Use Only) Prepared By: Gayle Walton Account Code: Date Prepared: September 7, 2006 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006- 2007 Community Services Facilities Capital Improvement Plan. Recommendation A motion to approve FY 2006-2007 4B Budget, authorizing for the FY2006-2007 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 1/2 cent sales tax for parks, recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Mondy Councilmember Eric Hogue Councilmember Rick White Councilmember Merrill Young Shirley Burnett—Library Board Member Dan Chesnut- Parks Board Member Ann Hiney— Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director CE 09/07/06 City Manager /r tM '1 )(‘ Jo Page 1 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE PROPOSED 2004-2005 2005-2006 2005-2006 2006-2007 BEGINNING BALANCE $ 642,922 $ 835,430 $ 735,048 $ 369,050 REVENUES: Sales Taxes 885,607 919,320 919,320 1,136,130 Interest Revenues 16,953 10,000 10,200 10,000 Other Financing Sources 5,655,881 - 7,900 - TOTAL REVENUES 6,558,441 929,320 937,420 1,146,130 TOTAL AVAILABLE RESOURCES 7,201,363 1,764,750 1,672,468 1,515,180 EXPENDITURES: Community Services: 6,189,711 Parks - 587,490 587,490 433,140 Recreation Library - 109,650 109,650 187,230 Transfers to Other Funds 276,604 606,280 606,280 557,970 TOTAL EXPENDITURES 6,466,315 1,303,420 1,303,420 1,178,340 ENDING FUND BALANCE $ 735,048 $ 461,330 $ 369,048 $ 336,840 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 1 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND REVENUES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) TAXES 4000-40210 SALES TAX 503,019 707,127 885,608 919,320 827,606 1,136,130 23.58 TOTAL TAXES 503,019 707,127 885,608 919,320 827,606 1,136,130 23.58 INTEREST INCOME 4000-46110 ALLOCATED INTEREST EARNINGS 0 0 0 0 7,903 0 0.00 4000-46140 TEXPOOL INTEREST 5,090 3,992 14,369 10,000 8,855 0 ( 100.00) 4000-46143 LOGIC INTEREST 952 846 2,096 0 1,338 0 0.00 TOTAL INTEREST INCOME 6,042 4,837 16,464 10,000 18,095 0 ( 100.00) MISCELLANEOUS INCOME 4000-48310 RECOVERY - PRIOR YEAR EXPEND 0 0 0 0 7,900 0 0.00 4000-48410 MISC INCOME 46 16 488 0 0 10,000 0.00 TOTAL MISCELLANEOUS INCOME 46 16 488 0 7,900 10,000 0.00 OTHER FINANCING SOURCES 4000-49320 G 0 BOND PROCEEDS 0 0 5,602,500 0 0 0 0.00 4000-49401 BOND PREMIUM 0 0 53,382 0 0 0 0.00 TOTAL OTHER FINANCING SOURCES 0 0 5,655,882 0 0 0 0.00 TOTAL REVNEUES 509,107 711,980 6,558,442 929,320 853,601 1,146,130 23.33 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 3 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-48 SALES TAX REVENUE FUND 4B PARKS DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5614-51110 SALARIES 134,347 148,542 157,977 168,010 150,631 178,070 5.99 5614-51130 OVERTIME 5,321 5,775 9,700 11,500 5,213 11,500 0.00 5614-51140 LONGEVITY PAY 356 432 616 840 828 1,030 22.62 5614-51145 SICK LEAVE BUYBACK 525 506 606 560 562 2,120 278.57 5614-51160 CERTIFICATION INCENTIVE 734 990 1,121 1,560 1,358 2,210 41.67 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0.00 5614-51210 CAR ALLOWANCE 1,094 0 0 0 0 0 0.00 5614-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0.00 5614-51310 TMRS 12,584 14,797 17,018 16,060 12,272 17,330 7.91 5614-51410 HOSPITAL & LIFE INSURANCE 23,984 28,973 28,971 38,470 32,736 36,800 ( 4.34) 5614-51420 LONG-TERM DISABILITY 454 423 235 920 446 1,000 8.70 5614-51440 FICA 8,372 9,099 10,031 11,390 9,302 12,070 5.97 5614-51450 MEDICARE 1,957 2,122 2,349 2,660 2,175 2,820 6.02 5614-51470 WORKERS COMP PREMIUM 6,437 5,958 6,530 6,140 5,375 6,530 6.35 5614-51480 UNEMPLOYMENT COMP (TWC) 357 844 108 1,080 1,080 1,080 0.00 TOTAL PERSONNEL SERVICES 196,522 218,461 235,262 259,190 221,976 272,560 5.16 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 10,511 16,732 0 0 0 0 0.00 TOTAL CONTRACTUAL SERVICES 10,511 16,732 0 0 0 0 0.00 DEBT SERVICE & CAP. REPL 5614-57310 DEBT SERVICE-FISCAL AGENT FEE 0 0 270 0 0 0 0.00 5614-57420 BOND ISSUE COSTS 0 0 75,612 0 0 0 0.00 5614-57810 CAPITAL REPLACEMENT FEES 0 0 0 0 0 0 0.00 TOTAL DEBT SERVICE & CAP. REPL 0 0 75,882 0 0 0 0.00 CAPITAL OUTLAY 5614-58110 LAND 0 0 5,460,773 0 0 0 0.00 5614-58150 LAND BETTERMENTS 29,700 11,945 417,008 257,650 156,212 122,750 ( 52.36) 5614-58510 MOTOR VEHICLES 0 30,663 0 0 0 0 0.00 5614-58530 HEAVY EQUIPMENT 0 0 0 41,000 30,200 22,500 ( 45.12) 5614-58830 FURNITURE & FIXTURES 0 0 0 3,000 2,905 0 ( 100.00) 5614-58840 OUTDOOR FURNITURE & EQUIPMENT 0 0 0 26,650 24,470 15,330 ( 42.48) 5614-58850 MAJOR TOOLS & EQUIPMENT 0 50,891 0 0 0 0 0.00 5614-58910 BUILDINGS 5,598 0 0 0 0 0 0.00 TOTAL CAPITAL OUTLAY 35,298 93,499 5,877,781 328,300 213,787 160,580 ( 51.09) 5614-58510 MOTOR VEHICLES CURRENT YEAR NOTES: TWO TRUCKS ARE ON THE CIP LIST AND ARE NEEDED FOR EXISTING PERSONNEL SO THAT PERSONNEL CAN DISPERSE AT THE SAME TO MORE LOCATIONS TO PERFORM WORK THEREBY INCREASING PRODUCTIVITY. 5614-58530 HEAVY EQUIPMENT CURRENT YEAR NOTES: MOWERS AND ATHLETIC FIELD VEHICLE ARE ON THE CIP LIST AND ARE NEEDED TO ADEQUATELY MAINTAIN PRESENT AND FUTURE PARK GROUNDS. TOTAL 4B PARKS 242,330 328,692 6,188,924 587,490 435,763 433,140 ( 26.27) 9-05-06 11:13 AM G/L BUDGET REPORT FUND 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 3 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 614 4B PARKS 112-5614-51110 SALARIES 178,070.00 112-5614-51130 OVERTIME 11,500.00 OVERTIME 1 11,500.00 11,500.00 112-5614-51140 LONGEVITY PAY 1,030.00 112-5614-51145 SICK LEAVE BUYBACK 2,120.00 112-5614-51160 CERTIFICATION INCENTIVE 2,210.00 CHEMICAL APPLICATOR LICENSE 3 390.00 1,170.00 IRRIGATION LICENSE 1 390.00 390.00 PLAYGROUND SAFETY INSPECT. 2 325.00 650.00 112-5614-51310 TMRS 17,330.00 112-5614-51410 HOSPITAL & LIFE INSURANCE 36,800.00 112-5614-51420 LONG-TERM DISABILITY 1,000.00 112-5614-51440 FICA 12,070.00 112-5614-51450 MEDICARE 2,820.00 112-5614-51470 WORKERS COMP PREMIUM 6,530.00 112-5614-51480 UNEMPLOYMENT COMP (TWC) 1,080.00 112-5614-57810 CAPITAL REPLACEMENT FEES 0.00 112-5614-58150 LAND BETTERMENTS 122,750.00 J SCOTT PAV CNTY GRNT 1 35,000.00 35,000.00 JSCOTT LNDSCP CNTY GRNT 1 24,930.00 24,930.00 J SCOTT IRRG CNTY GRNT. 1 44,750.00 44,750.00 Valentine Trail, Rollover 06' 18,070.00 112-5614-58510 MOTOR VEHICLES 0.00 0.00 0.00 0.00 112-5614-58530 HEAVY EQUIPMENT 22,500.00 RIDING MOWERS-6FT. 2 11,250.00 22,500.00 112-5614-58840 OUTDOOR FURNITURE & EQUIPMENT 15,330.00 JSCOTT SITE AMMEN GRNT 1 11,330.00 11,330.00 JSCOTT MISC. SIGN GRNT. 1 4,000.00 4,000.00 PAGE TOTAL: 433,140.00 DEPT TOTAL: 433,140.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 4 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-48 SALES TAX REVENUE FUND 48 RECREATION DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5615-51110 SALARIES 32,040 30,260 399 42,820 40,309 46,930 9.60 5615-51112 SALARIES-PARTTIME 26,593 29,634 294 38,100 30,579 38,830 1.92 5615-51130 OVERTIME 0 0 0 0 0 0 0.00 5615-51140 LONGEVITY PAY 84 132 0 70 72 120 71.43 5615-51145 SICK LEAVE BUYBACK 301 389 0 480 417 510 6.25 5615-51160 CERTIFICATION INCENTIVE 0 0 0 0 0 0 0.00 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0.00 5615-51210 CAR ALLOWANCE 0 0 0 0 0 0 0.00 5615-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0.00 5615-51310 TMRS 2,878 2,910 40 3,790 3,155 4,230 11.61 5615-51410 HOSPITAL & LIFE INSURANCE 4,517 4,353 0 10,810 5,788 6,580 ( 39.13) 5615-51420 LONG-TERM DISABILITY 113 65 0 440 135 490 11.36 5615-51440 FICA 3,607 3,681 43 5,050 4,398 5,360 6.14 5615-51450 MEDICARE 850 856 10 1,180 1,028 1,260 6.78 5615-51470 WORKERS COMP PREMIUM 2,606 2,407 0 2,900 2,544 3,080 6.21 5615-51480 UNEMPLOYMENT COMP (TWC) 304 661 0 980 777 970 ( 1.02) TOTAL PERSONNEL SERVICES 73,893 75,347 787 106,620 89,203 108,360 1.63 SUPPLIES 5615-52010 OFFICE SUPPLIES 482 1,002 0 0 0 0 0.00 5615-52070 COMPUTER SOFTWARE 0 50 0 0 0 0 0.00 5615-52130 TOOLS/EQUIP-UNDER $100 0 755 0 0 0 0 0.00 5615-52160 TOOLS/EQUIP-$100-$999.99 763 801 0 0 0 0 0.00 5615-52310 FUEL & LUBRICANTS 0 0 0 200 200 1,500 650.00 5615-52610 RECREATION SUPPLIES 972 814 0 0 0 0 0.00 5615-52710 WEARING APPAREL & UNIFORMS 513 560 0 0 0 0 0.00 5615-52810 FOOD SUPPLIES 1,319 2,191 0 0 0 0 0.00 5615-52990 OTHER 193 0 0 0 0 0 0.00 TOTAL SUPPLIES 4,243 6,173 0 200 200 1,500 650.00 MATERIALS FOR MAINTENANC 5615-54510 MOTOR VEHICLES 0 0 0 250 143 500 100.00 5615-54630 TOOLS & EQUIPMENT 0 933 0 0 0 0 0.00 5615-54650 COMMUNICATIONS 0 0 0 0 0 0 0.00 5615-54810 COMPUTER HARD/SOFTWARE 0 248 0 0 0 0 0.00 5615-54910 BUILDINGS 4,563 1,171 0 0 0 0 0.00 TOTAL MATERIALS FOR MAINTENANC 4,563 2,352 0 250 143 500 100.00 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 42,323 42,145 0 0 74 0 0.00 5615-56080 ADVERTISING 0 2,767 0 0 0 0 0.00 5615-56110 COMMUNICATIONS 0 1,329 0 0 0 0 0.00 5615-56180 RENTAL 0 581 0 0 0 0 0.00 5615-56210 TRAVEL & TRAINING 0 564 0 0 0 0 0.00 5615-56250 DUES & SUBSCRIPTIONS 0 75 0 0 0 0 0.00 TOTAL CONTRACTUAL SERVICES 42,323 47,460 0 0 74 0 0.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 5 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) DEBT SERVICE & CAP. REPL 5615-57810 CAPITAL REPLACEMENT FEES 0 0 0 2,580 2,365 11,870 360.08 TOTAL DEBT SERVICE & CAP. REPL 0 0 0 2,580 2,365 11,870 360.08 CAPITAL OUTLAY 5615-58150 MOTOR VEHICLES 0 0 0 0 0 65,000 0.00 5615-58810 COMPUTER HARD/SOFTWARE 1,995 0 0 0 0 0 0.00 5615-58830 FURNITURE & FIXTURES 5,984 0 0 0 0 0 0.00 5615-58850 MAJOR TOOLS & EQUIPMENT 1,096 0 0 0 0 0 0.00 TOTAL CAPITAL OUTLAY 9,075 0 0 0 0 65,000 0.00 TOTAL 4B RECREATION 134,098 131,333 787 109,650 91,985 187,230 70.75 9-05-06 11:13 AM G/L BUDGET REPORT FUND 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 4 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 615 4B RECREATION 112-5615-51110 SALARIES 46,930.00 112-5615-51112 SALARIES-PARTTIME 38,830.00 112-5615-51140 LONGEVITY PAY 120.00 112-5615-51145 SICK LEAVE BUYBACK 510.00 112-5615-51310 TMRS 4,230.00 112-5615-51410 HOSPITAL & LIFE INSURANCE 6,580.00 112-5615-51420 LONG-TERM DISABILITY 490.00 112-5615-51440 FICA 5,360.00 112-5615-51450 MEDICARE 1,260.00 112-5615-51470 WORKERS COMP PREMIUM 3,080.00 112-5615-51480 UNEMPLOYMENT COMP (TWC) 970.00 112-5615-52310 FUEL & LUBRICANTS 1,500.00 FUEL / OIL RECREATION VAN 1,500.00 112-5615-54510 MOTOR VEHICLES 500.00 GEN MAINT RECREATION VAN 500.00 112-5615-57810 CAPITAL REPLACEMENT FEES 11,870.00 New Vehicle fees 9,290.00 Community Center Van 2,580.00 112-5615-58150 MOTOR VEHICLES 65,000.00 ADA ACCESSIBLE BUS 65,000.00 PAGE TOTAL: 187,230.00 DEPT TOTAL: 187,230.00 TOTAL EXPENDITURES: 1,178,340.00 NET REVENUES/EXPENDITURES: 32,210.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 2 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND NON-DEPARTMENTAL DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) OTHER FINANCING (USES) 5000-59132 TRANSFER TO 4B DEBT SERVICE 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) TOTAL OTHER FINANCING (USES) 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) TOTAL NON-DEPARTMENTAL 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) Parks and Recreation Facilities CIT_Mt Y OF WYLIE Development Corporation AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 2-4-B Agenda Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: August 29, 2006 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon, amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) amending the bylaws, by the City Council of the City of Wylie. Recommendation A motion to approve amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995. Discussion Resolution No. 95-01 established the Wylie Parks and Recreation Facilities Development Corporation for the City of Wylie. Council and Staff have reviewed the Resolution adopted in 1995 and found some revisions necessary due to changes in the Open Meetings laws and subsequent posting requirements. Changes were also made to Article V, regulating resignations and indemnification of Directors, Officers and Employees. Also included were changes to Article II, Board of Directors, Section 1(b) to include a total of 7 members with 4 members designated for the City Councilmember Directors and Places 5-7 designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. The requirement of a member to be appointed from the Library Board was deleted due to changes in laws regulating funding. These changes were amended and approved by the Wylie City Council on December 6, 2005 by the approval of Resolution No. 2006-37(R). Attached is a copy of the proposed bylaws including amendments and a red line copy showing the revisions. The bylaw revisions have been reviewed by Julie Fort, of the City Attorney's Office. Approved By Initial Date Department Director CInE� 8-29-06 City Manager YY W. I/g/06 Page 1 RESOLUTION NO. 2005-37(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION 95-01 AND THE BYLAWS OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS ADOPTED JANUARY 23, 1995. WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act); and, WHEREAS, pursuant to such authority, the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secretary of State's Office on the 17th day of June, 1994; and, WHEREAS, a set of these Bylaws, prepared in accordance with the Act, was approved by the Wylie City Council on the 13th day of September, 1994; and, WHEREAS,it is deemed necessary to make amendments to these Bylaws, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation be amended in the precise form and text as set forth in Attachment A, attached hereto and incorporated for all purposes, pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that the Wylie Parks and Recreation Facilities Development Corporation will adopt such amendments approved by the Wylie City Council at their next Regular Meeting pursuant to Article Ten (b) and (c) of the Articles of Incorporation. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 6th day of December, 2005. °`,,,o y.."1``f/'I,)ohrS Mondy, r .° J Or 6� ,,,, ATTEST: = Carole Ehrlich, City Secretary F`,,,„, h,RlEeR �'°° Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 1 of 6 AMENDMENTS TO BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The following Sections of the Bylaws of Wylie Park and Recreation Facilities Development Corporation adopted by Resolution 95-01 are amended as set forth below: Article II — Board of Directors, Section 1 — Powers, Numbers and Term of Office, Subsections (b) and (c) are amended to read as follows: (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Councilmember Directors and Places 5-7 are designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. These appointments will be classified as citizen member directors. (c) Each member of the Board shall be appointed by the City Council for a two (2) year term. Any vacancy occurring before a term is completed shall be filled by appointment by the City Council as set forth in the Articles of Incorporation. All directors shall have the qualifications set forth herein and in the Articles of Incorporation. Article II — Board of Directors, Section 3 — Notice of Meetings is amended to read as follows: Section 3. Notice of Meetings. To the extent that the Open Meetings Act conflicts with the provisions of this section, the Open Meetings Act shall govern. (a) Regular meetings and Special meetings of the Board shall be held, following written notice to the Directors by the City Secretary, at such times and places as shall be designated from time to time by the Board. Written notice to each Director may be provided by first class mail, electronic mail or hand delivery and shall be considered provided on the day it is sent and the written notice shall be sent on or before the date the notice of the meeting is posted at City Hall in accordance with the Open Meetings Act. Special Meetings of the Board shall be held whenever called by the Chair of the Board, by a majority of the directors, by the Mayor of the City, or by a majority of the City Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 4 hereafter. (b) The City Secretary shall give notice to each director of each Special Meeting in person, by mail, by electronic mail, or telephone, at least seventy two (72) hours before the meeting, unless deemed an emergency meeting by Section 551.045 of the Open Meetings Act. Such notice shall be considered provided on the day it is sent or on the day it is verbally conveyed or on the day a voice message is left with the notice information. Unless otherwise indicated in the notice thereof, any and all matters Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 2 of 6 pertaining to the purposes of the Corporation may be considered as acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation or said notice shall be deemed sufficient if sent by electronic mail to the person entitled thereto at his or her electronic mail address as it appears on the books of the Corporation. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Article II — Board of Directors, Section 4 — Open Meetings Act is amended to read as follows: Section 4. Open Meetings Act. Notwithstanding anything contained herein to the contrary, all meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Texas Government Code (Vernon's) Chapter 551, as amended (herein referred to as the"Open Meetings Act"). Article II — Board of Directors, Section 9 — Powers and Duties of the Chairman and Vice Chairman of the Board is added to read as follows: Section 9. Powers and Duties of the Chairman and Vice Chairman of the Board. The Chairman of the Board (the "Chair") shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board as set forth herein, to call a special meeting of the Board when in his or her judgment such a meeting is required. (d) Shall have the authority to appoint, with Board approval, standing committees to aid and assist in its business undertakings or other matters incidental to the operations and functions of the Board. Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 3 of 6 (e) Shall have the authority to appoint, with Board approval, ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the Chair shall perform all duties incidental to the office, and such other duties as shall be prescribed from time to time by the Board. The Vice Chair shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the Chair of the Board during that officer's absence or inability to act. Any action taken by the Vice Chair in the performance of the duties of the Chair of the Board shall be conclusive evidence of the Chair's absence or inability to act as Chair at the time such action was taken. Article III — Officers, Section 1 — Titles and Terms of Office and Section 3 — Vice President is amended to read as follows: Section 1. Titles and Terms of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of office shall be two (2) years, with the right of an officer to be reappointed. (b) All officers shall be elected by and be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the entire Board. (d) All officers shall be subject to removal from office at any time by a vote of the majority of the City Council. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the Vice President in performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant City Manager shall be the Vice President. Article IV — Functional Corporate Duties and Requirements, Section 1 — Facilities Capital Improvement Plan and Section 2 — Multi-Year Financial Plan are hereby amended to read as follows: Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 4 of 6 Section 1. Facilities Capital Improvement Plan. (a) It shall be the duty and obligation of the Board to finance and implement the Facilities Capital Improvement Plan as adopted by the Wylie City Council. (b) In carrying out its obligations under Section (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Section 4B thereof. (c) The President shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the "Plan"). Prior to the beginning of the Fiscal Year, the President will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to or contemporaneously with the adoption of the Corporation's fiscal budget. Article V — Miscellaneous Provisions, Section 4 — Resignations and Section 7 — Indemnification of Directors, Officers and Employees are hereby amended to read as follows: Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be tendered in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Any director no longer serving in the capacity for which he was appointed will be deemed resigned and a qualified replacement will be appointed by the City Council. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as it exists or may be amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 5 of 6 attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. Adopted this 6th day of December, 2005. Chairman of the Board Print Name: John Mondy Attest: Secretary of the Corporation Print Name: Carole Ehrlich APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE BY RESOLUTION NUMBER 2005-37(R) ON THE 6th DAY OF DECEMBER, 2005. Ma r of the ity Wylie, Texas ,,oItPtaip�, ame: John Mondy ` 4 Attest: y��/� City ecretary �� r. Print Name: Carole Ehrlich Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 6 of 6 Deleted <sp> RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION 95-01 AND THE BYLAWS OF THE WYLIE Deleted: PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS ADOPTED JANUARY 23,1995. WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vemon's Annotated Civil Statutes(the Act);and, WHEREAS, pursuant to such authority, the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secretary of State's Office on the 17th day of June, 1994;and, WHEREAS, a set of these Bylaws, prepared in accordance with the Act, was approved by the Wylie City Council on the 13m day of September, 1994;and, WHEREAS,it is deemed necessary to make amendments to these Bylaws, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation be amended in the precise form and text as set forth in Attachment A, attache&hereto and incorporated for all puiroses, (Deleted: (which is pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. (Deleted:) BE IT FURTHER RESOLVED that the Wylie Parks and Recreation Facilities Development Corporation will adopt such amendments approved by the Wylie City Council at their next Regular Meeting pursuant to Article Ten(b) and(c) of the Articles of Incorporation. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas,on this the 6th day of December,2005. John Mondy,Mayor ATTEST: (Formatted:Font:Bold Deleted ¶ Carole Ehrlich,City Secretary I Formatted:Font:Bold Formatted:Font:9 pt Resolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005, �__ rage 1 of 6 , Deleted:<sp> ril<1ENDMENTS TO BYLAWS OF Deleted:AMENDMENT WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The following Sections of the Bylaws of Wylie Park and Recreation Facilities Development Corporation adopted by Resolution 95-01 are amended as set forth below: Article II —Board of Directors, Section 1 — Powers, Numbers and Term of Office, I ,Subsections(b)and (c),Etre amended to read as follows: Deleted:subsection I Deleted:is (b) The Board shall consist of seven (7) directors, each of whom shall be e : appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Councilmember Directors and Places 5-7 are designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. These appointments will be classified as citizen member directors. (c) Each member of the Board shall be appointed by the City Council for a two (2) year term. Any vacancy occurring before a term is completed shall be filled by appointment by the City Council as set forth in the Articles of Incorporation.All directors shall have the qualifications set forth herein and in the Articles of Incorporation. Article II—Board of Directors,Section 3—Notice of Meetings is amended to read as follows: Section 3. Notice of Meetings. To the extent that the Open Meetings Act conflicts with the provisions of this section,the Open Meetings Act shall govern. (a) Regular meetings and Special meetings of the Board shall be held, Deleted: with j following written notice to the Directors by the< its_ Secretary, at such times and places as shall be designated from time to time by the Board, Written notice to each Director Deleted: to the h may be provided by first class mail, electronic mail or hand delver' and shall he considcred_provided on the day it is sent and the written notice shall be sent on or before the date the notice of the meetiiig is posted at City }tall in accordance with the Open !Meetings Act. Special Meetings of the Board shall be held whenever called by the Chair of the Board,by a majority of the directors,by the Mayor of the City,or by a majority of Deleted:section the City Council. Nothing contained in this Section 3 shall vitiate the notice l :secretary requirements contained in,Section 4 hereafter. ; Deleted:Emergency Meeting Deleted:the Open Meeting Act (b) The ( itySecretary shall give notice to each director of each Special ==_ Deleted:§ Meeting in person, by mail, by electronic mail, or telephone, at least seventy two (72) Deleted osstnt. hours before the meeting, unless deemed an,megene} meeting.by,Section,551$)45 of L Formatted: �� Font:Bold the O enMeetiri Act. Such notice shall be considered provided on the day it is sent or on the day it is verbally conveyed or on the day a voice inessaoe is left with the notice De 1 information_ Unless otherwise indicated in the notice thereof, any and all matters (Formatted:Font:Bold Formatted:Font:9 pt Resolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005, ___ `�_ _gage 2 of 6 I Deleted:<sp> pertaining to the purposes of the Corporation may be considered as acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation or said notice shall be deemed sufficient if sent by electronic mail to the person entitled thereto at his or her electronic mail address as it I appears on the books of the Corporation Attendance of a director at a meeting shall j Deleted:,and such notice shall be constitute a waiver of notice of such meeting, except where a director attends a meeting deemed to y of u h ma°D the second business day after such mailing or on the for the express purpose of objecting to the transaction of any business on the grounds that ; day of an electronic mailing. the meeting is not lawfully called or convened. Article II—Board of Directors,Section 4—Open Meetings Act is amended to read as follows: 4. contrary, , all m� ng andpen ideliberations oof the Board shall ing bealledtained rtln_to th (Deleted:nu convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Texas Government Code (Vemon's) Chapter 551, as amended (herein referred to as the"Open Meetings Act"). Article II—Board of Directors,Section 9—Powers and Duties of the Chairman and Vice Chairman of the Board is added to read as follows: Section 9. Powers and Duties of the Chairman and Vice Chairman of the Board. The Chairman of the Board (the "Chair") shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board as set forth herein, to call a special meeting of the Board when in his or her judgment such a meeting is required. (d) Shall have the authority to appoint, with Board approval, standing committees to aid and assist in its business undertakings or other matters incidental to the operations and functions of the Board. Formatted:Font:Bold J i Deleted 1 I Formatted:Font:Bold I Formatted:Font:9 pt Resolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005, sage 3 of 6 , 4 7 9._l Deleted:<sp> (e) Shall have the authority to appoint, with Board approval, ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the Chair shall perform all duties incidental to the office,and such other duties as shall be prescribed from time to time by the Board. The Vice Chair shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the Chair of the Board during that officer's absence or inability to act. Any action taken by the Vice Chair in the performance of the duties of the Chair of the Board shall be conclusive evidence of the Chair's absence or inability to act as Chair at the time such action was taken. Article III — Officers, Section 1 — Titles and Terms of Office and Section 3 — Vice President is amended to read as follows: Section 1. Titles and Terms of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of office shall be two(2) years,with the right of an officer to be reappointed. (b) All officers shall be elected by and be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the entire Board. (d) All officers shall be subject to removal from office at any time by a vote of the majority of the City Council. Section 3. Vice President. The,V ice Pr e ident shall have such powers and duties as Deleted vice president may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the Vice President in (Deleted vice president performance of the duties of the,resident shall be conclusive evidence of the absence or Deleted:president inability to act of the president at the time such action was taken. The Assistant City Manager shall be the Vice President. Deleted:vice president Article IV— Functional Corporate Duties and Requirements, Section 1 — Facilities Capital Improvement Plan and Section 2 — Multi-Year Financial Plan are hereby amended to read as follows: i" Formatted:Font Bold Deleted:9 Section 1. Facilities Capital Improvement Plan. l Formatted Font:Bold Formatted:Font 9 pt Resolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005, page 4 of 6 4 7869,,1, Deleted:<sp> (a) It shall be the duty and obligation of the Board to finance and implement Deleted:¶ the Facilities Capital Improvement Plan as adopted by the Wylie City Council. (b) In carrying out its obligations under,Section (a), the Corporation shall be I Deleted:section authorized to exercise all rights and powers granted under the Act, including, but not limited to Section 4B thereof. (c) The 'tesident shall periodically submit reports to the City Council as to Deleted:president the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized,executed,approved,and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the "Plan'). Prior to the beginning of the FI iscal Year,the J'resident will submit a Multi-Year Financial Plan to the City Council for , Deleted:president approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the fmancial guide for the corporation. The Board will approve the plan prior to or contemporaneously with the adoption of the Corporation's fiscal budget. Article V — Miscellaneous Provisions, Section 4 — Resignations and Section 7 — Indemnification of Directors, Officers and Employees are hereby amended to read as follows: Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be tendered in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective,unless expressly so provided in the resignation.,Any director no longer serving in the capacity for which he was appointed (Formatted:Font color:Auto will be deemed resigned and a qualified yeplacement will be appointed by the City Formatted:Font color:Auto Council. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas I Civil Practices and Remedies Code,as it exists or may he amended),a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Formatted Font:Bold attorney for the Corporation is authorized to provide a defense for members of the Board, ,Deleted 1 officers,and employees of the Corporation. {Formatted:Font Bold j Formatted:Font:9 pt ftesolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005 page 5 of 6 4_72ibtl.‘'. Deleted:<sp> I Adopted this day of ,2005. Deleted:¶ 11 [execution page followsill I Deleted:2004 Chairman of the Board Print Name:John Mondy Attest: Secretary of the Corporation Print Name:Carole Ehrlich APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE BY RESOLUTION NUMBER 2005-ON THE 67th DAY OF DECEMBER,2005. Mayor of the City of Wylie,Texas Print Name:John Mondy Attest: City Secretary Print Name:Carole Ehrlich { Formatted:Font:Bold ' Deleted:9 Formatted:Font:Bold j Formatted:Font:9 pt Resolution#2005- Attachment Amendment to Wylie 4B Bylaws 2005, gage 6 of 6 43?2 fi9.v 1l, Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: August 29, 2006 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of the FY 2006-2007 4B Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve the FY 2006-2007 4B Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Discussion As set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of Sales Tax Funds for projects approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Further, the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council. Approved By Initial Date Department Director LW 08/29/06 City Manager Page 1 of 1 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE PROPOSED 2004-2005 2005-2006 2005-2006 2006-2007 BEGINNING BALANCE $ 642,922 $ 835,430 $ 735,048 $ 369,050 REVENUES: Sales Taxes 885,607 919,320 919,320 1,136,130 Interest Revenues 16,953 10,000 10,200 10,000 Other Financing Sources 5,655,881 - 7,900 - TOTAL REVENUES 6,558,441 929,320 937,420 1,146,130 TOTAL AVAILABLE RESOURCES 7,201,363 1,764,750 1,672,468 1,515,180 EXPENDITURES: Community Services: 6,189,711 Parks - 587,490 587,490 433,140 Recreation - 109,650 109,650 187,230 Library - - - - Transfers to Other Funds 276,604 606,280 606,280 557,970 TOTAL EXPENDITURES 6,466,315 1,303,420 1,303,420 1,178,340 ENDING FUND BALANCE $ 735,048 $ 461,330 $ 369,048 $ 336,840 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 1 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND REVENUES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) TAXES 4000-40210 SALES TAX 503,019 707,127 885,608 919,320 827,606 1,136,130 23.58 TOTAL TAXES 503,019 707,127 885,608 919,320 827,606 1,136,130 23.58 INTEREST INCOME 4000-46110 ALLOCATED INTEREST EARNINGS 0 0 0 0 7,903 0 0.00 4000-46140 TEXPOOL INTEREST 5,090 3,992 14,369 10,000 8,855 0 ( 100.00) 4000-46143 LOGIC INTEREST 952 846 2,096 0 1,338 0 0.00 TOTAL INTEREST INCOME 6,042 4,837 16,464 10,000 18,095 0 ( 100.00) MISCELLANEOUS INCOME 4000-48310 RECOVERY - PRIOR YEAR EXPEND 0 0 0 0 7,900 0 0.00 4000-48410 MISC INCOME 46 16 488 0 0 10,000 0.00 TOTAL MISCELLANEOUS INCOME 46 16 488 0 7,900 10,000 0.00 OTHER FINANCING SOURCES 4000-49320 G 0 BOND PROCEEDS 0 0 5,602,500 0 0 0 0.00 4000-49401 BOND PREMIUM 0 0 53,382 0 0 0 0.00 TOTAL OTHER FINANCING SOURCES 0 0 5,655,882 0 0 0 0.00 TOTAL REVNEUES 509,107 711,980 6,558,442 929,320 853,601 1,146,130 23.33 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 3 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND 4B PARKS DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5614-51110 SALARIES 134,347 148,542 157,977 - 168,010 150,631 178,070 5.99 5614-51130 OVERTIME 5,321 5,775 9,700 11,500 5,213 11,500 0.00 5614-51140 LONGEVITY PAY 356 432 616 840 828 1,030 22.62 5614-51145 SICK LEAVE BUYBACK 525 506 606 560 562 2,120 278.57 5614-51160 CERTIFICATION INCENTIVE 734 990 1,121 1,560 1,358 2,210 41.67 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0.00 5614-51210 CAR ALLOWANCE 1,094 0 0 0 0 0 0.00 5614-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0.00 5614-51310 TMRS 12,584 14,797 17,018 16,060 12,272 17,330 7.91 5614-51410 HOSPITAL & LIFE INSURANCE 23,984 28,973 28,971 38,470 32,736 36,800 ( 4.34) 5614-51420 LONG-TERM DISABILITY 454 423 235 920 446 1,000 8.70 5614-51440 FICA 8,372 9,099 10,031 11,390 9,302 12,070 5.97 5614-51450 MEDICARE 1,957 2,122 2,349 2,660 2,175 2,820 6.02 5614-51470 WORKERS COMP PREMIUM 6,437 5,958 6,530 6,140 5,375 6,530 6.35 5614-51480 UNEMPLOYMENT COMP (TWC) 357 844 108 1,080 1,080 1,080 0.00 TOTAL PERSONNEL SERVICES 196,522 218,461 235,262 259,190 221,976 272,560 5.16 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 10,511 16,732 0 0 0 0 0.00 TOTAL CONTRACTUAL SERVICES 10,511 16,732 0 0 0 0 0.00 DEBT SERVICE & CAP. REPL 5614-57310 DEBT SERVICE-FIS('AT AGENT FEE 0 0 270 0 0 0 0.00 5614-57420 BOND ISSUE COSTS 0 0 75,612 0 0 0 0.00 5614-57810 CAPITAL REPLACEMENT FEES 0 0 0 0 0 0 0.00 TOTAL DEBT SERVICE & CAP. REPL 0 0 75,882 0 0 0 0.00 CAPITAL OUTLAY 5614-58110 LAND 0 0 5,460,773 0 0 0 0.00 5614-58150 LAND BETTERMENTS 29,700 11,945 417,008 257,650 156,212 122,750 ( 52.36) 5614-58510 MOTOR VEHICLES 0 30,663 0 0 0 0 0.00 5614-58530 HEAVY EQUIPMENT 0 0 0 41,000 30,200 22,500 ( 45.12) 5614-58830 FURNITURE & FIXTURES 0 0 0 3,000 2,905 0 ( 100.00) 5614-58840 OUTDOOR FURNITURE & EQUIPMENT 0 0 0 26,650 24,470 15,330 ( 42.48) 5614-58850 MAJOR TOOLS & EQUIPMENT 0 50,891 0 0 0 0 0.00 5614-58910 BUILDINGS 5,598 0 0 0 0 0 0.00 TOTAL CAPITAL OUTLAY 35,298 93,499 5,877,781 328,300 213,787 160,580 ( 51.09) 5614-58510 MOTOR VEHICLES CURRENT YEAR NOTES: TWO TRUCKS ARE ON THE CIP LIST AND ARE NEEDED FOR EXISTING PERSONNEL SO THAT PERSONNEL CAN DISPERSE AT THE SAME TO MORE LOCATIONS TO PERFORM WORK THEREBY INCREASING PRODUCTIVITY. 5614-58530 HEAVY EQUIPMENT CURRENT YEAR NOTES: MOWERS AND ATHLETIC FIELD VEHICLE ARE ON THE CIP LIST AND ARE NEEDED TO ADEQUATELY MAINTAIN PRESENT AND FUTURE PARK GROUNDS. TOTAL 4B PARKS 242,330 328,692 6,188,924 587,490 435,763 433,140 ( 26.27) 9-05-06 11:13 AM G/L BUDGET REPORT FUND 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 3 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 614 4B PARKS 112-5614-51110 SALARIES 178,070.00 112-5614-51130 OVERTIME 11,500.00 OVERTIME 1 11,500.00 11,500.00 112-5614-51140 LONGEVITY PAY 1,030.00 112-5614-51145 SICK LEAVE BUYBACK 2,120.00 112-5614-51160 CERTIFICATION INCENTIVE 2,210.00 CHEMICAL APPLICATOR LICENSE 3 390.00 1,170.00 IRRIGATION LICENSE 1 390.00 390.00 PLAYGROUND SAFETY INSPECT. 2 325.00 650.00 112-5614-51310 TMRS 17,330.00 112-5614-51410 HOSPITAL & LIFE INSURANCE 36,800.00 112-5614-51420 LONG-TERM DISABILITY 1,000.00 112-5614-51440 FICA 12,070.00 112-5614-51450 MEDICARE 2,820.00 112-5614-51470 WORKERS COMP PREMIUM 6,530.00 112-5614-51480 UNEMPLOYMENT COMP (TWC) 1,080.00 112-5614-57810 CAPITAL REPLACEMENT FEES 0.00 112-5614-58150 LAND BETTERMENTS 122,750.00 J SCOTT PAV CNTY GRNT 1 35,000.00 35,000.00 JSCOTT LNDSCP CNTY GRNT 1 24,930.00 24,930.00 J SCOTT IRRG CNTY GRNT. 1 44,750.00 44,750.00 Valentine Trail, Rollover 06' 18,070.00 112-5614-58510 MOTOR VEHICLES 0.00 0.00 0.00 0.00 112-5614-58530 HEAVY EQUIPMENT 22,500.00 RIDING MOWERS-6FT. 2 11,250.00 22,500.00 112-5614-58840 OUTDOOR FURNITURE & EQUIPMENT 15,330.00 JSCOTT SITE AMMEN GRNT 1 11,330.00 11,330.00 JSCOTT MISC. SIGN GRNT. 1 4,000.00 4,000.00 PAGE TOTAL: 433,140.00 DEPT TOTAL: 433,140.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 4 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-48 SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5615-51110 SALARIES 32,040 30,260 399 42,820 40,309 46,930 9.60 5615-51112 SALARIES-PARTTIME 26,593 29,634 294 38,100 30,579 38,830 1.92 5615-51130 OVERTIME 0 0 0 0 0 0 0.00 5615-51140 LONGEVITY PAY 84 132 0 70 72 120 71.43 5615-51145 SICK LEAVE BUYBACK 301 389 0 480 417 510 6.25 5615-51160 CERTIFICATION INCENTIVE 0 0 0 0 0 0 0.00 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0.00 5615-51210 CAR ALLOWANCE 0 0 0 0 0 0 0.00 5615-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0.00 5615-51310 TMRS 2,878 2,910 40 3,790 3,155 4,230 11.61 5615-51410 HOSPITAL & LIFE INSURANCE 4,517 4,353 0 10,810 5,788 6,580 ( 39.13) 5615-51420 LONG-TERM DISABILITY 113 65 0 440 135 490 11.36 5615-51440 FICA 3,607 3,681 43 5,050 4,398 5,360 6.14 5615-51450 MEDICARE 850 856 10 1,180 1,028 1,260 6.78 5615-51470 WORKERS COMP PREMIUM 2,606 2,407 0 2,900 2,544 3,080 6.21 5615-51480 UNEMPLOYMENT COMP (TWC) 304 661 0 980 777 970 ( 1.02) TOTAL PERSONNEL SERVICES 73,893 75,347 787 106,620 89,203 108,360 1.63 SUPPLIES 5615-52010 OFFICE SUPPLIES 482 1,002 0 0 0 0 0.00 5615-52070 COMPUTER SOFTWARE 0 50 0 0 0 0 0.00 5615-52130 TOOLS/EQUIP-UNDER $100 0 755 0 0 0 0 0.00 5615-52160 TOOLS/EQUIP-$100-$999.99 763 801 0 0 0 0 0.00 5615-52310 FUEL & LUBRICANTS 0 0 0 200 200 1,500 650.00 5615-52610 RECREATION SUPPLIES 972 814 0 0 0 0 0.00 5615-52710 WEARING APPAREL & UNIFORMS 513 560 0 0 0 0 0.00 5615-52810 FOOD SUPPLIES 1,319 2,191 0 0 0 0 0.00 5615-52990 OTHER 193 0 0 0 0 0 0.00 TOTAL SUPPLIES 4,243 6,173 0 200 200 1,500 650.00 MATERIALS FOR MAINTENANC 5615-54510 MOTOR VEHICLES 0 0 0 250 143 500 100.00 5615-54630 TOOLS & EQUIPMENT 0 933 0 0 0 0 0.00 5615-54650 COMMUNICATIONS 0 0 0 0 0 0 0.00 5615-54810 COMPUTER HARD/SOFTWARE 0 248 0 0 0 0 0.00 5615-54910 BUILDINGS 4,563 1,171 0 0 0 0 0.00 TOTAL MATERIALS FOR MAINTENANC 4,563 2,352 0 250 143 500 100.00 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 42,323 42,145 0 0 74 0 0.00 5615-56080 ADVERTISING 0 2,767 0 0 0 0 0.00 5615-56110 COMMUNICATIONS 0 1,329 0 0 0 0 0.00 5615-56180 RENTAL 0 581 0 0 0 0 0.00 5615-56210 TRAVEL & TRAINING 0 564 0 0 0 0 0.00 5615-56250 DUES & SUBSCRIPTIONS 0 75 0 0 0 0 0.00 TOTAL CONTRACTUAL SERVICES 42,323 47,460 0 0 74 0 0.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 5 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) DEBT SERVICE & CAP. REPL 5615-57810 CAPITAL REPLACEMENT FEES 0 0 0 2,580 2,365 11,870 360.08 TOTAL DEBT SERVICE & CAP. REPL 0 0 0 2,580 2,365 11,870 360.08 CAPITAL OUTLAY 5615-58150 MOTOR VEHICLES 0 0 0 0 0 65,000 0.00 5615-58810 COMPUTER HARD/SOFTWARE 1,995 0 0 0 0 0 0.00 5615-58830 FURNITURE & FIXTURES 5,984 0 0 0 0 0 0.00 5615-58850 MAJOR TOOLS & EQUIPMENT 1,096 0 0 0 0 0 0.00 TOTAL CAPITAL OUTLAY 9,075 0 0 0 0 65,000 0.00 TOTAL 4B RECREATION 134,098 131,333 787 109,650 91,985 187,230 70.75 9-05-06 11:13 AM G/L BUDGET REPORT FUND 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 4 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 615 4B RECREATION • 112-5615-51110 SALARIES 46,930.00 112-5615-51112 SALARIES-PARTTIME 38,830.00 112-5615-51140 LONGEVITY PAY 120.00 112-5615-51145 SICK LEAVE BUYBACK 510.00 112-5615-51310 TMRS 4,230.00 112-5615-51410 HOSPITAL & LIFE INSURANCE 6,580.00 112-5615-51420 LONG-TERM DISABILITY 490.00 112-5615-51440 FICA 5,360.00 112-5615-51450 MEDICARE 1,260.00 112-5615-51470 WORKERS COMP PREMIUM 3,080.00 112-5615-51480 UNEMPLOYMENT COMP (TWC) 970.00 112-5615-52310 FUEL & LUBRICANTS 1,500.00 FUEL / OIL RECREATION VAN 1,500.00 112-5615-54510 MOTOR VEHICLES 500.00 GEN MAINT RECREATION VAN 500.00 112-5615-57810 CAPITAL REPLACEMENT FEES 11,870.00 New Vehicle fees 9,290.00 Community Center Van 2,580.00 112-5615-58150 MOTOR VEHICLES 65,000.00 ADA ACCESSIBLE BUS 65,000.00 PAGE TOTAL: 187,230.00 DEPT TOTAL: 187,230.00 TOTAL EXPENDITURES: 1,178,340.00 NET REVENUES/EXPENDITURES: 32,210.00 9-05-2006 11:14 AM CITY OF WYLIE PAGE: 2 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 112-4B SALES TAX REVENUE FUND NON-DEPARTMENTAL DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) OTHER FINANCING (USES) 5000-59132 TRANSFER TO 4B DEBT SERVICE 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) TOTAL OTHER FINANCING (USES) 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) TOTAL NON-DEPARTMENTAL 142,050 143,330 276,604 606,280 555,757 557,970 ( 7.97) Wylie City Council CITY OF WYLIE AGENDA REPORT • Meeting Date: September 12, 2006 Item Number: 2 Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: August 29, 2006 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006-2007,beginning October 1, 2006 and ending September 30, 2007. Recommendation Motion to approve ordinance adopting a budget and appropriating resources for Fiscal Year 2006-2007, beginning October 1, 2006 and ending September 30, 2007. Discussion The tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per $100 assessed valuation from $0.695 to $0.715. For all budgeted funds, the projected totals for available revenues and expenditures are $103,180,350 and $66,669,190, respectively. At its August 8 meeting, Council accepted the proposed ad valorem tax rate of $0.715 per$100 valuation for FY 2006-2007. The Fund summary was published in the Wylie News on August 23, 2006. Council held a public hearing relating to the budget on August 29, 2006. Approved By Initial Date Department Director LW 08/29/06 City Manager Page 1 of 1 ORDINANCE NO. 2006-56 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2006-2007, BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2006-2007; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS,the City Council on August 29, 2006, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2006-2007. Section 2. That the sum of thirty five million, seven hundred and sixty seven thousand, nine hundred and thirty dollars ($66,669,190) is hereby appropriated out to the General Fund, Wylie Economic Development Corporation Fund, 4B Sales Tax Revenue Fund, Emergency Communications Fund, Fire Training Center Fund, Park Acquisition & Improvement Fund, General Obligation Debt Service Fund, 4B Debt Service Fund, Capital Project Funds, Utility Fund, and Fleet Replacement Fund for payment of operating expenses and capital outlay of the operation and administration of the City according to the various purposes and intents therein described. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2006-56 Approval of Budget 2006-2007 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 12th day of September, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News-September 20,2006 Ordinance No.2006-56 Approval of Budget 2006-2007 2 SUMMARY OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2006-2007 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUNDS SPECIAL CAPITAL REVENUE G O DEBT 4B DEBT PROJECTS TOTAL ALL GENERAL FUND FUNDS SERVICE SERVICE FUNDS UTILITY FUND FLEET REPLACE. FUNDS BEGINNING BALANCES $ 5,116,330 $ 2,294,640 $ 574,340 $ 324,620 $ 49,951,140 $ 4,459,810 $ 1,433,130 $ 64,154,010 REVENUES: - - - 13,242,440 Ad Valorem Taxes 10,560,670 - 2,681,770 - - Non-Property Taxes 2,282,260 2,272,260 - - - 4,554,520 _Franchise Fees 1,671,130 - - -- - - 1,- - 1,55171,,130 20 - Licenses&Permits 1,153,000 - _ 390,480 Intergovernmental 300,480 90,000 - - Service Fees 1,838,400 544,720 - - 2,100,000 8,463,000 450,720 13,396,840 - - 541,000 Court Fees 541,000 Interest&Misc. Income 155,000 100,740 1,475,000 3,000 247,500 186,860 20,000 2,188,100 TOTAL REVENUES 18,501,940 3,007,720 4,156,770 3,000 2,347,500 8,649,860 470,720 37,137,510 - Transfers from Other Funds 827,860 503,000 557,970 1,888,830 TOTAL AVAILABLE RESOURCES 24,446,130 5,805,360 4,731,110 885,590 52,298,640 13,109,670 1,903,850 103,180,350 EXPENDITURES: - - - 4,838,690 General Government 4,838,690 - 154,500 9,893,560 Public Safety 8,660,420 1,078,640 - _ 15,000 1,269,880 Development Services 1,254,880 - 1,954,540 - Streets 1,954,540 - - - -- 18,000 3,088,220 Utilities y Services 2,262,450 807,770 - - 7,387,480 18,000 7,401,4808 - Utilities 2,029,530 - 6,906,560 Debt Service 4,319,060 557,970 - -27,649,73027,649,730 Capital Projects - _ 1,777,700 Economic Development 1,777,700 TOTAL EXPENDITURES 18,970,980 3,664,110 4,319,060 557,970 27,649,730 9,417,010 201,500 64,780,360 Transfers to Other Funds 503,000 557,970 450,000 377,860 1,888,830 ENDING FUND BALANCE $ 4,972,150 $ 1,583,280 $ 412,050 $ 327,620 $ 24,648,910 $ 3,242,660 $ 1,324,490 $ 36,511,160 TOTAL REVENUES $ 39,026,340 NET DECREASE(INCREASE)IN FUN 27,642,850 TOTAL APPROPRIABLE FUNDS $ 66,669,190 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 3 Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: August 29, 2006 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2006-57 fixing the tax rate/ levy for 2006 and for the fiscal year 2006- 2007 Budget. The tax rate proposed is seventy one and one-half cents ($0.715)per$100 of assessed value. Recommendation Motion to approve Ordinance No. 2006-57 fixing the tax rate/ levy for 2006 and for the fiscal year 2006-2007 Budget. The tax rate proposed is seventy one and one-half cents ($0.715)per$100 of assessed value. Discussion The tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per$100 assessed valuation from $0.695 to $0.715. The tax rate for maintenance and operations is $0.570203 per$100 of assessed valuation and the debt service rate is $0.144797. This tax ordinance will generate new levies of$10,560,674 in the General Fund and $2,681,771 in the General Obligation Debt Service Fund. Article 7, Section 3 (D). The City's Home Rule Charter states that if the City fails to adopt the budget by the twenty-seventh day of September, the tax rate adopted will be the same as the current fiscal year. The adopted Fiscal Year 2006-2007 budget requires the support of this ordinance. Approved By Initial Date Department Director LW 08/29/06 City Manager Page 1 of 1 ORDINANCE NO. 2006-57 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 2007, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.22 WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2006-2007; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2006-2007; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2006-2007 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2006, except so much thereof as may be exempt by the Constitution or laws of the Ordinance 2006-57 Approval of Tax Rate 2006-2007 1 State of Texas, a total tax of $0.715 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax of and at the rate of$0.570203 on each $100 of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2007, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of$0.144797 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payments, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of said City of Wylie, Texas, for the fiscal year ending September 30, 2007. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto,be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. 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. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. 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 affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2006-57 Approval of Tax Rate 2006-2007 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this thel2th day of September, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—September 20,2006 Ordinance 2006-57 Approval of Tax Rate 2006-2007 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: August 29, 2006 Budgeted Amount: Exhibits: Revenue and Budget Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Report as of June 30 and July 31, 2006. • Recommendation Consider, and place on file, the Monthly Revenue and Expenditure Report as of June 30 and July 31, 2006 Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 08/29/06 City Manager 111 1Y) 'f 41U6 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JUNE 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 10,800,660 10,177,924.48 10,130,342.65 -47,582 FRANCHISE FEES 1,479,850 1,427,550.00 1,675,609.44 248,059 A LICENSES AND PERMITS 1,114,000 722,340.40 1,054,083.55 331,743 B INTERGOVERNMENTAL REV. 477,720 349,798.00 258,449.76 -91,348 SERVICE FEES 1,594,700 1,072,362.62 1,171,417.47 99,055 FINES AND FORFEITURES 371,000 277,730.60 457,284.96 179,554 C INTEREST INCOME 100,000 74,860.00 230,099.07 155,239 D MISCELLANEOUS INCOME 62,040 46,443.14 46,397.96 -45 OTHER FINANCING SOURCES 440,450 330,337.49 317,874.12 -12,463 TOTAL REVENUES 16,440,420 14,479,347 15,341,559 862,212 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 99,430 75,392.53 50,986.29 -24,406 CITY MANAGER 423,410 339,276.95 218,355.31 -120,922 CITY SECRETARY 202,380 156,327.51 151,081.32 -5,246 CITY ATTORNEY 117,000 87,750.00 82,451.70 -5,298 FINANCE 527,500 395,387.47 383,844.63 -11,543 FLEET&FACILITIES SVC 158,250 127,250.01 125,749.54 -1,500 SUPPORT SERVICES ADMIN. 144,750 108,584.97 106,678.75 -1,906 MUNICIPAL COURT 236,890 177,510.01 158,353.76 -19,156 HUMAN RESOURCES 157,770 118,167.48 118,651.11 484 PURCHASING 96,960 72,742.50 68,907.06 -3,835 INFORMATION TECHNOLOGY 117,980 90,082.52 87,586.41 -2,496 COMBINED SERVICES 2,125,870 1,597,202.56 1,566,738.06 -30,465 POLICE 3,726,180 2,801,642.46 2,638,993.58 -162,649 FIRE 3,788,230 2,945,462.50 2,625,815.96 -319,647 ANIMAL CONTROL 648,770 487,949.93 221,092.09 -266,858 E PLANNING 258,010 194,325.01 141,072.65 -53,252 BUILDING INSPECTION 689,090 516,360.02 440,388.00 -75,972 CODE ENFORCEMENT 144,230 121,215.05 46,341.34 -74,874 STREETS 1,576,148 1,200,712.85 858,781.51 -341,931 F PARKS 1,205,230 918,375.01 850,834.51 -67,541 RECREATION 266,550 200,082.51 172,539.58 -27,543 LIBRARY 595,760 451,644.95 418,962.11 -32,683 TOTAL EXPENDITURES 17,306,388 13,183,445 11,534,205 -1,649,240 REVENUES OVER/(UNDER)EXPENDITURES -865,968 1,295,902 3,807,354 2,511,452 Footnotes: A.Increase in Electric Franchise Fees. B.Building permit revenues are coming in earlier than anticipated. C.Fines and Forfeitures increase evenly distributed,attributed to growth and additional patrol officers. D.Interest Income increase is a result of higher than expected interest rates. E.Renovation of animal control facility not completed F.Streets and alley projects not yet completed CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JUNE 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 7,992,400 5,998,050.01 6,423,265.91 425,216 INTEREST INCOME 60,000 45,000.00 140,780.62 95,781 ASSESSMENTS 0 0 0 0 MISCELLANEOUS INCOME 40,000 30,000.00 55,113.76 25,114 OTHER FINANCING SOURCES 1,206,000 1,206,000.00 1,206,000.00 0 TOTAL REVENUES 9,298,400 7,279,050 7,825,160 546,110 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 340,580 263,644.90 242,263.14 -21,382 UTILITIES-WATER 1,049,880 793,692.54 727,715.50 -65,977 CITY ENGINEER 419,670 318,409.95 289,762.21 -28,648 UTILITIES-SEWER 492,010 368,755.06 326,202.35 -42,553 UTILITY BILLING 2,441,460 2,161,567.59 2,233,445.70 71,878 COMBINED SERVICES 6,058,040 4,543,529.99 4,068,276.58 -475,253 TOTAL EXPENDITURES 10,801,640 8,449,600 7,887,665 -561,935 REVENUES OVER/(UNDER)EXPENDITURES -1,503,240 -1,170,550 -62,505 1,108,045 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JULY 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 10,800,660 10,395,066.40 10,358,543.54 -36,523 FRANCHISE FEES 1,479,850 1,439,306.00 1,689,490.61 250,185 LICENSES AND PERMITS 1,114,000 906,636.60 1,149,121.55 242,485 A INTERGOVERNMENTAL REV. 477,720 388,746.50 267,896.86 -120,850 B SERVICE FEES 1,594,700 1,209,991.00 1,360,924.29 150,933 FINES AND FORFEITURES 371,000 246,826.30 516,746.05 269,920 C INTEREST INCOME 100,000 66,530.00 230,110.19 163,580 MISCELLANEOUS INCOME 62,040 41,275.21 52,904.56 11,629 OTHER FINANCING SOURCES 440,450 293,648.00 354,054.36 60,406 TOTAL REVENUES 16,440,420 14,988,026 15,979,792 991,766 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 99,430 83,405.02 66,393.62 -17,011 CITY MANAGER 423,410 367,321.30 246,872.42 -120,449 CITY SECRETARY 202,380 171,678.34 166,532.31 -5,146 CITY ATTORNEY 117,000 97,500.00 82,451.70 -15,048 FINANCE 527,500 439,424.98 439,754.31 329 FLEET&FACILITIES SVC 158,250 137,583.34 135,657.80 -1,926 SUPPORT SERVICES ADMIN. 144,750 120,639.98 121,739.39 1,099 MUNICIPAL COURT 236,890 197,303.34 180,110.87 -17,192 HUMAN RESOURCES 157,770 131,368.32 135,085.83 3,718 PURCHASING 96,960 80,815.00 79,184.49 -1,631 INFORMATION TECHNOLOGY 117,980 99,381.68 99,858.95 477 COMBINED SERVICES 2,125,870 1,773,425.04 1,718,472.02 -54,953 POLICE 3,726,180 3,109,821.64 2,976,247.53 -133,574 FIRE 3,788,230 3,226,385.00 2,984,193.70 -242,191 ANIMAL CONTROL 648,770 541,556.62 252,853.14 -288,703 D PLANNING 258,010 215,553.34 161,016.43 -54,537 BUILDING INSPECTION 689,090 573,936.68 503,917.88 -70,019 CODE ENFORCEMENT 144,230 128,886.70 56,672.55 -72,214 E STREETS 1,576,148 1,325,857.84 938,029.39 -387,828 PARKS 1,205,230 1,013,993.34 942,851.05 -71,142 RECREATION 266,550 222,238.34 233,507.28 11,269 LIBRARY 595,760 499,683.30 467,408.71 -32,275 TOTAL EXPENDITURES 17,306,388 14,557,759 12,988,811 -1,568?948 REVENUES OVER/(UNDER)EXPENDITURES -865,968 430,267 2,990,981 2,560,714 Footnotes: A.Building permit revenues are coming in earlier,still think we will only be at budget,year end. B.Receipt of grants revenues lower than expected. C.Fines and Forfeitures increase evenly distributed,attributed to growth and additional patrol officers. D.Renovation of animal control facility not completed E.Code Enforcement budget increased to accomodate new officer. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JULY 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 7,992,400 6,662,833.34 7,321,281.80 658,448 INTEREST INCOME 60,000 50,000.00 140,780.62 90,781 ASSESSMENTS 0 0 0 0 MISCELLANEOUS INCOME 40,000 33,333.34 57,008.76 23,675 OTHER FINANCING SOURCES 1,206,000 1,206,000.00 1,206,598.00 598 TOTAL REVENUES 9,298,400 7,952,167 8,725,669 773,503 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 340,580 289,289.96 275,438.55 -13,851 UTILITIES-WATER 1,049,880 879,088.36 833,811.99 -45,276 CITY ENGINEER 419,670 352,163.30 330,190.49 -21,973 UTILITIES-SEWER 492,010 409,840.04 367,404.80 -42,435 UTILITY BILLING 2,441,460 2,254,865.06 2,362,611.57 107,747 COMBINED SERVICES 6,058,040 5,048,366.66 4,523,427.61 -524,939 TOTAL EXPENDITURES 10,801,640 9,233,613 8,692,885 -540,728 REVENUES OVER/(UNDER)EXPENDITURES -1,503,240 -1,281,447 32,784 1,314,231 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 5 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 29, 2006 Budgeted Amount: Exhibits: Ordinance, Exhibit A Subject Consider, and act upon, Ordinance No. 2006-58 establishing a convenience fee of$3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. Recommendation Motion to approve Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. Discussion The Finance Department has had many requests from various departments asking for the ability to accept credit/debit card payments for city services. Utility billing, Municipal Courts, Park and Recreation, Building Permits and the Animal Shelter have made the request and have enough volume to support initially the need for this method of payment. The use of credit cards by city residents does not save the city any money with respect to either payment acceleration or a reduction in labor or material cost to any degree. It will however reduce the number of bad checks received by the city. A $3.00 convenience fee is being recommended so that the city can recoup the cost of providing this service. In so doing, customers that do not use credit/debit cards to purchase city services will not bear the cost for those that do. Approved By Initial Date Department Director LW 08/29/06 City Manager CY\ Page 1 of 1 ORDINANCE NO. 2006-58 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CONVENIENCE FEE OF $3.00 PER TRANSACTION TO BE COLLECTED AT THE POINT OF SALE FOR THOSE PERSONS WISHING TO USE A CREDIT/DEBIT CARD TO PURCHASE CITY SERVICES: CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has had many requests from residents asking for the ability to pay for city services with credit/debit cards, WHEREAS, the City believes that offering this service is good for persons wishing to pay for city services with a credit/debit card. WHEREAS,the City believes that a convenience fee should be charged to offset the cost of providing this service to city residents wishing to pay by credit/debit cards, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1: That a convenience fee of$3.00 per transaction be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 12th day of September, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 20, 2006 Ordinance No.2006-58 Establishing a Convenience Fee City Of Wylie Cost and Revenue Analysis of Credit Cards Use Fees& %of Municipal Parks& Building Utility Animal j Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost STATISTICS Number of Transactions (yearly) 770 850 4,800 6,000 480 12,900 Visa/Mastercard Sales Volume $120,000.00 $100,000.00 $500,000.00 $588,000.00 $12,000.00 $1,320,000.00 Number of Terminals 2 1 1 2 1 7 Average Transaction Amount $155.84 $117.65 $104.17 $98.00 $25.00 $95.13 SERVICING FEES Settlement Fees(Charged on Volume 0.28% $336.00 $280.00 $1,400.00 $1,646.40 $33.60 $3,696.00 Voice Authorization Fees $0.65 0.50% $2.50 $2.76 $15.60 $19.50 $1.56 $41.93 Monthly Service Charge (Per Location) $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $300.00 Statement Fees( Per Location) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Application Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pin Debit Transaction Fees $0.20 9.00% $13.86 $15.30 $86.40 $108.00 $8.64 $232.20 Web Processing Monthly Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $412.36 $358.06 $1,562.00 $1,833.90 $103.80 $4,270.13 DISCOUNT FEES Master Card Sales Volume 40.00% 48,000.00 40,000.00 200,000.00 235,200.00 4,800.00 528,000 Master Card Transaction Volume 40.00% 308 340 1,920 2,400 192 5,160 Visa Card Sales Volume 60.00% $72,000.00 $60,000.00 $300,000.00 $352,800.00 $7,200.00 792,000 Visa Card Transaction Voulme 60.00% 462 510 2,880 3,600 288 7,740 VISA Debit Tranactions 60.00% Visa Debit(Interchange Rate) 0.8000% $345.60 $288.00 $1,440.00 $34.56 $2,108.16 Visa Debit(Interchange Fee) $0.25 $69.30 $76.50 $432.00 $43.20 $621.00 Visa Debit(Assessment Fee) 0.0925% $39.96 $33.30 $166.50 $4.00 $243.76 Visa Utility(Interchange Fee) $0.25 $0.00 $0.00 $0.00 $900.00 $0.00 $900.00 Visa Utility(Assessment Fee) 0.0925% $0.00 $0.00 $0.00 $326.34 $0.00 $326.34 Credit Transactions 40.00% Visa Credit(Interchange Rate) 1.43% $411.84 $343.20 $1,716.00 $41.18 $2,512.22 Visa Credit(Interchange Fee) $0.05 $9.24 $10.20 $57.60 $5.76 $82.80 Visa Credit(Assessment Fee) 0.0925% $26.64 $22.20 $111.00 $2.66 $162.50 City Of Wylie Cost and Revenue Analysis of Credit Cards Use Fees& %of Municipal Parks& Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost MASTER CARD 60.00% Debit Transaction Mastercard(Interchange Rate) 0.8000% $230.40 $192.00 $960.00 $1,128.96 $23.04 $2,534.40 Mastercard(Interchange Fee) $0.25 $46.20 $51.00 $288.00 $360.00 $28.80 $774.00 Mastercard(Assessment Fee) 0.0950% $27.36 $22.80 $114.00 $134.06 $2.74 $300.96 Credit Transactions 40.00% Mastercard (Interchange Rate) 1.55% $297.60 $248.00 $1,240.00 $1,458.24 $29.76 $3,273.60 Mastercard (Interchange Fee) $0.10 $12.32 $13.60 $76.80 $96.00 $7.68 $206.40 Mastercard (Assessment Fee) 0.0950% $18.24 $15.20 $76.00 $89.38 $1.82 $200.64 TOTAL DISCOUNT FEES $1,534.70 $1,316.00 $6,677.90 $4,492.98 $225.20 $10,566.14 TOTAL OPERATING COST $1,947.06 $1,674.06 $8,239.90 $6,326.88 $329.00 $14,836.27 Equipment Costs** Terminals Required 2 1 1 2 1 7 Price of Terminals $675.00 $1,350.00 $675.00 $675.00 $1,350.00 $675.00 $4,725.00 Total Capital Costs $3,297.06` $2,349.06 $8,914.90 $7,676.88 $1,004.00 $19,561.27 ,. MOUS" Revenues and Expences Total Cost Per Transaction $1.52 $19,561.27 Convenience Fees Per Transaction $3.00 $38,700.00 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: Sept. 12, 2006 Item Number: 6 Department: (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: Sept. 6, 2006 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, approval of AIA Document B141 — 1997, Part 1 and Part 2 between the City of Wylie and Wiginton-Hooker-Jeffry Architects related to design services for Fire Station#3. Recommendation Motion to approve AIA Document B141 — 1997, Part 1 and Part 2 between the City of Wylie and Wiginton- Hooker-Jeffry Architects related to design services for Fire Station#3. Discussion The City Council selected Wiginton-Hooker-Jeffrey Architects to design the new Fire Station. The negotiated contract sets out the total estimated fee of $117,850 for basic services, a maximum of $52,705 for optional services, and$20,000 for reimbursable expenses, for a total of$190,555. The 2005 Bond identified $1,500,000 for Station 3 design and construction. The proposed size of the station is 11,500 square feet, with exact size to be determined during programming. The tentative schedule is 6-9 months for Design and 10-12 months for Construction. Approved By Initial Date Department Director VO lU t City Manager MM 09/06/06 Page 1 of 1 te= ,.. ti , ! ATA Document B141 TM - 1997 Part 1 .: Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ADDITIONS AND DELETIONS: TABLE OF ARTICLES The author of this document has added information needed for its 1.1 INITIAL INFORMATION completion.The author may also have revised the text of the original 1.2 RESPONSIBILITIES OF THE PARTIES AIA standard form.An Additions and Deletions Report that notes added 1.3 TERMS AND CONDITIONS information as well as revisions to the standard form text is available 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS from the author and should be reviewed.A vertical line in the left 1.5 COMPENSATION margin of this document indicates where the author has added I AGREEMENT made as of the twelfth day of September in the year two-thousand and six necessary information and where the author has added to or deleted (In words, indicate day, month and year) from the original AIA text. BETWEEN the Architect's client identified as the Owner: This document has important legal (Name, address and other information) consequences. Consultation with an attorney is encouraged with respect City of Wylie to its completion or modification. 2000 North Highway 78 Wylie,Texas 75098 and the Architect: (Name, address and other information) Wiginton Hooker Jeffry,P.C.-Architects,Professional Corporation 500 North Central Expressway,Suite 300 Plano,TX 75074 Telephone Number: 972-665-0657 Fax Number: 972-665-0656 For the following Project: (Include detailed description of Project) Fire Station 3 to be located on a 2.555 acre site at the intersection of Brown Street and W.A.Allen Blvd. The proposed size of the station is 11,500 square feet. The exact size will be determined during programming. The Owner and Architect agree as follows: AIA Document B141N-1997 Part 1.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document Is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1 0002 1 4205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) ARTICLE 1.1 INITIAL INFORMATION §1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution"or"to be determined later by mutual agreement.") §1.1.2 PROJECT PARAMETERS §1.1.2.1 The objective or use is: (Identify or describe, if appropriate,proposed use or goals.) I Fire Station §1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location,dimensions, or other pertinent information, such as geotechnical reports about the site.) I New Fire Station,size to be determined. §1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) I Architect will develop the program with the owner. §1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) None at this time. §1.1.2.5 The financial parameters are as follows. .2 Amount of the Owner's budget for the Cost of the Work,excluding the Architect's compensation,is: one million three-hundred nine thousand four-hundred-forty-five dollars($1,309,445). §1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) I A schedule mutually agreeable by both parties. §1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) I Competitive Sealed Bids. §1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) I None AIA Document B141TM-1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) §1,13 PROJECT TEAM t §f.1.3.1 The Owner's Designated Representative is: t . h, ,A i'(List name, address and other information.) k"''k4" z Mark B.Roath e�, �p City Manager City bf Wylie „x t2000 North Highway 78 . C3 V.; <Wylie,Texas 75098 a �4 -- ',Telephone Number 972-442-8120 W Fax Number. i, niark.roath@wylietexas.gov 4k ;§1 1.3.2 The persons or entities,in addition to the Owner's Designated Representative,who are authorized to review ' 1 :,,theArchitect's submittals to the Owner are: `" µ 1,' ,(List name, address and other information.) N7 I None at this time. k ` , §1.1.3.3 The Owner's other consultants and contractors are: r4;1 (List discipline and, if known, identify them by name and address.) tip i None at this time. = , §1.1.3.4 The Architect's Designated Representative is: (List name,address, title, length of employment with Architect and any restrictions or limitations on Designated Representative's authority to bind Architect under this Agreement.) Anthony Jeffry,Vice President, 14 years as a Principal and Owner,Fully authorized to bind the Architect 500 North Central Expressway,Suite 300,Plano,TX 75074 Telephone Number:972-665-0657 Fax Number:972-665-0656 jeffryt@whjarch.com §1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) I Structural,Mechanical,Electrical and Plumbing §1.1.4 Other important initial information is: I None §1.1.5 When the services under this Agreement include contract administration services,the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement. §1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation.Both parties,however,recognize that such information may change and, in that event,the Owner and the Architect shall negotiate appropriate adjustments in schedule,compensation and Change in Services in accordance with Section 1.3.3 which adjustments shall be submitted in writing by Architect and approved by Owner prior to becoming effective. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES §1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement.Both parties shall endeavor to maintain good working relationships among all members of the Project team. AIA Document B141 TM-1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) §1.2.2 OWNER §1.2.2.1 Unless otherwise provided under this Agreement,the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project.The Owner shall furnish to the Architect,within �._.... ._ 15 days after receipt of a written request,information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. §1.2.2.2 The Owner shall periodically update the budget for the Project,including that portion allocated for the Cost of the Work.The Owner shall not significantly increase or decrease the overall budget,the portion of the budget Th allocated for the Cost of the Work,or contingencies included in the overall budget or a portion of the budget, • ti , without the agreement of the Architect to a corresponding change in the Project scope and quality. §1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project.The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. � r r §1.2.2.5 Unless otherwise provided in •this Agreement,the Owner shall furnish tests,inspections and reports required 11' by law or the Contract Documents• ,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. §1.2.2.6 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service. §1.2.3 ARCHITECT §1.2.3.1 The services performed by the Architect,Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. §1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's written approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted in writing by mutual consent of Owner and Architect,if necessary,as the Project proceeds.This schedule shall include allowances for periods of time required for the Owner's review of each phase of progress(Schematic/Preliminary,Design Development,Construction Documents),including completed contract documents,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Time limits established by this schedule approved by the Owner shall not,except for reasonable cause(which shall promptly be defined in detail,and submitted in writing to the Owner),be exceeded by the Architect or Owner. §1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. §1.2.3.4 The Architect shall maintain the confidentiality of all information obtained from Owner,unless withholding such information would violate the law,create the risk of significant harm to the public,materially interfere with the completion of Architect's services hereunder or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of such information. MA Document B141"'—1997 Part 1.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlA® Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) §1.2.3.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. §1.2.3.6 The Architect shall review laws,codes,and regulations applicable to the Architect's services.The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. Prior to distribution to prospective bidders,the Architect shall endeavor to see that the contract documents include all applicable code compliance,including but not necessarily limited to fire,building,health, TAS,Indoor Air Quality,andothers of municipal, state or federal jurisdiction. §1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors,omissions or inconsistencies in such services or information. §1.2.3.8 The Architect will follow the usual and customary standards of the profession in performing all services under this Agreement. ARTICLE 1.3 TERMS AND CONDITIONS §1.3.1 COST OF THE WORK §1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the latest estimated cost presented by architect to,and approved in writing by,the Owner of all elements of the Project designed or specified by the Architect specifically excluding those portions of the Project which are designed or specified by other consultants engaged directly by Owner. §1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed,specified,selected or specially provided for by the Architect,including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor,plus a reasonable allowance for their overhead and profit.In addition,a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. §1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner. §1.3.2 INSTRUMENTS OF SERVICE §1.3.2.1 Drawings,specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project.The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including copyrights. §1.3.2.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing,using and maintaining the Project,and for future additions and/or modifications to the Project provided that the Owner shall comply with all obligations, including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. §1.3.2.3 Except for the licenses granted in Section 1.3.2.2,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.However,the Owner shall be permitted to authorize the Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. AIA Document B141 TM—1997 Part 1.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA® Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) (Paragraph deleted) §1.3.2.4 The Architect shall provide the Owner,at Owner's request,any Instruments of Service in electronic form in the following formats: Microsoft Word 2003,Microsoft Excel 2003 and AutoCAD 2004. Architect may remove its Seal from same when delivered to Owner. §1.3.3 CHANGE IN SERVICES §1.3.3.1 Change in Services of the Architect,including services required of the Architect's consultants,may be accomplished after execution of this Agreement,without invalidating the Agreement,if mutually agreed in writing, if required by circumstances beyond the Architect's control,or if the Architect's services are affected as described in Section 1.3.3.2.In the absence of mutual agreement in writing,the Architect shall notify the Owner prior to providing such services.If the Owner deems that all or a part of such Change in Services is not required,the Owner shall give prompt written notice to the Architect,and the Architect shall have no obligation to provide those services.Except for a change due to the fault of the Architect,Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2,and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. §1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the written instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes,laws or regulations or official interpretations of which Architect has no previous reasonable notice,and which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner after written notice from Architect requesting same; .4 significant change in the Project including,but not limited to,size,quality,complexity,the Owner's schedule or budget,or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors after written notice from Architect and reasonable opportunity to cure; .6 preparation for and attendance at a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. §1.3.4 MEDIATION §1.3.4.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. §1.3.4.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association.The request may be made concurrently with the filing of legal or equitable proceedings but,in such event,mediation shall proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation for a period of 20 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §1.3.4.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. AIA Document B141 T"-1997 Part 1.Copyright D 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) I (Paragraphs deleted) §1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims,disputes or other matters in question arising .. , out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Section 1.3.8. §1.3.7 MISCELLANEOUS PROVISIONS b - ( §1.3.7.1 This Agreement shall be governed by the law of the location of the Project,unless otherwise provided in Section 1.4.2. §1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction,current as of the date of this Agreement. ff" ,, §1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed il to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Y Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of ' the final Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. i §1.3.7.4 To the extent damages are covered by property insurance during construction,the Owner and the Architect , waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. §1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §1.3.7.6 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. The Architect shall not specify or approve for use in the Project any new materials containing asbestos,asbestos products,polychlorinated biphenyl(PCB)or other toxic substances.,If the Architect discovers that such substances as described herein have been used or do exist in the Project,the Architect shall promptly notify the Owner in writing. When asbestos containing materials, polychlorinated biphenyl(PCB)or other toxic or hazardous substances are suspected or found in the course of the Project,the Owner shall immediately provide the services of an appropriately qualified expert or consultant to determine the proper course of action. §1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.Accordingly,the Architect shall furnish to the Owner at cost one each item produced by the Architect if requested by Owner,and shall likewise provide to the Owner a complete listing of persons or firms receiving Architect's promotional material,such listing being kept current by the Architect,if requested by Owner. The Architect shall be given reasonable access to the completed Project to make such representations but only at such times and dates as stipulated by the Owner's Designated Representative. However,the Architect's materials shall not include the Owner's confidential or proprietary information nor shall it include any descriptive information unless such descriptive information is prior approved in writing by the Owner's Designated Representative. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §1.3.7.8 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. AIA Document B141 TM—1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) §1.3.7.9 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to an institutional lender providing financing for the Project.In such event,the lender shall assume the Owner's rights and obligations under this Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment. §1.3.7.10 The Architect shall be responsible,with the assistance of the Owner,for preparation and timely submittal of documents required for approval or recording by all governmental agencies having jurisdiction over the Project. The Architect shall be responsible for making such changes in the Construction Documents as may be required by existing written standards current at time of development of the Contract Documents promulgated by said governmental agencies at no additional charge to the Owner. §1.3.8 TERMINATION OR SUSPENSION §1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,prior to suspension of services,the Architect shall give seven days' written notice to the Owner.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due it under the Agreement prior to suspension and any expenses incurred and due under terms of the Agreement in the interruption and resumption of the Architect's services upon submitting and receiving an approved proposal to resume services to the Owner.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted at the mutual consent of the parties to the Agreement. §1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the Architect may terminate this Agreement by giving not less than seven days'written notice. §1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. §1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. §1.3.8.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. §1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated. §1.3.9 PAYMENTS TO THE ARCHITECT §1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services.No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. §1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses: AIA Document 6141 TM—1997 Part 1.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document Is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) (Paragraph deleted) .1 transportation in connection with the Project,when such transportation is not a function of routine performance of duties of the Architect or Architect's Consultants in connection with the Project,and when such transportation extends beyond 50 miles from the project site;authorized out-of-town travel and subsistence,which shall be prior approved by the Owner's Designated Representative,and which reimbursements shall be governed by the same travel policies provided for Owner's employees according to current adopted policy. Prior to the event,the Architect shall request,and the Owner's Designated Representative shall provide the provisions and restrictions applicable to out-of-town travel reimbursements. Electronic communication reimbursable expense shall be limited to long- distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Project. .2 fees paid for securing approval of authorities having jurisdiction over the Project; (Paragraph deleted) .3 reproductions,specifically limited to progress prints prepared for presentation to Owner at each phase of progress,and final construction documents prepared for distribution at bidding phase,provided that the Architect has duly obtained at least three quotations from commercial printing firms and has chosen the best value for the Owner. Plots shall be limited to plotting of final documents,provided that the Architect shall obtain at least three quotations from commercial firms offering plotting services,if requested by Owner,and has chosen the best value for the Owner. Standard form documents are reimbursable if bulk-purchase discounts and other privileges afforded the Architect are extended to the Owner. If licensed electronic document forms are provided in lieu of hard-copy standard forms and are furnished by the Architect,the Architect may charge as reimbursable up to fifty percent(50%)of the purchase price of the corresponding hard-copy documents, subject to restrictions and limitations of copyright provisions governing both documents. Postage and delivery of Instruments of Service are reimbursable provided the Architect duly considers all circumstances (including available time for assured delivery)of the required delivery and selects the best value for the Owner,which may require comparision of delivery costs offered by three or more sources or methods of delivery,which at minimum shall include US Mail. Courier service is acceptable only in circumstance requiring deadline-sensitive deliveries and not for the convenience of the Architect. Handling is not reimbursable. .4 expense of overtime work requiring higher than regular rates if authorized in writing in advance by the Owner; .5 renderings,models and mock-ups requested in writing by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that required by Article 1.4; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project-related expenditures which are duly presented in advance and approved by the Owner's Designated Representative in writing. Telephone service charges,including office or cellular phones,WATTS or Metro line services or similar charges are not reimbursable. Toll road subscriptions or toll plaza receipts are reimbursable. Meals or any other related expenses are not reimbursable unless incurred outside a 50-mile radius of the Project,and then only reimbursable subject to 1.3.9.2.1 in compliance with Owner's policy. Faxed transmissions not requiring long distance toll charges are not reimbursable. The Architect shall be solely responsible for the auditing of all Reimbursable Expenses,including the Architect's,prior to submitting to Owner for reimbursement,and shall be responsible for the accuracy thereof. Any overpayment by the Owner for errors in submittals for reimbursement may be deducted from the Architect's subsequent payment for services. §1.3.9.3 Records of Reimbursable Expenses,of expenses pertaining to a Change in Services,and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. AIA Document B141 TM-1997 Part 1.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) §1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS §1.4.1 Enumeration of Parts of the Agreement.This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. §1.4.1.1 Standard Form of Agreement Between Owner and Architect,AIA Document B141-1997. §1.4.1.2 Standard Form of Architect's Services:Design and Contract Administration,MA Document B141-1997,or as follows: (List other documents, if any, delineating Architect's scope of services.) None at this time. §1.4.1.3 Other documents as follows: (List other documents, if any,forming part of the Agreement.) Exhibit"A"-Hourly Rates §1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows: §1.4.2.1 The Texas Board of Architectural Examiners,555 N.Lamar Blvd.,Building H-117,Austin,Texas 78751 Phone: 512/458-1363 has jurisdiction over individuals licensed under the Architects Registration Law,Article 249A,VTCS. 1.4.2.2 The following insurance shall be required of the Architect and shall be written by an insurance company having an A minus rating or better by A.M.Best and shall be written in limits for not less than the minimum required by law or the following: 1. Worker's Compensation: a. State: Statutory b. Applicable Federal: Statutory c. Employer's Liability: $500,000 per Accident $500,000 Disease,Policy Limit $500,000 Disease,Each Employee 2. Architect's and Engineer's professional liability insurance coverage with minimum of$500,000 per claim prior to the start of construction,and$1,000,000 limit per claim following the start of construction. 3. Comprehensive or Commercial General Liability (including Premises-Operations; Independent Contractors' Protective;Products and Completed Operations;Broad Form Property Damage): a. Bodily Injury: $500,000 Each Occurrence $1,000,000 Aggregate b. Property Damage: $500,000 Each Occurrence $1,000,000 Aggregate c. Products and Completed Operations to be maintained for two years after final payment: $500,000 Aggregate d. Property Damage Liability Insurance shall provide X,C and U coverage. e. Broad Form Property Damage Coverage shall include Completed Operations. f. Coverage to be extended to include the interests of the Architect and his consultants. AIA Document B141TM'—1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document Is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA® Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) 4. Contractual Liability: a. Bodily Injury: $500,000 Each Occurrence $500,000 Aggregate b. Property Damage: $250,000 Each Occurrence $500,000 Aggregate 5. Personal Injury,with Employment Exclusion deleted: a. Coverage: $500,000 Each Person Aggregate $500,000 General Aggregate 6. Business Auto Liability(including owned,non-owned and hired vehicles): a. Bodily Injury: $500,000 Each Person $500,000 Each Occurrence b. Property Damage: $250,000 Each Occurrence 7. Valuable papers insurance coverage with minimum value of$100,000. 8. Umbrella Excess Liability: a. Over Primary Insurance: $1,000,000 Each Occurrence If the General Liability coverage is provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment." 1.4.2.3 "It shall be the duty of the Architect throughout the term of this Agreement as part of Basic Services, to make a prompt written record of all meetings, conferences, discussions, and decisions made between and/or among the Owner, Architect, and Contractor during all phases of the Project and concerning any material condition in the requirements, scope,performances, and/or sequence of the services and to provide promptly a copy of all such records to the Owner." ARTICLE 1.5 COMPENSATION §1.5.1 For the Architect's services as described under Article 1.4,compensation shall be computed as follows: Total estimated fee for Basic Services,Optional Services and Reimbursable expenses shall be one-hundred ninety thousand five-hundred-fifty-five dollars($190,555). For Basic Services,as described in Articles 2.4,2.5&2.6 of Part 2 of the B 141-1997,the fee shall be one-hundred seventeen thousand eight-hundred fifty dollars($117,850),which is based on nine percent(9.0%)of the budgeted Cost of the Work of$1,309,495. Should the budgeted Cost of the Work or the final Cost of the Work vary from this,the fee will be adjusted accordingly. Where compensation is based on a stipulated sum or percentage of the budgeted Cost of the Work,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase Fifteen percent (15%) Design Development Phase Twenty percent (20%) Construction Documents Phase Forty percent (40%) Bidding or Negotiation Phase Five percent (5%) Construction Phase Twenty (20%) Total Basic Services Compensation One hundred percent _ (100%) AIA Document B141 "-1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document wasproduced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) • In addition,the following Optional Services,as described in Article 2.8.3 of Part 2 of the B141-1997,shall be provided for a maximum sum of fifty-two thousand seven-hundred dollars($52,705). Billings will be based on a percentage of completion of each task as appropriate. A) Civil Engineering Design $17,615 B) Topographic/Boundary Survey $2,860 C) Geo-Technical Investigation $3,705 D) Landscape Architecture $6,175 E) Cost Estimating $12,350 F) Programming(Time spent basis—Not to exceed$10,000) $10,000 Total Optional Services $52,705 §1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1,the Architect's compensation shall be adjusted.Such adjustment shall be calculated as described below or,if no method of adjustment is indicated in this Section 1.5.2,in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees,and identify Principals and classify employees, if required.Identify specific services to which particular methods of compensation apply.) On the basis of a stipulated fee. Failing this,on the basis of time spent at the rate of 2.75 times Direct Personnel Expense(DPE)which is 1.35 time hourly rates of the Architect's and Consultant staffs. §1.5.3 For a Change in Services of the Architect's consultants,compensation shall be computed as a multiple of one and three-tenths(1.3)times the amounts billed to the Architect for such services. §1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2,and any other items included in Section 1.5.5 as Reimbursable Expenses,the compensation shall be computed as a multiple of one and one-tenths(1.1)times the expenses incurred by the Architect,and the Architect's employees and consultants. Reimbursable expenses will not exceed the following amount without prior written authorization $20,000. Cost associated with the printing of bidding documents,specifications and delivery of same will be in addition to this allowance. §1.5.5 Other Reimbursable Expenses,if any,are as follows: None at this time. §1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. (Paragraph deleted) §1.5.8 Payments are due and payable thirty(30)days from the date of the Architect's invoice.Amounts unpaid forty-five(45)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 15%per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) §1.5.9 If the Design Services covered by this Agreement have not been completed within six(6)months of the date hereof,or if the Construction Administration period should extend beyond the time period allocated to the AIA Document B141TM-1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document Is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) Contractor in the Owner-Contractor agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. OWNER ARC (Signature) ignatur I John Mondy,Mayor Anthony ,Vice P e (Printed name and title) (Printed name and title) • AIA Document B141T"—1997 Part 1.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and international Treaties. 13 Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:36:29 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (1392385364) ---4104.,,AIA Document BI4ITM — 1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES ADDITIONS AND DELETIONS: The author of this document has 2.1 PROJECT ADMINISTRATION SERVICES added information needed for its completion.The author may also 2.2 SUPPORTING SERVICES have revised the text of the original AIA standard form.An Additions and 2.3 EVALUATION AND PLANNING SERVICES Deletions Report that notes added information as well as revisions to 2.4 DESIGN SERVICES the standard form text is available from the author and should be 2.5 CONSTRUCTION PROCUREMENT SERVICES reviewed.A vertical line in the left margin of this document indicates 2.6 CONTRACT ADMINISTRATION SERVICES where the author has added necessary information and where 2.7 FACILITY OPERATION SERVICES the author has added to or deleted from the original AIA text. 2.8 SCHEDULE OF SERVICES This document has important legal consequences. Consultation with an 2.9 MODIFICATIONS attomey is encouraged with respect to its completion or modification. ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES §2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner,research applicable design criteria,attend Project meetings,communicate with members of the Project team and issue progress reports.The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. §2.1.2 When Project requirements have been sufficiently identified,the Architect shall prepare,and periodically update,a Project schedule that shall identify milestone dates for decisions required of the Owner,design services furnished by the Architect,completion of documentation provided by the Architect,commencement of construction and Substantial Completion of the Work. The Project Schedule shall reflect the Owner's required date for Substantial Completion of all work,making reasonable allowances for unforeseen circumstances of either the Architect's or the Owner's schedule in meeting the finish date. §2.1.3 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program,budget and aesthetics in developing the design for the Project. §2.1.4 Upon request of the Owner,the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. §2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and written approval by the Owner.The Architect must obtain and shall be entitled to rely on written approvals received from the Owner before proceeding to next phase of design. AIA Document B141 TM-1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) §2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall be responsible, with the assistance of the Owner, for preparation and timely submittal of documents required for approval or recording by all governmental agencies having jurisdiction over the Project. The Architect shall be responsible for making such changes in the Construction Documents as may be required by existing written standards current at time of development of the Contract Documents promulgated by said governmental agencies at no additional charge to the Owner. §2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK §2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses from Schematic Design to Design Development, the Architect shall refine the cost estimate to a line-item format,using CSI division categories to organize and improve the accuracy of the estimate. Upon completion of Design Development Phase,the Architect shall advise the Owner that the design has progressed to sufficient detail to obtain a more accurate cost estimate. If the estimated Cost of the Work exceeds the Owner's approved budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality, design features, or budget. Accordingly, the Architect shall inform the Owner as to the adjustments finally adopted, and shall obtain approval from the Owner before proceeding to the Construction Documents Phase. §2.1.7.2 Evaluations of the Owner's budget for the Project,the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices,or over competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. §2.1.7.3 In preparing estimates of the Cost of the Work,the Architect shall be permitted to include contingencies for design,bidding and price escalation provided the same are identified and disclosed to Owner;to propose what materials,equipment,component systems and types of construction are to be included in the Contract Documents to keep the Project within the current approved budget;to propose reasonable adjustments in the scope of the Project to keep same within the current approved budget and to propose for inclusion in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Owner shall have the right to review all proposals,complete with adequate professional advice from the Architect,and to approve before the Architect proceeds. Alternate bids shall not affect delivery of the program, unless the Owner so directs. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded,that budget shall be increased accordingly. §2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. §2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time with no adjustment in the Architect's compensation; .3 terminate in accordance with Section 1.3.8.5;or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. §2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4,the Architect and Architect's Consultants,with additional compensation,shall modify the documents for which the Architect and Architect's Consultants are responsible under this Agreement as necessary to comply with the budget for the Cost of the Work.The Architect AIA Document B141 TM-1997 Part 2.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) Ishall be entitled to compensation in accordance with this Agreement and the laws of the State of Texas for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES §2.2.1 Unless specifically designated in Section 2.8.3,the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. §2.2.1.1 The Architect shall participate with the Owner to develop a program setting forth the Owner's objectives, schedule,constraints and criteria,including space requirements and relationships,special equipment,systems and site requirements. §2.2.1.2 Should the Owner choose not to accept the optional service cost for the Architect to provide survey services,the Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include, as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;adjacent drainage; rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. §2.2.1.3 Should the Owner choose not to accept the optional service cost for the Architect to provide the geotechnical report,the Owner shall furnish services of geotechnical engineers when such services are requested by the Architect which may include but are not limited to test borings,test pits,determinations of soil bearing values, percolation tests,evaluations of hazardous materials,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PROGRAMMING SERVICES §2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement,including the Owner's program and schedule requirements and budget for the Cost of the Work,each in terms of the other.The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. The Architect shall tour with City's representative projects of similar scope in the metroplex area(maximum one day). The Architect shall meet on-site with a large group of representatives(maximum one day)to develop the Program. The Architect shall continue to work with a smaller set of the City's representatives to finalize the facility space requirements(Program). The Architect shall document the Facility Program and compare the Program with the Budgeted Cost of the Work and notify the Owner of any discrepancies. The Architect shall submit the Final Facility Program to the City for final approval. §2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions,and the Owner's program,schedule and budget for the Cost of the Work. §2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program,financial and time requirements,and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES §2.4.1 The Architect's design services shall include normal structural,mechanical and electrical engineering services. §2.4.2 SCHEMATIC DESIGN DOCUMENTS §2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule,and budget for the Cost of the Work.The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components.Through the Schematic Design Phase,the Architect shall review periodically the progress of the Work with the Owner's Designated Representative such that the Owner will have participated in the development of the design concept. The Schematic Design Documents shall include: AIA Document B1411'—1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) (1) A conceptual Site Plan, scaled accurately, to depict all features of the site, including but not necessarily limited to drives, parking, streets, alleys, easements, finish floor elevation and site contours, location of existing utilities,including all utilities that were provided to the Architect in Articles 2.2.1.2 and 2.2.1.3,and the building location indicating proposed sidewalks and other site appurtenances. The site plan shall bear a schedule indicating the acreage of the site,the area of the site proposed for concrete or asphalt paving,the total area of the building,and area of proposed covered walks and overhangs. • (2) Floor Plan or plans, drawn to scale, indicating the dimensions and net areas of each individual space, labeled as to use, and indicating door swings, window or glassed areas, wall thickness, conceptual casework/millwork and other design features, which require Owner approval. Spaces too small at the plan scale to be adequately examined shall be enlarged and illustrated as necessary. Floor plan sheet shall indicate the gross area of the building. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. (3) Exterior Elevations, drawn to scale, proposing the design concept and indicating proposed materials and design features. (4) A preliminary code search, indicating the anticipated code requirements governing building, fire, life safety, accessibility, and health, and a statement as to the Architect's and Architect's Consultants' approach to accommodate these requirements shall be included. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. The Architect shall obtain approval of Schematic Design Documents from Owner before proceeding to Design Development Phase." §2.4.3 DESIGN DEVELOPMENT DOCUMENTS §2.4.3.1 The Architect and Architect's Consultants shall provide Design Development Documents based on the Schematic Design Documents approved by Owner and updated budget for the Cost of the Work. Through the Design Development Phase,the Architect and Architect's Consultants shall periodically review the progress of design development such that the Owner's Representative will have participated in the decisions upon which the Design Development Phase was founded. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections, and elevations, typical construction details, and equipment layouts, including mechanical, electrical, plumbing, and all other systems which are included in the Architect's and Architect's Consultants' Scope of Work. The extent of presentation shall be such that all aspects of the design and features, locations of equipment, switching, lighting, door numbers/types, room numbers/finishes, ceiling types/finishes and any other issue which may be incorporated into the Construction Documents shall have been presented to and approved by the Owner. A complete code review, addressing building, fire, safety, TAS, health, and any or all other code/ordinance requirements shall be included,indicating the Architect's and Architect's Consultants' interpretations as to the code requirements,and the features incorporated into the design that satisfy the requirements. Site plans shall depict the final locations of all site appurtenances, utility connections and routing, drives, walks, yard irrigation, and other features to illustrate to the Owner that essentially all decisions have been made and that decisions of significance will not be required during Construction Document Phase. Specifications shall be in outline form or detailed format, and shall describe the materials and methods intended for use within the project, as well as the proposed delivery method, proposed alternate bids, allowances and other significant information,to include the Architectural and Engineering technical specifications sections. The Architect shall obtain a detailed cost estimate to determine the final estimated Cost of Work for the Owner's review. Owner shall approve Design Development Documents prior to Architect proceeding with Construction Documents." AM Document B141' —1997 Part 2.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A1Ae Document is protected by U.S.Copyright Law and international Treaties. 4 Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) §2.4.4 CONSTRUCTION DOCUMENTS (Paragraph deleted) §2.4.4.1 Based on the approved Design Development Documents, the Architect and Architect's Consultants shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements of the construction of the Project, including, but not necessarily limited to the Work required for the architectural, structural, mechanical, electrical, plumbing, civil and sitework (unless provided by Owner), service-connected equipment, and the necessary general condition of the Agreement. The Architect shall provide the services of professional structural, mechanical, civil (unless provided by Owner), electrical, and other engineers, as well as landscape architects, qualified by training and experience in their respective fields, to address the requirements of the Project; shall submit a list of the names of the consultants to be employed by the Architect to the Owner in advance, for Owner's review and approval, which approval shall not be unreasonably withheld; and shall require such professional engineers to place their seal,name and signature on the Drawings and Specifications prepared by them. Said Construction Documents shall comply with all applicable laws, statutes, ordinances, codes, rules and regulations as described in paragraph 1.2.3.6 herein. Approval by the Owner shall not constitute approval of the means,techniques,or particular material recommended by the Architect or Architect's Consultants for the Project." §2.4.4.2 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of: (1)bidding and procurement information which describes the time,place and conditions of bidding;bidding or proposal forms;and the form of agreement between the Owner and the Contractor; and(2)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)subject to review by Owner's legal counsel.The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES §2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. §2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. §2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal,if any.If requested by the Owner,the Architect shall notify all prospective bidders or contractors of the bid or proposal results. §2.5.4 COMPETITIVE BIDDING §2.5.4.1 Bidding Documents shall consist of bidding requirements,proposed contract forms,General Conditions and Supplementary Conditions,Specifications and Drawings. §2.5.4.2 The Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. . The Architect shall obtain a minimum of three quotes for reproduction and shall use the lowest bid obtained.The Owner shall reimburse the Architect for such expenses §2.5.4.3 If requested by the Owner,the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process.The Architect shall maintain a log of distribution and retrieval,and the amounts of deposits,if any,received from and returned to prospective bidders. The Architect shall forward to the Owner the number of full sets of Construction Documents designated by the Owner simultaneously with forwarding the documents to general contractor bidders. (Paragraph deleted) §2.5.4.4 The Architect and Architect's Consultants shall review requests for substitutions and shall copy the Owner in substitutions accepted for use in lieu of the specified product. Notification of acceptance of substitutions shall be included in Addenda. AIA Document B141 71-1 997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and international Treaties. 5 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) (Paragraph deleted) §2.5.4.5 The Architect and Architect's Consultants shall organize, prepare, and preside over a pre-bid conference, held in adequate time to allow issuance of an addendum at least seven calendar days in advance of bid date to respond to issues raised at the pre-bid conference. §2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. The Architect shall forward copies of each addendum to the Owner simultaneously with issuance to the prospective bidders. §2.5.4.7 The Architect shall participate in or,at the Owner's direction,shall organize and conduct the opening of the bids.The Architect shall subsequently document and distribute the bidding results,as directed by the Owner. (Paragraphs deleted) ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES §2.6.1 GENERAL ADMINISTRATION §2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement and any supplementary conditions thereto.Modifications made to the General Conditions,when adopted as part of the Contract Documents,shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement and approved in writing by the Architect. §2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment.However,the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. For purposes of performance of Contract Administration,the Architect's Designated Representative, identified in 1.1.3.4,shall continue through the duration of Contract Administration Services,and may not be changed without written consent by the Owner. §2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. I §2.6.1.4 Duties,responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted,modified or extended without written agreement of the Owner and Architect and notice to the Contractor,. §2.6.1.5 The Architect shall review properly prepared,timely requests by the Contractor for additional information about the Contract Documents.A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. I §2.6.1.6 If deemed appropriate by the Architect,the Architect shall prepare,reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. §2.6.1.7 The Architect shall interpret matters concerning performance of the Contractor under,and requirements of, the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by the Contractor,and shall not be liable for the results of interpretations or decisions so rendered without negligence.. AIA Document B141 TM-1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties. 6 Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) §2.6.1.9 The Architect shall render initial decisions on claims,disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents.The Owner shall have final authority on questions relating to aesthetic effect,provided such authority is exercised in a way which is consistent with the intent expressed in the Contract Documents. §2.6.2 EVALUATIONS OF THE WORK (Paragraph deleted) §2.6.2.1 The Architect shall visit the site not less than twice per month while Work is in progress,and as appropriate to the stage of construction(with particular emphasis on foundation and structural work)to observe the site and Work;to require and schedule timely visits as appropriate by Architect's Consultants to observe the work of their specialty before it becomes concealed;to familiarize the Architect and Architect's Consultants with the progress and quality of the Work;and to determine for the Owner's benefit and protection if the Work is generally proceeding in accordance with the intent of the Contract Documents and construction schedule. The Architect shall attend and preside over all construction progress meetings in conjunction with,or in addition to visiting the site in satisfaction of other responsibilities. The Architect shall neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or procedures,or for safety precautions and programs in connection with the Work for the Project,since these are solely the Contractor's rights and responsibilities under the Contract Documents,but shall use reasonable care to guard the Owner against defects and deficiencies in the Work and the Contractor's failure to carry out the Work in accordance with the Contract Documents and the construction schedule. On the basis of on-site observations,the Architect shall keep the Owner informed of the general progress and quality of the Work,and shall give prompt notice to the Owner in writing of any or all known deviations from the Contract Documents in the Work. §2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor.However,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons or entities performing portions of the Work. I §2.6.2.3 Both the Owner and the Architect shall at all times have access to the Work wherever it is in preparation or progress. (Paragraph deleted) §2.6.2.4 The Owner and Contractor shall communicate through the Architect; except (1) as may otherwise be provided in the Contract Documents,(2)when direct communications have been specifically authorized,or(3)when such communication has been attempted and could not be reasonably be accomplished in a timely manner in consideration of the requirements of the Project. Where direct communication between Owner and Contractor has occurred,the Owner and Contractor shall promptly and jointly document the nature and result of the communication as well as the reason for the direct communication and shall provide a copy of said documentation to the Architect. The Architect shall not be responsible for consequences of decisions made or actions taken with out their participation and agreement in writing. Communications by and with the Architect's consultants shall be through the Architect. §2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. AIA Document B141 TM—1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) §2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR §2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts.The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents and that the Work has been performed in a good and workmanlike manner to the best of Architect's knowledge and belief.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. §2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. §2.6.4 SUBMITTALS §2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or sub-contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. §2.6.4.3 If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Architect shall specify appropriate performance and design criteria that such services must satisfy.Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals. §2.6.5 CHANGES IN THE WORK §2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents.The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents.If necessary,the Architect shall prepare,reproduce and distribute Drawings and Specifications to describe Work to be added,deleted or modified,as provided in Section 2.8.2. §2.6.5.2 The Architect shall review properly prepared,timely requests by the Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time.A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications.If the Architect determines that requested changes in the Work are not materially different from the requirements of the AIA Document B141 TM—1997 Part 2.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA® Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) Contract Documents,the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. §2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum,the Architect shall make a recommendation to the Owner,who may authorize further investigation of such change.Upon such authorization, and based upon information furnished by the Contractor,if any,the Architect shall estimate the additional cost and time that might result from such change,including any additional costs attributable to a Change in Services of the Architect.With the Owner's approval,the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. §2.6.5.4 The Architect shall maintain records relative to changes in the Work. §2.6.6 PROJECT COMPLETION §2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor,and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. §2.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including any amounts needed to pay for fmal completion or correction of the Work. §2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner:(1)consent of surety or sureties, if any,to reduction in or partial release of retainage or the making of final payment and(2)affidavits,receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. I (Paragraphs deleted) ARTICLE 2.8 SCHEDULE OF SERVICES §2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to Two(2)reviews of each Shop Drawing,Product Data item,sample and similar submittal of the Contractor. Additional reviews shall be billed on a time spent basis. Specifications shall note that this additional cost is to be reimbursed to the Owner by the Contractor. .2 up to Two(2)visits per month to the site by the Architect over the duration of the Project during construction to review progress of construction and advise of any issues forthcoming that affect the Scope of Work,status of Construction Cost,completion dates,or any similar significant information beneficial to the Owner. Additional visits shall be billed on a time spent basis. Specifications shall note that additional trips required to observe or remedy Contractor(or Sub-contractor)discrepancies with the work is to be reimbursed to the Owner by the Contractor. .3 up to Two(2)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. Additional inspections shall be billed on a time spent basis. Specifications shall note that this additional cost is to be reimbursed to the Owner by the Contractor. .4 up to One( 1 )inspections for any portion of the Work to determine final completion. Additional inspections shall be billed on a time spent basis. Specifications shall note that this additional cost is to be reimbursed to the Owner by the Contractor. §2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3 and require the acceptance and approval of the Owner prior to performance of Work: AIA Document B141TM-1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and Is not for resale. User Notes: (3901873183) .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information,Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals,including the preparation or revision of Instruments of Service except where more descriptive original Contract Documents or addenda could have rectified Change Orders or Construction Change Directives thereto; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants,the Contractor or others in connection with the Work except where such extensive number of claims could have been rectified by more descriptive original Contract Documents or addenda thereto; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. §2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect,Owner or Not Provided) .1 Programming Architect See Below .2 Land Survey Services Architect(as noted) See Below .3 Geotechnical Services Architect(as noted) See Below .4 Space Schematics/Flow Diagrams Architect(as noted) See Below .5 Existing Facilities Surveys Not Provided .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection Architect(as noted) See Below .8 Environmental Studies and Reports Not Provided .9 Owner-Supplied Data Coordination Not Provided .10 Schedule Development and Monitoring Architect .11 Civil Design Architect(as noted) See Below .12 Landscape Design Not Provided .13 Interior Design Architect(as noted) See Below .14 Special Bidding or Negotiation Not Provided .15 Value Analysis Not Provided .16 Detailed Cost Estimating Architect(as noted) See Below .17 On-Site Project Representation Not Provided .18 Construction Management Not Provided .19 Start-up Assistance Not Provided .20 Record Drawings Not Provided .21 Post-Contract Evaluation Not Provided .22 Tenant-Related Services Not Provided .23 Not used .24 Not used .25 Not used Description of Services. AIA Document B141 TM-1997 Part 2.Copyright ©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 1 0 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) (Insert descriptions of the services designated.) .1—Architect shall work with owner to develop the program on a time spent basis not-to-exceed$10,000. This includes one day of tours of other fire stations and one day of on-site programming meetings. .2—Architect shall provide Topographic/Boundary Survey Services for a lump sum cost of$2,860. .3—Architect shall provide Geotechnical Investigation Services for a lump sum cost of$3,705 .4—Architect shall provide as part of Programming Scope. .7—Architect shall analyze the existing site to determine feasibility for containing the proposed Project Program as a part of Basic Services. .11-Architect shall provide Standard Civil Engineering Services for a lump sum cost of$17,615. .12—Architect shall provide Landscape Architectural Services for a lump sum cost of$6,175. .13—Architect will provide Basic Interior Design Services of finishes as a Basic Service. .16—Architect shall provide Cost Estimating Services(three estimates)for a lump sum cost of$12,350. ARTICLE 2.9 MODIFICATIONS §2.9.1 Modifications to this Standard Form of Architect's Services:Design and Contract Administration,if any,are as follows: None at this time. By its execution,this Standard Form of Architect's Services:Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect,AIA Document B 141-1997,that was entered into by the parties as of the date: September 12,2006 OWNER ARC , -, (Signature) 41 .01rlure John Mondy,Mayor Anthony . e , esiden (Printed name and title) (Printed name and title) AIA Document B141 TM—1997 Part 2.Copyright ®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 1 1 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:03:58 on 08/24/2006 under Order No.1000214205_1 which expires on 1/9/2007,and is not for resale. User Notes: (3901873183) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 7 Department: CM (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: September 8, 2006 Budgeted Amount: Exhibits: 1 Subject Consider and act upon authorizing the City Manager to sign a Development Agreement Between the City of Wylie and the Skorburg Company. Recommendation Motion to approve the authorization of the City Manager 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 FM 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. The developer will not receive credits on either street or sewer impact fees, and will pay full parkland dedication fees as required by ordinance. The City will design and build Alanis Drive according to the bond schedule. The final version attached has been reviewed by staff and the City Attorney. Approved By Initial Date Department Director MM 9-8-06 City Manager 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; and WHEREAS, the Developer desires to sell City right-of-way as described herein; 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 Allin 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 by October 31, 2006, this Agreement is null and void. 2. Alanis Drive. The City acknowledges that the construction of Alanis Drive from the eastern boundary of Twin Lakes subdivision to FM 544 is scheduled to be constructed and it is anticipated that Alanis Drive will be completed by December 31, 2007 ("Alanis Drive"). The City will make a diligent effort to meet that goal. 3. Dedication of Right-of-Way for Alanis Drive. The City agrees to purchase from Developer a 100' right-of-way (approximately 5.74 acres) through the east/west length of the Property. The parties agree the purchase price shall be the lesser of$30,000 per acre, or the fair market value of the property pursuant to an appraisal performed by an appraiser approved by both parties. The cost of the appraisal will be shared equally by City and Developer. The taking date for the right-of-way is September 30, 2006. The purchase price of the right-of-way referred to above shall be paid thirty (30) days after the appraiser has determined the fair market value of the 100' right-of-way. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 1 Doc#459852 9/8/2006 3:48:52 PM The City intends to construct Alanis Drive within the 100' wide right-of-way to be purchased from Developer; provided, however, in the event that the City needs additional property not to exceed one half(1/2) of an acre for right-of-way or easements that are reasonably necessary to construct Alanis Drive, Developer shall dedicate, at its sole cost, the additional right-of-way and/or easements to the City within fifteen (15) days of written notice from the City. This additional dedication provision expires on the earlier of acceptance of Alanis Drive by the City or March 31, 2008. 4. Sewer Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect sewer impact fees against the Property pursuant to the applicable ordinances of the City. All phases of the Project shall be assessed and shall pay sewer impact fees in accordance with the applicable ordinances of the City. 5. Thoroughfare Impact Fees. The Property shall be subject to thoroughfare impact fees and paid in accordance with the applicable ordinances of the City. 6. Park Fees. The Property shall be subject to park fees and paid in accordance with the applicable ordinances of the City. 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"B". 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 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 Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 2 Doc#459852 9/8/2006 3:48:52 PM 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. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 3 Doc#459852 9/8/2006 3:48:52 PM 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: Barry Knight Winstead Sechrest&Minick 5400 Rennaisance Tower Dallas, Texas 75201 If to City, to: City Manager 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Richard M. Abernathy Abernathy,Roeder, Boyd&Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 12. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 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: Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 4 Doc#459852 9/8/2006 3:48:52 PM (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (c) NUISANCE;AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION 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. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 5 Doc#459852 9/8/2006 3:48:52 PM 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. 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. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 6 Doc#459852 9/8/2006 3:48:52 PM 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 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. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 7 Doc#459852 9/8/2006 3:48:52 PM 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: , City Manager 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 Doc#459852 9/8/2006 3:48:52 PM STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , the City Manager of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared 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 Doc#459852 9/8/2006 3:48:52 PM 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 Doc#459852 9/8/2006 3:48:52 PM EXHIBIT A LEGAL DESCRIPTION Being a 61.26 acre tract of land located in the Allin 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 os said Allin 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 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 Calisle, as recorded in Volume 3011,Page 202, C.C.D.R., a tract of land descibed 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 desribed to James & Donna Trevino, as recorded in Volume 4501, Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 11 Doc#459852 9/8/2006 3:48:52 PM 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 descirbed 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 hereing 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 hereing 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 Doc#459852 9/8/2006 3:48:52 PM Exhibit"B" Alanis Drive Bond Package Alanis (Twin Lakes to FM 544) Construction of new 4-lane concrete. Estimated Cost: $ 2.6 million 1 �";', � 1 �!!S�__ ' _ �... , r�s(�, 1 n b Specifici . -- ARtJbi • Approximately 2,700 linear feet i _ , • Sidewalks included iiiinti ' r a „w II IW1Fia 1' T .......z._:_liir,_ Iti i iiI _ 1 Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 13 Doc#459852 9/8/2006 3:48:52 PM Exhibit"C" Concept Plan 1 . x • �\ �t, / a- -. G - G \ \\ \�... q,.f % �/ �, S\Per f/ \.\. �. ._.�_._. I I � \ / h t. - / \ ' `R ` ti� 1 t � � \r -.— \ \.A /„ rw \ �/ j 1 I- - \ \ / ,, / \s r f , • ti.+4vt t X.. n.. ..! .. u.. •I rAPut L , Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 14 Doc#459852 9/8/2006 3:48:52 PM Exhibit "D" Open Ditch Rd Section VARIABLE VARIABLE WIDTH U.D.E. 50' R.O.W. WIDTH U.D.E. VARIES 2'VARIES 2' 13' 13' Z'VARIES 2' VARIES 5. Parabolic Crown 1 Aci7 ' /, OA' .1%, 4,4,6,4k-4/$,,„„, //\\i\\//\\/i\\�i' water \��/j\� Franchise ✓♦ •/Utilities 7 5' S' 6" Lime Stabilized Subgrade Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 15 Doc#459852 9/8/2006 3:48:52 PM Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: 8 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 9/5/06 Budgeted Amount: $N/A Exhibits: Rate Study, Ordinance Subject Consider, and act upon, Ordinance No. 2006-59 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). Recommendation Motion to approve an Ordinance amending Ordinance No. 98-16 (Fee Schedule Ordinance)modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). Discussion On August 29 , 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the recently approve capital improvements plan (CIP) as well as a proposed$3,000,000 bond issue for the expansion of the public works facility. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporates the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the proposed expansion of the Muddy Creek Regional Wastewater Treatment Plant. A 3.25% increase per year over the next five years is proposed in the rate study(Financing Scenario 2). The new rate structure includes 1,000 gallons in the minimum monthly bill and incorporates a stronger conservation rate design for residential and irrigation meters (Rate Alternative 2). The attached ordinance incorporates these recommendations into the water and sewer rates for FY 2007. Approved By Initial Date Department Director CH 09/05/06 City Manager l r V V l 4/q U 6 Page 1 of 1 ORDINANCE NO. 2006-59 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SECTION 1.00 (WATER AND SEWER RATES AND FEES), SUBSECTION 1.02 (WATER RATES) AND SUBSECTION 1.03 (SEWAGE COLLECTION AND TREATMENT RATES); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to adopt the amendments to Section 1.00(Water and Sewer Rates and Fees) of Ordinance No. 98-16 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 1.02 (Water Rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.02 (Water Rates) is hereby amended to read as follows: §1.02 Water rates. (a) The following monthly water rates shall apply to all residential customers within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $8.90 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons .$2.58 2,001 to 10,000 gallons $2.58 Over 10,000 gallons $3.37 (b) The following monthly water rates shall apply to all commercial customers(other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons .$2.95 Over 2,000 gallons $2.95 Ordinance No.2006-59 Item#8-Attachment-Ordinance-amending 98-16-water fees Page 1 (c) The following monthly water rates shall apply to all apartments, mobile home parks and other multi-unit dwellings not individually metered within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $2.95 Over 2,000 gallons $2.95 (d) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption Residential irrigation meter $8.90 Commercial&Multi-Family irrigation meter ..$12.15 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons): 1,001 to 2,000 gallons $3.73 Over 2,000 gallons $3.73 (e) The monthly water charge for any customers (residential, commercial, apartment, mobile home park and other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie,Texas, shall be at the rate of 115 percent of the rate charged customers inside the corporate limits of the city. (f) Any bulk water customer, who desires to withdraw water from a hydrant or other source, not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25-gallon increments at the same rates as the commercial customer. SECTION 3: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 1.03 (Sewage collection and treatment rates). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 1.03 (Sewage collection and treatment rates) is hereby amended to read as follows: § 1.03 Sewage collection and treatment rates. (a) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie,Texas: (1) Monthly minimum charge(first 1,000 gallons of metered consumption) $15.00 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) $1.57 (3) The total charge for any month shall be subject to a maximum of $36.20 (b) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie,Texas: (1) Monthly minimum charge(first 1,000 gallons of metered consumption) $21.50 (2) Volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) ..$1.57 (c) A sewer fee of$23.00 shall be charged for each apartment unit,multiple-family unit,or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption. (d) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park and other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie,Texas, shall be at the rate of 115 percent of the rate charged customers inside the corporate limits of the city. Ordinance No.2006-59 Item#8-Attachment-Ordinance-amending 98-16-water fees Page 2 (e) All references to gallons and consumption in this section shall mean water usage, which shall be used to determine the sewer rates herein imposed. SECTION 4: Savin2s/Repealin2 Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 12th day of September, 2006. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 20, 2006 Ordinance No.2006-59 Item#8-Attachment-Ordinance-amending 98-16-water fees Page 3 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 ' Derision Support Systems Mc LAIN IY.Ja-rt�i.-I..,n.f'tn.-«il•`.1 t..in I'h-x,i,.ti� �'I..rr�,.r.n io- ) OM cio?1 •t.'4,rW.;PS!11,1„L .4„ham.11t,I.L, o, 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, C _o Robert McLain, Director Government Utility Rate Division McLain Deciston Support Systems Mc LAIN �_I Ui.ti-yrhur.r l'k,r..-41+•I�uucJfc.TX iiCRi 107n vrit, •iu];i r•y?.Sio?F�.•111i�•,�i-1!i_•\I 1,11, •h.I'>iux Lun,I, 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 ' Decision Support Systems Mc LAIN R,•Fvrc�I.I_un,Prin.q•,I•AIcl.,un Ik-...m� �L,rr>.mn- :LI x41:5. 0721416(+1'I i'III,•1')7_1 pio"ro,•t141 n4i-+I+y iI 1,1h •I' 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 1.7.Existing&Alternative Rate Structures-Wastewater 7 1.8 Illustration of Monthly Impact: Water& Sewer Monthly Bills 8 2.1 Growth-Water 10 2.2 Growth-Wastewater 10 2.3 Water Loss Percentages—Inflow/Infiltration Percentages 11 2.4 Water Purchases from NTMWD 11 2.5 NTMWD Wastewater Treatment Costs(Wylie Wastewater Treatment Plant Costs) 12 2.6 NTMWD Wastewater Treatment Costs (Muddy Creek Interceptor Costs) 12 2.7 NTMWD Wastewater Treatment Costs(Muddy Creek Wastewater Treatment Plant) 13 2.8 Recap of NTMWD Wastewater Treatment Costs 13 2.9 City of Wylie Utility Staffing Levels 14 2.10 Personnel-Related Costs 14 2.11 Total Departmental Operating and Maintenance Costs (Excluding NTMWD Costs) 15 2.12 Recap of Operating and Maintenance Costs 15 2.13 Revenue Debt—Existing—Water& Sewer 16 2.14 Revenue Debt—Existing—Water Portion 17 2.15 Revenue Debt—Existing—Water Portion Eligible for Impact Fees 17 2.16 Revenue Debt—Existing—Wastewater Portion 18 2.17 Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 18 2.18 Non-Revenue Debt—Existing—Water& Sewer 19 2.19 Non-Revenue Debt—Existing—Water Portion 19 2.20 Non-Revenue Debt—Existing—Water Portion Eligible for Impact Fees 20 2.21 Non-Revenue Debt—Existing—Wastewater Portion 20 2.22 Non-Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 21 2.23 Water Capital Improvement Plan 21 2.24 Revenue Debt—Planned—Water Portion 22 2.25 Revenue Debt—Planned—Water Portion Eligible for Impact Fees 23 2.26 NTMWD Contract Revenue Debt 23 McLain Decision Support Systems McLAIN R 5 M<Lam.I'nr pal•llcL.un Ik:nr.n�nph-art „mru, —1\\'�.ah,1 e,r Pkwv.=41:i•Lea-1,111,,I\7I s7 lo7:1 •0721,02:i)7 Hs•1214 r'o i-iG;'VI.1,1,.• 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 ILIPP Systems Mc LAIN k R.r NL I_.no.Prim p;II•NId_au. 'PI\4`.ti.,mltno,r I'nr n410 i.Lc.,n.dh,TS 7i01,7 0,721416.b1•S1 i)t`.•0721{y_.i1971Cis• ,n; M i'KI.,l •1,1,ttio,Ino.1d,.i.,m 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': 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. ' Based on growth assumptions in Impact Fee Study update,Table No.8,Table No.9,page 21,confirmed by Chris Hoisted. SECTION I—EXECUTIVE SUMMARY PAGE 1 McLain Decision Support Systems McLAIN R,In-rr Vld-,nn.Prim.r.1•Md_nn IOcnion},q,}�.;i t',72 431..61,1 ,irti„•072,6.2 C,97 f.I.•r_t4},tio{_Shi2 NI,1 1,• M0,1 un,1 3,,,.n • 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 McLAIN Ft„Ikrr {,Lain.Pr11tt1h:11•Rld nm ik<iirm 201\i!5„ut11,,,t Pb,.,.,A41 t i•I ilk,TZ 7 3 V,l 0)7 1416.r,P41 Crth,o•072)A02 i1g7 F.m•1:141 ;612 AL,bd.-•I.,i-ttma:nrn4l ,nu • 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 ...ram A Decision Support Systems McLAIN Itnl,0 NicLnn,Prin.( 1•Mc 1 All.i',ciw,m Sups,ar cr'rrm 201'L j„uthwc.r PI:r.r„•4101•Lv„i•,,6r,T\73c4,7 (v721411,(,1,l 010,t•(072,103.;30)7 I 1,•U141'sHI_ rrH_'NL,,li.-•i., rrrro I iunid..,r.m Table 1.1 Key Findings Recap of the Impact of Each Financing Scenario Scenario 1 Scenario 2 Scenario 3 Average Residential Average Residential Average Residential Water&Sewer Bill Water&Sewer Bill Water&Sewer Bill 5,000 gals WS 5,000 gals WS 5,000 gals WS Change Winter, Bill Change Winter, Bill Change Winter, Bill Fiscal In 13,000 gals $$ In 13,000 gals $$ In 13,000 gals $$ Year Rates Summer Change Rates Summer Change Rates Summer Change 2005 N/A $ 55.07 $ - N/A $ 55.07 $ - N/A $ 55.07 $ - 2006 - 55.07 - - 55.07 - - 55.07 - 2007 - 55.07 - 3.25% 56.86 1.79 5.50% 58.10 3.03 2008 - 55.07 - 3.25% 58.71 1.85 - 58.10 - 2009 12.50% 61.95 6.88 3.25% 60.62 1.91 5.50% 61.29 3.20 2010 6.00% 65.67 3.72 3.25% 62.59 1.97 - 61.29 - 2011 - 65.67 - 3.25% 64.62 2.03 5.50% 64.67 3.37 2012 - 65.67 - - 64.62 - - 64.67 - 2013 - 65.67 - - 64.62 - - 64.67 - 2014 - 65.67 - - 64.62 - - 64.67 - 2015 - 65.67 - - 64.62 - - 64.87 - 2016 - 65.67 64.62 64.67 - 18.50% $ 10.60 16.25% $ 9.55 16.50% $ 9.60 • Financing Scenario 1: The City does not need to increase overall rates until 10/01/2008, if all key planning assumptions do not drastically change. However, if the City chooses to wait until 10/01/08, then the rate increases will need to be 12.5%, as shown on Table 1.2. Table 1.2 Key Adequacy Tests Financing Scenario 1 Don't Raise Rates Until You Have To Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ 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% 85.67 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 McLain A Decision Support Systems McLAIN lioN n NI.Lnn.I'm.,r.,1•;1kl.on I,c:ni,:n Fnpp..rr tit-r.rv. 201\C'S..uthuc.i Pk..,,.0410i•La..i..illo.TX 7s,71.7 1.721 416,,i l 011,n •072,I 2','97 I.,•t 214)I9I-1p6:Nil k•i,k,ns l:+uni i,L0111 • 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% S 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 55 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 92 252% 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 ik McLain Decision Support CP' Systems McLAIN Rnh, 1,1.:nn,Pnru ii.d•N.Lain I h n ti.q F<,n ft 201\1?ti,.wh,rc.�Pkwr.A410'.•I nriIk T, ',Co; 071l436-<.Is109,•(a72)602ii97I .•t_I41yq{.i(i:N,d.I •1ti1,tn.141E0i...„m 1.6 RATE DESIGN OBJECTIVES: Several rate design alternatives were developed for the City's consideration. However, based on prior discussions with City staff and Council, we have brought two rate design alternatives to the City Council for consideration. Following is a recap of the objectives we wished to achieve with these alternatives: • All alternatives recover the revenues necessary to fund the cost of service for FY 2007. We have brought to the City rate design alternatives which should last for at least the next two years, assuming the overall cost of service does not differ materially than planned. Note — the existing water rate design could last until 10/01/2008,per Table 1.2. • However, we have assumed any changes in rates would be implemented on October 1, 2006. 1.7 OVERVIEW OF RATE DESIGN ALTERNATIVES: We are bringing rate design alternatives that have the following characteristics: Table 1.5-Rate Alternatives Existing Alt Alt Alt . 1 2 3 Includes 1,000 gallons in the monthly minimum bill ✓ ✓ ✓ ✓ Across-the-board increase to existing rate design ✓ Includes existing monthly minimum bills with no change ✓ ✓ ✓ Incorporates a stronger conservation rate design for residential and ✓ ✓ irrigation meters Incorporates a seasonal conservation rate design for residential and ✓ ✓ irrigation meters SECTION I—EXECUTIVE SUMMARY PAGE 6 McLain A Decision Support Systems Mc LAIN R.h,rt J6i.un.I'nnur.01•Nit I.Tin I,t,1,1 0,11.41 a1.tra: 201 W ti,,,,i .,cst Pkwt,,.410',•Lc,.i..ill,T\7'.4'7 01721916.61.,1 Otti..•(q,Il 6N2.Sio71',•,2141 sgl.ir.isAL,bd.-•l.,l•>bm.L+in,ld.„n. 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 $ 9.19 $ 8.90 $ 8.90 Commercial 12.15 12.54 12.15 12.15 12.54 12.15 12.15 Multi-Family 12.15 12.54 12.15 12.15 12.54 12.15 12.15 Volumetric Rates Der 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 Irriaation 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 oer Th.Gallons 1,001 to 2,000 Gallons $ 1.45 $ 1.50 $ 1.57 $ 1.53 $ 1.65 Over 2,000 Gallons(Note 1) 1.45 1.50 1.57 1.53 1.65 Note-Residential volume for wastewater is capped at 14,500 gallons. SECTION I-EXECUTIVE SUMMARY PAGE 7 McLain Decision Support 411111.-P. Systems Mc LAIN R„hrn J1el_:in,Principal•N1cL.un Ors., '1•rn1, 201 ll'.',mi.,' •410i•Lc+.n.1k.TX TlcNN; Or_141ir r Iril Ott, •0,7 1!t2 i19T F:,.•,21.}1'NO irn_'ii 1.1 T,,hancF 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 S 8.03 Difference-% 3.25% 3.25% Average Monthly Water&Sewer Bill:Alternative 1 -(5.50%): $ 58.10 $ 260.75 Difference-S $ 3.03 $ 13.59 Difference-% 5.50% 5.50% Average Monthly Water&Sewer Bill:Alternative 2-(3.25%): $ 55.33 $ 255.93 Difference-$ $ 0.26 $ 8.77 Difference-% 0.47% 3.55% Average Monthly Water&Sewer Bill:Alternative 2-(5.50%): $ 56.49 $ 264.10 Difference-$ $ 1.42 $ 16.95 Difference-% 2.59% 6.86% Average Monthly Water&Sewer Bill:Alternative 3-(3.25%): $ 56.22 $ 262.07 Difference-$ $ 1.15 $ 14.91 Difference-% 2.08% 6.03% Average Monthly Water&Sewer Bill:Alternative 3-(5.50%): $ 56.80 $ 266.33 Difference-$ $ 1.73 $ 19.17 Difference-% 3.14% 7.76% SECTION I-EXECUTIVE SUMMARY PAGE 8 McLain Decision Support Systems Mc LAIN Rohn‘IL inn.I'rux ipd•f,I,I.iin I tra in•n>ul•p..n',,te 01• 201\C!',n„Final lint.,a41ii•Irntartii.,T' 73 V:7 07 )416 6l6l Oh,n •072)('}3-i,07 1 is•l'14}`lnl-Fi i F I l 11 •I. MO ,u SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS 2.1.INTRODUCTION: A combined ten-year financial plan has been created for the water and wastewater fund using a "bottom-up" approach. Highlights of the City's water and wastewater cost of service over the planning period is presented in this section. Salaries have been supported by staffing tables. Operating and maintenance costs have been calculated in considerable detail. 2.2 KEY COST OF SERVICE ASSUMPTIONS: Water and wastewater costs were projected for the period FY 2007 through FY 2016, based on the proposed FY 2006 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. These financial projections were based on the following essential assumptions: • Growth; • Inflation; • Additional staffing; • Funding of capital program • 2.2.1. Growth assumptions. There is no assumption more critical than the growth assumptions that drive the financial plan. A substantial negative change in this growth forecast will have an adverse financial result, possibly requiring additional rate increases beyond what is shown in this report. Table 2.1 shows 9,073 water meters will be added over the planning period, which will increase water revenues substantially. Furthermore, Table 2.2 shows 10,431 wastewater accounts will be added over the planning period. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 9 McLain Decision Support Systems McL_AIN Et„I4 n AirL.nn_I'riu d•NkLau I nc:a„ii Sapp.rt�rarn+ ?01 1C+ti.ynh+zr Pl:wc.,^4ICS.LLs n.-Ik.TX 77C {4i_1416-T INI CAn«•j072)r,ar2.31,17I is• [41,0 tr,)R1. •1.,I ron,1lisid u m Table 2.1 Key Findings Growth- Water Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 10,246 N/A 11,043 N/A 1,357,777 N/A 2006 488 10,734 4.8% 10,418 -6% 1,341,982 -1.2% 2007 907 11,641 8.4% 10,302 -1% 1,439,042 7.2% 2008 907 12,548 7.8% 10,201 -1% 1,536,100 6.7% 2009 907 13,455 7.2% 10,115 -1% 1,633,160 6.3% 2010 907 14,362 6.7% 10,039 -1% 1,730,220 5.9% 2011 907 15,269 6.3% 9,973 -1% 1,827,279 5.6% 2012 907 16,176 5.9% 9,914 -1% 1,924,339 5.3% 2013 907 17,083 5.6% 9,861 -1% 2,021,398 5.0% 2014 907 17,990 5.3% 9,813 0% 2,118,457 4.8% 2015 907 18,897 5.0% 9,770 0% 2,215,517 4.6% 2016 907 19,804 4.8% 9,731 0% 2,312,577 4.4% Table 2.2 Key Findings Growth- Water Billed for Wastewater Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 9,653 N/A 9,955 N/A 1,153,144 N/A 2006 559 10,212 5.8% 9,396 -5.6% 1,151,364 -0.2% 2007 1,041 11,253 10.2% 9,298 -1% 1,255,498 9.0% 2008 1,044 12,297 9.3% 9,216 -1% 1,359,906 8.3% 2009 1,044 13,341 8.5% 9,147 -1% 1,464,306 7.7% 2010 1,043 14,384 7.8% 9,088 -1% 1,568,614 7.1% 2011 1,043 15,427 7.3% 9,037 -1% 1,672,923 6.6% 2012 1,043 16,470 6.8% 8,992 0% 1,777,231 6.2% 2013 1,043 17,513 6.3% 8,953 0% 1,881,548 5.9% 2014 1,044 18,557 6.0% 8,918 0% 1,985,948 5.5% 2015 1,043 19,600 5.6% 8,887 0% 2,090,248 5.3% 2016 1,042 20,642 5.3% 8,859 0% 2,194,456 5.0% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 10 McLain Decision Support Systems McLAIN Rnb.rr SI.I_:in.I'mrui.J•Nit I lio m. m4ki•,.a.,,,111, 7\7�C+u� 0721 416.0 t.l CNliaa••t`+g 21 he2-ii9;Fn•(_14)n9i.thi2 Alobd,•lt,t.iLm.l:umld...,,nr • 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 S 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 11 McLain A Decision Support Systems Mc LAIN R<In,,%I,I_rlin,Prm<il^.11•NIcI sin Pt,. 11' II,rt Scacm _01 V. Sinh,,n.r 13,,.+410'•Inn s ilk,T\7K47 1'7=1416 f,IS1 C7lli:..•10721(,i i157 F..•1:141 v9?.Ii1 VI.S,I •1,,Iianr,lai .I .,,n • 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 k McLain A~' ' Decision Support kr. Systems Mc LAIN Rolm,11i 1 rnn.1'ruxir.II•Ail l..rin 14<iawi>upl�.err S�.rcn;. 201\1`.>.nahwc.t 1`1,, a4105•I tm-n,tIlt T\7S.?, 0'21416,•IRI Oft,••0,21 b`J2-i0?7 E tx•(:lit,0 1(62!.Ld,dr•IN 1 111.11un 11,,,uu Table 2.7 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Wastewater Treatment Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 561,826 $1,269,995 $1,831,821 146,000 73,000 $1,221,214 $ 610,607 2006 1,039,580 1,266,995 2,306,575 210,797 73,000 1,713,265 593,310 2007 1,484,347 2,227,259 3,711,605 207,172 76,625 2,709,472 1,002,133 2008 1,896,834 2,225,745 4,122,579 1,055,703 76,625 3,843,602 278,977 2009 1,951,857 2,219,745 4,171,602 1,055,703 76,625 3,889,307 282,295 2010 2,008,993 2,216,495 4,225,488 1,055,703 76,625 3,939,547 285,941 2011 2,068,334 2,215,745 4,284,079 1,055,703 76,625 3,994,173 289,906 2012 2,129,977 2,214,070 4,344,047 1,055,703 76,625 4,050,082 293,964 2013 2,194,020 2,225,740 4,419,760 1,055,703 76,625 4,120,672 299,088 2014 2,260,570 2,228,415 4,488,985 1,055,703 76,625 4,185,213 303,772 2015 2,329,736 2,242,205 4,571,941 1,055,703 76,625 4,262,555 309,386 2016 2,401,635 2,247,145 4,648,780 1,055,703 76,625 4,334,194 314,586 Table 2.8 Key Findings Recap of NTMWD Wastewater Treatment Costs Muddy Muddy Wylie Creek Creek WWTP Interceptor WWTP Fiscal Costs Costs Costs Total Year Table 2.5 Table 2.6 Table 2.7 Costs 2005 $ 726,957 $ 175,575 $ 1,221,214 $ 1,774,798 2006 450,974 189,992 1,713,265 2,354,231 2007 283,938 177,493 2,709,472 3,170,903 2008 261,375 178,198 3,843,602 4,283,176 2009 270,913 182,409 3,889,307 4,342,629 2010 280,851 182,650 3,939,547 4,403,047 2011 291,209 182,749 3,994,173 4,468,132 2012 302,008 186,358 4,050,082 4,538,448 2013 313,267 186,000 4,120,672 4,619,939 2014 325,009 189,154 4,185,213 4,699,376 2015 337,257 188,343 4,262,555 4,788,156 2016 350,036 192,132 4,334,194 4,876,363 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 13 McLain ' Decision Support CO" Systems Mc LAIN It+1un N1,1 tin.Prom ul.11•\t.I.un Ih.c i.irm',upl.mr _i I\V.S,mhwca fl v,..>JIC�•Lo.n..,ll,.TX i�2r;7 1472)4)(01,1 i171r.,•( 7.n r;<).Sl`>7 Gn•(_'U) g652Al,A I •Ld-0nrclrm.1.1,a,nr • 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 $1,845,420 2006 6.00% 271,290 592,280 318,720 241,010 423,500 1,846,800 2007 6.00% 317,250 627,817 266,187 255,471 379,774 1,846,498 2008 6.00% 336,284 665,486 282,158 270,799 402,561 1,957,288 2009 6.00% 356,462 829,900 299,088 337,702 426,716 2,249,868 2010 6.00% 377,851 879,694 317,034 357,964 452,318 2,384,861 2011 6.00% 400,523 932,476 336,057 379,442 479,459 2,527,955 2012 6.00% 424,555 988,424 356,219 402,209 508,227 2,679,634 2013 6.00% 450,028 1,047,730 377,592 426,341 538,720 2,840,411 2014 6.00% 477,031 1,110,593 400,248 451,922 571,043 3,010,837 2015 6.00% 505,651 1,177,229 424,265 479,037 605,306 3,191,488 2016 6.00% 535,991 1,247,863 449,721 507,779 641,625 3,382,978 2 Per City staff. SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 14 McLain Decision Support Systems McL_AIN Roten\1,1.uin l'rsn ip.d•1,1:1 i1111A ne,n'Gq,l.,rt F1,1.nr: 201\\ 14,111)t,.>t 1`4,,t.,44114.Lot.i t 1k.1\7'v,; 1011214 it,.6l,',1 C411.,;•(0 t1 f;0'.11,/1 f'.1\•1:141 1h52 1,10141.•1 ,l-iLm.1:1u1,1,1, 11$ • 2.2.5. Inflation drivers. Salaries were increased annually using expenditure drivers of 6%, based on the FY 2006 budget. Most other operating and maintenance costs were driven by an annual inflation factor of 3%. Medical insurance was increased 7% per year. Tables 2.11 and 2.12 illustrate the impact of these inflation drivers on the operating and maintenance costs over the planning period. Table 2.11 Key Findings Total Departmental Operating and Maintenance Costs Including Departmental Capital Excluding NTMWD Costs Utility Water Sewer Utility Combined Fiscal Admin. Utilities Eng. Utilities Billing Services Year (711) (712) (713) (714) (715) (719) Total 2005 $ 365,835 $ 996,506 $ 390,626 $ 425,020 $ 542,457 $ 116,578 $2,837,022 2006 340,580 1,049,880 419,670 492,010 2,441,460 110,960 4,854,560 2007 421,800 1,078,180 433,130 600,360 974,620 115,960 3,624,050 2008 374,706 1,127,928 386,136 625,238 777,241 123,335 3,414,583 2009 395,858 1,301,859 406,588 701,406 812,863 131,039 3,749,615 2010 418,243 1,364,239 428,194 731,764 850,303 139,086 3,931,829 2011 441,936 1,429,953 451,019 763,636 889,663 147,491 4,123,698 2012 467,012 1,499,182 475,134 797,105 931,045 156,267 4,325,745 2013 493,556 1,572,128 500,615 832,260 974,561 165,429 4,538,549 2014 521,654 1,649,004 527,544 869,192 1,020,328 174,994 4,762,716 2015 551,394 1,730,022 556,007 907,993 1,068,474 184,977 4,998,866 2016 582,881 1,815,431 586,085 948,771 1,119,123 195,394 5,247,686 Table 2.12 Key Findings Recap of Operating&Maintenance Costs Departmental Water Wastewater O&M Purchases Treatment Fiscal From From From Year Table 2.11 Table 2.4 Table 2.8 Total 2005 $ 2,837,022 $1,252,736 $1,774,798 $5,864,556 2006 4,854,560 1,380,000 2,354,231 8,588,791 2007 3,624,050 1,518,000 3,170,903 8,312,953 2008 3,414,583 1,736,273 4,283,176 9,434,032 2009 3,749,615 1,954,029 4,342,629 10,046,272 2010 3,931,829 2,202,563 4,403,047 10,537,440 2011 4,123,698 2,485,076 4,468,132 11,076,906 2012 4,325,745 2,784,672 4,538,448 11,648,865 2013 4,538,549 3,101,350 4,619,939 12,259,838 2014 4,762,716 3,435,110 4,699,376 12,897,201 2015 4,998,866 3,785,952 4,788,156 13,572,974 2016 5,247,686 3,958,913 4,876,363 14,082,962 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 15 McLain ' Decision Support Systems Mc LAIN R'hcn�1.him.i'rnx i�al•Nip I no I S ni,m tiupp„rr F'.r nn '0!\C'.>...mh•.+c>i Pho,.,'I1P5•Ln„noJlc.T\7k')'; )v72).0r,61s1 tkr, •(,);2+(02.SW71l n•i214)0)) toy?Rl,I,I •1,'b9)mc14r11,I,I, .,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 McLain A� A Decision Support Clir Systems McLAIN Itnlrrt NI.I.au,Prnuip.J•LI:Lun I r&ia,'n pup;'.!'u o'!r. 22]u`.ti,.mhH ,r Pl:o.,•410i.L. i. i1 .TX 7iC4,� l"7-141n.nidl on,,,•072!h,12-iw f..d•1.141.uQ-lni2 1.1,7,1,•Itdadmrl,mdd...,m 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 Clir Systems Mc LAIN RNI'ca\tci.cc ,I°nrrcgal•N1.Lun 14_cc.i„n>nl p,cc'caam 201 V, tiumh„r.r CI,.,AA10i•1,..,clk,T\7NNK' (v;]I.116-blftl sNh..•(,)72)(y2.i1')7 f.u,•,:14)')l.106'V1.d,i1,•I..,1,61nluu.1,3,.,an 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 N. McLain A Decision Support Systems Mc LA I N R Inrt NIrl..nn.Pru7oiC.J•AhI in I inai,=n nq 1 ,,r _'�I'i' S,nnh,ra Pb r R4105•I-nn,nilk.n 74,'n 4`7'1 416 61'0 OM,. •0721 i OY2.5 P)7 I •(d 14>io?.1n4'NI I I-•1„1.m,l,m,11,,,m 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 - 2007 - - 692,434 - 98,791 443,275 151,454 693,520 2008 - - 100,332 442,025 151,454 693,810 2009 - - 101,610 366,600 151,454 619,663 2010 - - 100,472 367,000 151,454 618,926 2011 - - 101,342 214,200 151,454 466,995 2012 - - 101,936 213,038 151,454 466,427 2013 - - 102,297 215,900 151,454 469,651 2014 - - 104,589 217,900 151,454 473,942 2015 - - 104,310 224,400 151,454 480,163 2016 - - 105,900 - 75,727 181,627 Table 2.19 Key Findings Non-Revenue Debt-Existing Water Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 0.00% 90.02% 50.00% 50.00% 50.00% Total 2005 $ - $ 207,143 $ 48,888 $ - $ - $ 256,031 2006 - 205,819 49,632 - - 255,450 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 19 McLain A Decision Support Systems Mc LAIN i I rr1)1d„nn.Pnn:grail•)l.Lun 14s Winn Snpltrcr Sr atm, 201\X'.5„ 11,,,r Pk+,.,,-11:-5•I,,i,di,T\7stN,7 0u72.1.06-61,1 011K,•0721642-iz47 F.ra•(.14).01 A(62 N1,1,11,•1 ,F161.1 ndd,_,.,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 A Decision Support 411111 Systems Mc LAIN Rahn 6kl.nm.Pr).11,I•N1.1_artr 1,,:I,h n Sup).xr Si,rrm, 201 W s,hw-c,,11,o,.,.-4105•Cr„-i..i1k.T1 7;06 (97_)416.6iri1 01ic •(072)nqj.i )7 1-,•(2 14)SQ) ),(52 hh,bdc•ivi-)Sunluunld,, 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 Nodes NTMWD Ballard Fiscal Meter Ease- Pump Pump Pump Elevated Water Year Reading ments Station Station Station Tank Lines Total 2008 $ - $ 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 Roll.M d tin Rnnrtp d•N1,1 tin I,c,i,,,,,uPP..rt`,,tns 201\'t 'itihacy Ph, ^410:•Loon i,tilt,T\75J67 i , iCo.,“ 'a n_ ? " ,_14'.;3 a , NI,I,i ,.,7mteru1:1»,,,rt 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 MCLAIN RnI'r,Ald.:on.Print ir.rl•%M_au.INt1,1„n',11,rt°.<Ten- 2l'1 W.ti„whin,,r Pk.... •410,•Lt..'.,illy,TX 75Y,7 (Pia 4i6 nisi(Ntu,•0725 69:.1197 I n •f-U)NUi-i( ht„I,d.=•1t,1,01 111103,c,an Table 2.25 Key Findings Planned Annual New Debt Service-Water Portion Eligible for Impact Fees 2007 2009 Watery $ 6,500,000 $ 6,980,000 %-> 60.9% 34.4% %-> 50.0% 50.0% Year $ 1,980,756 $ 1,199,433 Total 2005 $ - $ - $ - 2006 - - - 2007 118,845 - 118,845 2008 217,883 - 217,883 2009 211,941 71,966 283,907 2010 205,999 131,938 337,936 2011 200,056 128,339 328,396 2012 213,922 124,741 338,663 2013 206,791 121,143 327,934 2014 199,660 129,539 329,199 2015 192,530 125,221 317,750 2016 185,399 120,903 306,302 Table 2.26 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Muddy Wylie Creek WWTP Muddy Muddy WWTP Fiscal Series Creek Creek Expansion Year 1988 Interceptor WWTP $12,250,000 Total 2005 $ 196,325 $ - $ - $ - $ 196,325 2006 198,847 162,401 772,867 - 1,134,115 2007 - 162,180 770,274 588,353 1,520,808 2008 - 161,810 769,969 587,735 1,519,515 2009 - 164,342 765,699 588,345 1,518,386 2010 - 163,528 763,717 588,345 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� A Derision Support CSystems r Mc LAIN Rolm N1.1 nn.Pnnr,r.nl•Nd.nn l',cne'n Sur(-.vt S,,,,7n. 'PI\V ti,min,n c,t Pt a,,,•4I7'•Le„i,vint TX 7 Kil; t."121416.6I5l Ottic,.• 6a2.i3a7 F.,c•(214)ti„?.i6i1 Vt„bnlo•I ,I•strnaamdd,.,,n, Table 2.27 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Portion Eligible for Impact Fees %-> 95.0% 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% 50.0% Wylie Muddy WWTP Muddy Muddy Creek Fiscal Series Creek Creek WWTP Year 1988 Interceptor WWTP Expansion Total 2005 $ 93,254 $ - $ - $ - $ 93,254 2006 94,452 77,141 367,112 - 538,705 2007 - 77,035 365,880 279,468 722,384 2008 - 76,860 365,735 279,174 721,769 2009 - 78,062 363,707 279,464 721,233 2010 - 77,675 362,766 279,464 719,904 2011 - 77,217 362,838 279,174 719,229 2012 - 78,137 361,483 280,043 719,663 2013 - 77,466 364,358 280,550 722,375 2014 - 78,175 366,437 279,247 723,858 2015 - 77,293 369,128 280,550 726,972 2016 78,220 371,139 279,971 729,330 Table 2.28 Key Findings Recap of Use of Impact Fees- Water Water Portion For For Existing For Existing Non- Planned Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.15 Table 2.20 Table 2.25 Total 2005 $ 29,997 $ 12,222 $ - $ 42,219 2006 30,037 12,408 - 42,445 2007 29,418 12,349 118,845 160,612 2008 29,957 12,541 217,883 260,381 2009 29,922 12,701 283,907 326,530 2010 29,830 12,559 337,936 380,325 2011 29,787 12,668 328,396 370,850 2012 30,291 12,742 338,663 381,696 2013 30,193 12,787 327,934 370,914 2014 30,585 13,074 329,199 372,858 2015 30,341 13,039 317,750 361,130 2016 30,807 13,238 306,302 350,346 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 24 McLain ' Decision Support Systems Mc LAIN ItVIV'fl N1e1 am,Pruxq.,l•McLain Icna„n SllI i•ai 'S4C111, 271\1�.ti„whwca i'kwc.,n4105•I 1 11k.TS 7504.7 11721.06 Oili“• 7 21 012-5 197 E.Is•(214)',al tr,52 N1o11.•It,1-stnnl,ueld..r„m Table 2.29 Key Findings Recap of Use of Impact Fees-Wastewater For For For Existing NTMWD Existing Non- Contract Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.17 Table 2.22 Table 2.27 Total 2005 $ 99,446 $ 23,222 $ 93,254 $ 215,922 2006 99,909 23,575 538,705 662,189 2007 99,031 23,463 722,384 844,877 2008 100,378 23,829 721,769 845,976 2009 100,422 24,132 721,233 845,788 2010 100,488 23,862 719,904 844,254 2011 100,563 24,069 719,229 843,860 2012 101,742 24,210 719,663 845,615 2013 101,585 24,296 722,375 848,255 2014 102,385 24,840 723,858 851,083 2015 101,753 24,774 726,972 853,498 2016 103,924 25,151 729,330 858,406 Table 2.30 Key Findings Recap of Debt Service Non- Revenue Revenue Debt Service Debt Fiscal Existing Planned Existing Year Table 2.13 Table 2.24 Table 2.18 Total 2005 $ 336,429 $ - $ 723,035 $1,059,465 2006 337,495 - 692,434 1,029,929 2007 333,092 390,000 693,520 1,416,612 2008 338,245 715,000 693,810 1,747,055 2009 338,097 1,114,300 619,663 2,072,060 2010 338,010 1,443,800 618,926 2,400,736 2011 337,892 1,403,360 466,995 2,208,247 2012 342,549 1,427,920 466,427 2,236,896 2013 341,731 1,383,580 469,651 2,194,961 2014 345,123 1,409,040 473,942 2,228,105 2015 342,688 1,360,512 480,163 2,183,363 2016 349,330 1,311,984 181,627 1,842,941 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 25 McLain ' Decision Support Systems Mc LAIN 1Lhen`I.I:on.Pnnc ifat•NI(I MS I'n iti n S,if' 1t 201\t+.tinnhwc,t Pk,.,,'410i•14,.ncdin.lX 7:Cr," 0972 4\c..i,151 CEitnn•(u7')b9'-i147 E.,..•12141511 k,"J 61"bdr•Ld-]d,ua:vn,lS..c, • 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 + 58,777 (280,381) - 2,941,090 2009 2,941,090 + 1,252,119 + 88,233 (328,530) - 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 McLain -w\ Decision A Support Iii....- Systems McLAIN Itulrn NIdain.Pnnc q-.I•\I.1.:un 14:ri m pup{an w:r..m ,iI A`ti,,,,ih„c.i rh,,,.,w4105•l,„I.,11, T\73,V,7 1u72i 41G.ti1,1 tlllar•1077(42.51g7 P.,x•(:14)ti,01 ipi'hI'1 I •1,,h,t,,,d un,i,i, ,nn • 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% S - S - 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 CP- Systems Mc LAIN R„Mn NI11 iin.Prin.it iI•AkLun I M,,1.1, S,qq,.rt Si.I ni 201\\ ',A IN...,Pt..r. ^il:;• TX' Ci 7 (U7`1 ait.61,1 •0721,ra>2.i?o7 t.,,•(2141 si •I..LN,m.FaioJJ.c„m 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 McLAIN Rob,rt\t&lam,Pnnri1.d•Akl.,Ito 1,,,nu.n`,ipls,r+Fr.n•m, 201\C'.S,nnhucr 1`kwc.,•4I0i•i_cs 1..+114 TX i c1,6 09721 416-61'0%All,.•10 7.n 602 i,97 i 4,•k214) hlobJr•1,1,04.1,i4,6i..a 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 A Decision Support Systems Mc LAIN Rnlrrt A1,1am.Prin.(II•NI.Lam 1,,,ton tiupr.,n S,:nm; 201\\ S,nrthac>r I'L..r..•-110i•Lcr.i..Int TX 7iN, 0)721 43(i-61,1 0111,.•(07 v 6q2-i197 f.,•{21;1,0'1652 b1o1,11,•is,1.$1:1 1n,1.I._,mt 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 IL McLain A Decision Support Systems Mc LAIN I I+,-n A1:I_nn.f'nrn i(.rl•hia_urr hrcni„n>is p rt S..tcns 201 W.>.vnh,, r Pkw,r,.•410i•Lnnt i,s illo,TX 712s,7 g721411.6t81 t Nri..•(07_'1 ro .i1g7 Fa.•G141.tiy I.16i Mobs.•I',1.10i.1. mid.x,nu Table 2.38 Key Findings Recap of Revenue Offsets Drawdown Drawdown of of Non-Rate Non-Rate Water Wastewater Operating Non-Operating Impact Impact Fiscal Revenues Revenues Fees Fees Year Table 2.36 Table 2.37 Table 2.28 Table 2.29 Totals 2005 $ 193,759 $ 800,919 $ 42,219 $ 215,922 $ 1,252,819 2006 251,700 138,000 42,445 662,189 1,094,334 2007 215,000 224,860 160,612 844,877 1,445,349 2008 272,817 224,860 260,381 845,976 1,604,034 2009 275,933 218,560 326,530 845,788 1,666,811 2010 279,050 212,460 380,325 844,254 1,716,089 2011 282,166 208,260 370,850 843,860 1,705,136 2012 285,283 210,960 381,696 845,615 1,723,554 2013 288,399 213,860 370,914 848,255 1,721,428 2014 291,516 216,960 372,858 851,083 1,732,416 2015 294,632 219,160 361,130 853,498 1,728,420 2016 297,749 220,660 350,346 858,406 1,727,160 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 31 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 09-12-06 Item Number: 9 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 08-30-06 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation to expend $175,224 to purchase ±0.491 acre from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. Recommendation Authorize the Wylie Economic Development Corporation to expend $175,224 to purchase ±0.491 acre from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. Discussion The Wylie Economic Development Corporation (WEDC) entered into a Real Estate Sales Contract with the Perry family on July 17, 2006. The Real Estate Sales Contract has been attached for your review. The property under contract is described as Block A, Lot 6 of Wylie Industrial Park; more commonly known as 707 Cooper Drive. The purchase price is $200,000. The WEDC has deposited $25,000 with Commonwealth Land Title as earnest money. Closing costs for the WEDC are$224. Located on the site is a 4,800 square foot building which previously housed Quality Meter. Quality Meter ceased operations approximately 3 years ago. The building is in a general state of disrepair. While not ruled out as a possibility, the WEDC Board of Directors does not intend to rehabilitate the building for lease space due to costs associated with bringing the building up to code. For the past two years, the WEDC has undertaken an informal policy of pursuing properties on Cooper Drive as they become available at a somewhat reasonable price. The WEDC has focused on properties closer to the expanded section of Cooper which has Baylor to the North and Shafer Plaza to the south. The focus on properties closer to Baylor/Shafer is based upon the ability to redevelop that section of Cooper independent of the balance of Cooper. The ideal redevelopment scenario will be for the entire area to redevelop simultaneously, but costs associated with acquiring the entire area in the near future are prohibitive. Following approval from the Wylie City Council and closing on the Perry tract,the WEDC will control 1.5 acres(three tracts)on Cooper. Approved By Initial Date Department Director SS 08/30/06 1 City Manager flba0 Page 1 of 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN THIS REAL ESTATE SALES CONTRACT (this"Contract") is made by and between, Roy N. Perry, Dorris J. Perry, and Randall A. Perry, 6008 Wrigley Way, Fort Worth, Texas ("Seller"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended, ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I. 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed(the "Deed"), and Purchaser hereby purchases and agrees to pay for, that certain real estate, and any improvements located thereon, being approximately 0.491 acres of property, more or less, known as Block A, Lot 6 of Wylie Industrial Park, located in the City of Wylie, Collin County, Texas, as generally depicted in the attached Exhibit A (the"Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular, the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, roads, alleys or rights-of-way, and including any right, title and interest of Seller in all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property, (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth. REAL ESTATE SALES CONTRACT-Page 1 of 15 ARTICLE II. PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price (herein called the"Purchase Price") for said Property shall be the sum of TWO HUNDRED THOUSAND AND NO/100THs DOLLARS ($200,000.00). Payment of Purchase Price 2.02. Purchase agrees to pay all cash at closing. ARTICLE III. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions(any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within twenty-five (25) days after the execution date of this Contract, Seller, at Seller's sole cost and expense, shall have caused Commonwealth Land Title (Baron Cook), 108 B, W. Marble, Wylie, Texas 75098 (the "Title Company") to issue a preliminary title commitment (the "Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements, rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. Survey 3.03. Within twenty-five (25) days after the execution of this Contract, Seller shall, at Seller's sole cost and expense, cause to be delivered to Purchaser a current plat of survey REAL ESTATE SALES CONTRACT-Page 2 of 15 ("Survey")of the Property, prepared by a licensed Texas surveyor acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception at the Seller's expense (except as to "shortages in area") from the Owner's Title Policy to be issued by the Title Company, and shall be certified to the Purchaser and the title company. The Survey shall comply with the requirements of the Texas Surveyor's Association for a Category lA Condition II Survey and shall contain a certificate and such other information as Purchaser may reasonably request. The Survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads,rivers, creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total number of acres and square feet comprising the Property. Review Period 3.04. Purchaser shall have ten(10) days (the "Review Period") after Purchaser's receipt of the later of the Survey, Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them(the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller shall use reasonable commercial efforts to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser, but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances, the lien for current taxes, restrictive covenants affecting the Property and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions (the "Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title, the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections REAL ESTATE SALES CONTRACT-Page 3 of 15 contained in the Objection Notice within fifteen(15) days after receipt of same, Purchaser may, by written notice delivered within five (5) days thereafter,terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Feasibility Period 3.05. Purchaser shall have a period of sixty (60) calendar days commencing on the effective date of this Contract within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the "Feasibility Period"). In connection therewith, Seller agrees that within ten(10) days of the Effective Date hereof, Seller shall provide Purchaser, to the extent they exist and are in Seller's possession, with all engineering reports and environmental reports pertaining to any part or all of the Property. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate and all earnest money heretofore delivered by Purchaser to Title Company, save and except the sum of$1,000.00 which shall be considered non-refundable option money, shall be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect and all Earnest Money delivered to the title company shall become non-refundable. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary; provided that Purchaser gives Seller at least 48 hours notice in writing, Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of REAL ESTATE SALES CONTRACT-Page 4 of 15 the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's occupation. ARTICLE IV. CLOSING 4.01. The Closing shall be at the law offices of the Title Company, thirty(30) days following the expiration of the Feasibility Period (which date is herein referred to as the "Closing Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) General real estate taxes for the year of closing and subsequent years not yet due and payable; (2) Any exceptions approved or waived by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in writing by Purchaser or waived by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion, except as to shortages in area. REAL ESTATE SALES CONTRACT-Page 5 of 15 (c) Deliver to Purchaser possession of the Property. 4.03. At the Closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. All state, county,and municipal taxes for the then current year relating to the Property, if any, shall be prorated as of the Closing Date. Purchaser shall be responsible for any"rollback taxes" that maybe assessed to the Property. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person(s) or entity to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition,the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 4.04. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract, or if the Contract is silent, as is usual and customary for real estate transactions in Collin County, Texas. REAL ESTATE SALES CONTRACT-Page 6 of 15 ARTICLE V. REAL ESTATE COMMISSIONS 5.01 It is expressly understood and agreed that Purchaser is not represented by a real estate agent and that any real estate commissions incurred by the consummation of the Contract shall be the sole responsibility of the Seller. ARTICLE VI. ESCROW DEPOSIT 6.01. Upon the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser shall deliver to the Title Company, funds in the amount of$25,000.00 as the Escrow Deposit which shall apply toward the Purchase Price at closing. Notwithstanding anything to the contrary herein, $1,000.00 of the Escrow Deposit shall be non-refundable and shall constitute independent consideration for Seller's performance under this Contract. ARTICLE VII. CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing, the improvement or improvements on the Property shall be materially damaged or destroyed by fire or other casualty, Purchaser may either terminate this Contract by written notice to Seller or close. If Purchaser elects to close, despite said damage or destruction, there shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser Seller's right, title and interest in and to all insurance proceeds, if any, resulting or to result from said damage or destruction. REAL ESTATE SALES CONTRACT- Page 7 of 15 ARTICLE VIII. REPRESENTATIONS 8.01. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing, as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation) pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) To Sellers actual knowledge, there are no existing or pending litigation, claims, condemnations, or sales in lieu thereof, contracts of sale,options to purchase or rights of first refusal with respect to any aspect of the Property, nor have any such actions, suits,proceedings, claims or other such other matters been threatened or asserted. (e) Seller has no actual knowledge of any violation of any ordinance, regulation, law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. (f) Seller shall not transfer, convey, mortgage, encumber, lease or otherwise assign or dispose of the Property, nor any interest therein, without the express written consent of the Purchaser, nor shall Seller cause, create or allow any lien, claim or encumbrance, of any kind or character, voluntarily or involuntarily, to be placed upon the Property, or any interest therein. (g) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract,the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any REAL ESTATE SALES CONTRACT-Page 8 of 15 court having jurisdiction over Seller or the Property. (h) Seller is not a"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (i) To the best of Seller's actual knowledge, the Property is free from and/or has not been used for (i) the storage,holding, existence, manufacture, release, treatment, abatement, removal, disposition, handling, transportation, or disposal of any Hazardous Materials, from, under, into or on the Property or (ii) the existence of any"Endangered Species" on the Property. "Hazardous Materials" shall mean (i) any"hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ("CERLA"), as amended from time to time, and the regulations promulgated thereunder; (iii) any petroleum-based products; (iv) any substance which by any Governmental Requirements requires special handling or notification of any federal, state or local governmental entity in its collection, storage, treatment, or disposal; and(iv) any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species" shall mean any species which is described pursuant to the U.S. Endangered Species Act of 1973, as being in danger of extinction throughout all or a significant portion of its range. ARTICLE IX. BREACH BY SELLER 9.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance, as its sole and exclusive remedies. ARTICLE X. BREACH BY PURCHASER 10.01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and REAL ESTATE SALES CONTRACT-Page 9 of 15 Purchaser being in default and Seller not being in default hereunder, Seller may receive the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE XI. 1031 EXCHANGE 11.01. The parties agree to cooperate with each other to allow the Seller, at no expense to the Purchaser, to complete a 1031 tax free exchange with the closing of this transaction. ARTICLE XII. MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing for a period of Twelve (12) months and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. REAL ESTATE SALES CONTRACT-Page 10 of 15 Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. Legal Construction (f) In case any one or more of the provisions contained in this Contract 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 hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. REAL ESTATE SALES CONTRACT-Page 11 of 15 Attorney's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (k) Upon the request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (m) The term "effective date of this Contract" as used herein shall mean the later of the two (2)dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. REAL ESTATE SALES CONTRACT-Page 12 of 15 Counterparts/Facsimile (n) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] REAL ESTATE SALES CONTRACT- Page 13 of 15 Executed on the dates set forth at the signatures of the parties hereto. SELLER: BY: ,P a, PA-7 Randall A. Perry Date Executed: 7 (7-o 4. BY: / .A /� �--f7 Roy N.]'eel i Date Executed: ?—(?-o BY:/P /JLJ 9e, ..e/ULC,%r- Dorris J. Perry Date Executed: 7-I?-oG ( PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation By: �a...._ Samuel D.R. Satterwhite, Executive Director Date Executed: 7- 17-o TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. CC,,ZC4. -/7,vc... Liteeit TITLE COMPANY: '1/3.t10(4) COMMONWEALTH LAND TITLE °61/1 )Zejj> BY: QIA PRINTED NAME: Lc TITLE: E1, -eA_L,i ADDRESS:/of 6 ��tmYla -2k, bOc//t, t 17>e 74 v77 Tel ephonle97,,2 1462-3s1/ Fax 97a2- .-'4/G•;2— PREPARED IN THE LAW OFFICE OF: Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud, Suite 300 McKinney, Texas 75069 214.544.4000 214.544.4044(fax) ::ODMA\PCDOCS\ARBJ14 0 2 3 0 411 �f _ om. y{•/ n � sl .r � ` =i o l sii t ! u a -s 5i p: =i- = tJ'ft • 3i� _� ; £IU � ss s � �s �;Ii � ! 3s_ 33�i=,i�! 1rli13 a ! Iii 1 1 ;.i4 's1 4 ' r �!. is1 its : ] ! s tis S�J_ jri j _ j�-i I ;. •2"j1 .j #i1 j 21is 1slill . 1�1t 1141t f-i_ 111 = q �=t� �r1.3'I �;� ?� 3yj 's'� ' �? zip -��! _ !3i ��li �' �•�-stM11 n!= 1 '-�: ;' � +_•. !. �� i�. +._T3 >�- i=jsr1313, 1 _�e i s41 ! �_ � �1IflF � " sst= il•# 's' I= __�i � -`. se. � , s ii, if1Li si ���� � �.,�3Il111' H is 1111 ppt1p'ai j} .3i pp it ' p,' 1 i-. ishil 1Iii1III! ViS==rr 11 R �� I; !I !Ai ii i:3_= iht�t4 i:�! I 1 I r ii rsiII! i!l* li a li�_ is. , i i i 1 i I! eii! giudi kg! ,< II ; i 8� st. <° 3 e a �3 J i Ol \ z Si: :S • r ` r•2 1\ tss A \ 3 t \4\ 1. r t s I sl ill *S. . . li air \ \.\\\\.\ \ all i tete t \\ N \ I . 1 C ' 1• V \ \ 1 s! IRV \ 4Aip .1 - sj f i. -'�^+ != Riatc,r 7-Q j C illi 4 e • irEt:e lrt d i'see Gj Y r.r 1 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: September 12, 2006 Item Number: Work Session Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 3, 2006 Budgeted Amount: Exhibits: 3 Subject Discussion of amendments to Ordinance No. 2002-10 regarding Athletic Fees. Recommendation N/A Discussion At the joint meeting between the City Council and the Parks and Recreation Board held in January 2006, direction was given from the City Council to the Board to review the athletic light fee and athletic user fees. The following suggestions were given at the joint meeting for the Board to explore: Athletic Light fees: ➢ Propose a Light fee that recovers 50% of the actual cost for light usage. Athletic User fees: ➢ Propose a Resident user fee and a Non-resident user fee. ➢ Propose an adult user fee and child user fee. ➢ Propose a user fee based on the time of use i.e., use before and after 10:00 p.m. The Board used the following schedule to review the issues concerning the current fee structures: March 2006 Review Athletic Light fees (COMPLETED 3-27-06) April 2006 Review Athletic User fees (COMPLETED 4-24-06) May 2006 Invite each league representative to the Board Meeting to discuss and review proposed fee structure (COMPLETED 5-22-06) June 2006 Final review of both fees (COMPLETED 6-19-06) Page 1 of 3 Page 2 of 3 July 2006 Vote on final recommendations to be forwarded to City Council (COMPLETED 7-24-06) August 2006 Worksession between the Board and City Council on recommended fee changes and City Council vote to deny/approve/modify fee recommendations. Staff presented proposed revisions to the Athletic Light Fees to the Park Board at the March 2006 meeting. Included with this Agenda Report is a breakdown of the lighting costs for Founders Park and Community Park. An approximate cost for athletic field lighting from TXU, the City's electrical provider, is $25.56 per hour. The current Athletic Light Fee charged to individuals and groups is $8 per hour per field. At the joint meeting in January 2006, City Council advised the Park Board to propose a fee that would recover 50% of the actual electrical costs for use of athletic lights. Based on that direction, and with the TXU information provided above, the mid-point for cost recovery is $12.78. The Board is recommending to the City Council that the Athletic Light Fee be increased to a rate of$13.00 per hour per field. The Park Board reviewed the Athletic User fees at the April 24, May 22, and June 19 meetings. Due to the variety of ways other municipalities establish athletic user fees, there was much discussion between the Board, staff, and the Wylie Sports Leagues. The most common methods used by other cities are the adoption of a fee which charges each participant or charges an hourly fee for field usage. Other municipalities also handle resident and non-resident fee issues in various ways. Some cities allow only residents to use their fields while others have established various fees for each user group. Staff compared athletic fee structures and policies from numerous Texas cities and presented this information to the Park Board. Representatives of the various sports leagues in Wylie were invited to the May 22, 2006 Park Board meeting to provide input regarding proposed revisions to the athletic user fees and athletic light fees. The following league representatives participated at the May 22 Park Board: Wylie Youth Soccer Association, Wylie Baseball Association, Lake Cities Girls Fastpitch Softball Association, Wylie Youth Competitive Football Association, Wylie Adult Softball Association, Wylie Basketball Association, and the North Texas Adult Soccer Association. Wylie Volleyball Association declined the invitation to the meeting. In addition to the fee structures presented by staff, league representatives suggested consideration of per game/per season fee and a per team/per season fee. Upon conclusion of the above, the Park Board unanimously approved the following recommendation at the July 24, 2006 Park Board meeting: ➢ Set the Athletic Light fee at $13 per hour per field. ➢ Set the Athletic User fee at $5 per person per sports season for those 18 years of age and under. ➢ Set the Athletic User fee at and $10 per person per sports season for thosel9 years of age and older. The Board provided the following reasons for the new fees rates: ➢ New athletic light fee at $13 per hour per field: the Board viewed the $13 per field per hour rate as complying with the 50%recovery point that the City Council suggested at the January 2006 meeting. ➢ New athletic user fee at $5 per person per sports season for those 18 years of age and under and $10 per person per sports season for those 19 years of age and older: The Board looked at all of the options presented and that addressing the age separation of fees would be the best way to implement a new user fee at this time instead of a resident/non-resident fee or a time based fee. The Board did say that they would like to explore a resident/non-resident fee again in the future when new facilities are completed Page 3 of 3 and more staff is in place that can easily manage this fee structure. The proposed fees can be implemented at any time. However, due to the fact that the fall 2006 sports registration process is already underway, and given the current condition of the athletic fields due to the drought, consideration should be given to making the effective date of the proposed new fees either January 1, 2007, August 1, 2007, or staggering the implementation of the fees over the entire 2007 sports year. This would allow the leagues ample time to incorporate the new fee structures into their registration process. Approved By Initial Date Department Director MS 08/03/06 City Manager I'► q 'g /0'6 User Fee Comparisons Wylie $4 per player,per season (residents and non-residents) Mesquite $5 per player,per season-resident $15 per player,per season-non-resident Colleyville $5 per player,per season-resident $10 per player, per season-non-resident Denton $3 per player,per season-resident(for enhancement fund only) $5 per player,per season-non-resident(plus $3 enhancement fee) Allen Co-sponsored league-$4 per field per hour(2 hr. minimum) Resident co-sponsored league-$4 per field per hour(2 hr. minimum) Non-resident-$30 per hour per field(2 hr. minimum, $50 deposit) Woodlands They reserve fields to residents only. They charge $5 per field per hour. Garland They don't charge any fees for league usage; they have each league perform maintenance on their facilities per Facility Use Agreements. Facility Use Agreements for Garland, Allen, Colleyville, Mesquite, and Denton are included with the above information. ORDINANCE NO. b06 - D AN ORDINANCE AMENDING FEE ORDINANCE 2001-03,SECTION 42; CONTAINING A SEVERABLITIY CLAUSE AND PROVIDING AM) EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: The Code of Ordinances of the City of Wylie be amended as follows: SECTION 1 Section 42.01. Athletic Field Reservation Fee. A fee of$4.00 per person,per sport season,for individuals/organizations or groups will be charged for the use of reserved athletic fields. Section 42.02. Tournament Fee. A tournament is defined as a team competition involving the payment of an entry fee or additional fees in which to participate and is separate and distinct from league play. Pre or post season league play shall not be considered to be a tournament. League practices and/or games shall take priority over tournaments. A curfew of 12:00 midnight shall be imposed on all tournaments utilizing lights, Monday through Thursday, and 1:00 a.m. on Friday and Saturday. A curfew of 11:00 p.m. shall be imposed on Sundays. Requests for athletic fields for tournament use shall be made in writing. The C.O.W.P.A.R.D. requires twenty-one(21)day advance notice. The price per field reservation fees are as follows: 12 hours of use=$100.00 16 hours of use=$130.00 20 hours of use=$160.00 24 hours of use=$200.00 A security deposit of$50.00 per reserved field shall be paid at least seven(7)days in advance of the scheduled tournament. The deposit(s)shall be credited toward any monies due for said tournament,with any remaining monies due payable before scheduled tournament begins. All monies paid will not be refundable unless a field or fields are not playable due to weather conditions,wet field conditions, or for necessary maintenance. If a field or fields are not playable due to said conditions,a refund or credit will be given. The City of Wylie Parks and Recreation Department shall be the final authority as to athletic field use. Pre or post season league play shall not be considered to be a tournament. Section 42.03. Athletic field Light Fee. A fee of$8 per hour per field shall be charged for reservations in which lights are utilized. Reservation sessions vary through the course of a calendar year to coincide with sunset. The City of Wylie Parks and Recreation Department shall determine the reservation sessions. The following schedule approximates the availability of reservation sessions: February 5:00 p.m. - 12:00 a.m.* March 1-15 5:30 p.m. - 12:00 a.m.* March 16-31 6:00 p.m. - 12:00 a.m.* April 7:00 p.m. - 12:00 a.m.* May 7:30 p.m. - 12:00 a.m.* hme/July/August 8:00 p.m. - 12:00 a.m.* September 1-15 7:00 p.m. - 12:00 a.m.* September 16-30 6:30 p.m. - 12:00 a.m.* October 1-15 6:00 p.m. - 12:00 a.m.* October 16-31 5:30 p.m. - 12:00 a.m.* November 5:00 p.m. - 12:00 a.m.* Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 a.m. and the last usage ending at 12:00 midnight,Monday through Saturday. *Sunday field usage begins at 12:00 noon and ends at 11:00 p.m. Said fees will be billed in arrears except for one(1)time field usage,which shall be payable in advance. Section 42.04. Athletic Field Marking/Chalk Fee.OKOrittIVAiting 200 season only) All fees for athletic marking/chalk usage on any athletic field(s)(except baseball/softball tournament use)shall be split 50/50 between the City of Wylie Parks and Recreation Department and those reserving a field. 1416 asp : ill:A Baseball/Softball $4.00 per field per marking Soccer $5.00 per field per marking Football . Currently none,fees will be determined when needed Palk cost ��=a. � i 8S t►et ag All above fees already take into account the 50/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s). Any special markings above and beyond accepted standard markings shall be subject to an additional charge due to extra labor/chalk costs and shall need to be agreed upon between the City and those requesting special markings. Said fees will be billed in arrears except for one(1)time field usage,which shall be payable in advance. ! 2002 season all sports leagues sblall be respoble foxconcxnn�g or PLY _- The-City of Wyhcwill�lo ger contra t la]h�u�g eruYces �+'.,,�� _-.: tillea a_ r rtiom... ,.,r ..,.. .x,^. �� . "r�..,� _,guc W1thffii1e- + !p i� �W. r iesetres_ r tI r),r�+ D $°t -:", , , v , i r I'. '. ado p€ ctor l Y ,�- � ! _' ` ".'. leQr proving then ' — -' e�12(y02san. Section 42.05. Light Key Fee. Only persons authorized by the appropriate leagues or by the C.O.W.P.A.R.D. shall be issued keys for the athletic fields. Persons checking out light keys shall sign a written agreement providing name/address/phone number,organization name,date given key,return date of key, and signature. A deposit of$100 will accessed for each key. The$100 deposit will be deposited;checks will not be held. Keys shall be returned no later than 2 weeks following the end of scheduled play(unless otherwise indicated by the C.O.W.P.A.R.D.). If keys are not returned within the 2-week period or are lost the deposit monies will be forfeited to the City of Wylie. Section 42.06. Receipt of payment and Late payment regarding all usage fees. All fees, except those for tournament use, shall be due within twenty-one(21)days after the start of game play(athletic field reservation usage fee)or statement date(athletic field light usage fee, athletic field marking/chalk usage fee). If said fees are not paid within twenty-one(21)days, an additional charge often 10)percent of the original balance due shall also be levied. Note that If the original balance due plus the ten(10)percent additional charge is not paid with thirty(30) days,field use privileges are subject to being denied until all monies due are paid in full. The City of Wylie Parks and Recreation Department shall issue a receipt at the time usage fees are paid. This receipt shall contain the following: 1) individual's✓organization's/group's name 2) team sport/sport season 3) The day(s),time(s)and field(s)being reserved or 4) number of participants or 5) the date(s)and hour(s)of light usage or 6) the date(s)of marking(s)and chalk used 7) amount paid The City of Wylie Parks and Recreation Board will review all fees yearly. SECTION 2 Any person violating the provisions of the Fee Schedule, or any part hereof,commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9,therein,as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. SECTION 3 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 4 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 the virtue of such ordinance;not shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue, not 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 9th day of April,2002. By: l Jo Mondy,Ma or ATTEST: ,'i B ara Salina �"R'��, �I Survey on Ball Field Light Charges as of 2-8-2006 City/location Charge per hour Houston, Texas $8.00 1a F $L Lubbock,Texas $10.00 Cleburne,Texas $10.00 Jacksonville, Texas $12.50 „r' w 1 . .., $13.00 Irving,Texas $15.00 Pearland,Texas $17.00 Mansfield,Texas $18.00 Lukfin,Texas $20.00 Georgetown, Texas $20.00 Carrollton,Texas $20.00 Baytown,Texas $20.00 Dallas,Texas $24.00 Longview,Texas $25.00 Alvin, Texas $25.00 Grapevine, Texas $25.00 Conroe,Texas $25.00 Waco, Texas $30.00 Woodlands,Texas $30.00 These fees are based on input from TAAF members. TAAF is the Texas Amateur Athletic Federation. Community and Founders Park Athletic Field Untitled FY 2004-05 Community Park baseball* $ 5,458.00 Community Park soccer/football $ 7,854.00 Founders Park-softball and soccer** $40,594.00 Total $53,906.00 Light fees collected $16,782.00 Deficit $37,124.00 Quantity of hours billed (fees collected/$8 per hour)= 2109 hrs. Lighting cost per hour per field (Total cost$53,906/2109 hrs)= $25.56 *Takes into account that approx.29%above this cost goes to other electrical uses **Takes into account that approximately 5%above this cost goes to other electrical uses ORDINANCE NO. 2006-XX AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX C (FEE SCHEDULE) TO THE WYLIE CODE OF ORDINANCES AND AMENDING ORDINANCE NO. 2002-10 (PARK USE FEES ORDINANCE), SECTION 42.01 (ATHLETIC FIELD RESERVATION FEE); AMENDING SECTION 42.03 (ATHLETIC FIELD LIGHT FEE); DELETING SECTION 42.04 (ATHLETIC FIELD MARKING/CHALK FEE) AND AMENDING SECTION 42.06 (RECEIPT OF PAYMENT AND LATE PAYMENT REGARDING ALL USAGE FEES); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to change some existing fees in and add some additional fees by amending Appendix C (Fee Schedule) to the Wylie Code of Ordinances and amending Wylie Ordinance No. 2002-10, Park Use Fees Ordinance, Section 42.01 (Athletic Field Reservation Fee), amending Section 42.03(Athletic Field Light Fees), deleting Section 42.04 (Athletic Field Marking/Chalk Fees) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees ); and WHEREAS, the City Council has determined that the increase in fees and additional fees are necessary to help with the cost of permits and inspections, including, but not limited to, the cost of personnel time, gasoline, water and record keeping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated as if fully set forth herein. SECTION 2: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.01 (Athletic Field Reservation Fee). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.01 (Athletic Field Reservation Fee) is hereby amended to read as follows: A Fee of: (1) $5.00 per person,per sport season, for persons 18 years of age and under; and (2) $10.00 per person, per sport season, for persons 19 years of age and older. Amendment to Wylie Park Use Fees Ordinance Page 1 458935-1 SECTION 3: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.03 (Athletic Field Light Fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.03 (Athletic Field Light Fees) is hereby amended as follows: The reference to $8.00 per hour is changed to $13.00 per hour per field. The remainder of the Section remains unchanged. SECTION 4: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.04 (Athletic Field Marking/Chalk Fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.04 (Athletic Field Marking/Chalk Fees) is hereby amended to read as follows: Section 42.04 (Reserved for Future Use) SECTION 5: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.06 (Receipt of payment and late payment regarding all usage fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.06 (Receipt of payment and late payment regarding all usage fees) is hereby amended to delete the following sentence from the end of the First paragraph: "Note that chalking fees will not be charged in fall of 2002." SECTION 6: Savings/Repealing Clause. Wylie Ordinance No. 2002-10 and Appendix C of the Code shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: 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 8: Effective Date. This Ordinance shall become effective from and after its adoption. Amendment to Wylie Park Use Fees Ordinance Page 2 458935-1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 12th day of September, 2006. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News— Amendment to Wylie Park Use Fees Ordinance Page 3 458935-1 Survey of Youth Athletic Field Private Rentals Conducted by the City of Cedar Hill February 8, 2005- February 16, 2005 Allen Cedar Hill Duncanville Garland Irving Lancaster Rockwall Fee/Hr $4/$30 $25/$20/$50 $10 $25 $10 Fee/Day n/a $150 n/a $150 With Lights $3/$16 $25/extra yes $15 $15 same Without Lights yes $10 same Deposit $50 n/a yes $150 same Additional Information Allen First fees listed are for Co-Sponsored Organizations or Residents. Other fees, including deposit, are for Non Co-Sponsored or Non-Resident. Cedar Hill All baseball and softball fields are$25/hour, with exception to high school field $50/hour. Soccer and football fields are$20/hour. May require$100 refundable deposit. Fees based on area survey results. Rental fee includes field preparation. Any additional field preparation is charged based on material cost and overtime crew. Duncanville Deposit is non-refundable and renters are required $1 million minimum insurance with city named as additional insured. Renters must get city permits for concession sales but city receives no percentage of sales. During youth seasons do not rent to outside groups. Garland Fees are for baseball and softball field. Fields rented for practice only. Irving Deposit is non-refundable and renters are required to be provide insurance. No outside concessions allowed. Dragging and lining fields is an additional $25/field/occurrence. Officials must be registered through an approved local, state, or national organizations. Rarely allows outside reservations of youth facilities, exception for soccer and football. Lancaster No deposit and insurance required. No outside concession vendors. Fee includes field preparation. Additional fee per hour for lights, $15. Rockwall Occasional deposit for light key but rare. Renters are required to submit insurance. Boys baseball has rights to all concessions and get first right to all concessions. Rental fee includes dragging and lining fields. Rental fee includes dragging and lining fields. Robert Diaz From: Kathy A. Pinon [KAPinon@catty-tx.org) Sent: Thursday, January 19, 2006 7:43 AM To: rdiaz@ci.wylie.tx.us Subject: FW: Request for Information Hi Robert! Here's what we do at Parks and Recreation Department of The Woodlands: 1. What type of user fees (i.e. lights, participant, and facility) do you have and what are the rates? We currently rent facilities(fields and park pavilions)to residents only. Pavilions for$10 (4 hours max)with a$25 refundable deposit up to 50 people, $100 for 50+ people. Fields-$5 per hour, $25 per hour additional if with lights 2. Does anyone have a recent fee surveys from other cities? We may have recent fee surveys from other cities--contact Julie Traweek, our Project Manager at jgtraweek@catw-tx.org 3. What type of agreements do you have with your leagues; if you have agreements can you provide me an example of it? We run most of our league through the Recreation Division under our Parks Program Coordinator's supervision. We have a few we contract out but the contractor still reports to the program coordinator. In that case, we would have an Independent Contractor Agreement. 4. Does your organization sanction your leagues? What items do you ask for in order to sanction a league? I am not familiar—you can ask our Parks Program Coordinator, Willie Fowikes at wjfowlkes@catw-tx.org. Hope this information helps. Kathy Pinon Community Associations of The Woodlands Parks and Recreation Department 281.210.3950 kapinon@catw-tx.org 1 CITY OF GARLAND PARKS AND RECREATION DEPARTMENT (Revised:January, 2006) FACILITY USE AGREEMENT (***** New Sections) 2006 Season This agreement made and entered into this day of 2006 by and between the City of Garland Parks and Recreation Department(herein referred to as PARD),and , herein referred to as PERMITTEE. PERMITTEE hereby designates as the ASSIGNEE of this agreement,as authorized by PARD. 1.0 Permission: PARD agrees to permit the use of following recreation facility/facilities for herein specified period of time as listed below: This will enable PERMITTEE to conduct the following recreational activity: 1.1 Nothing in this agreement gives or grants PERMITTEE/ASSIGNEE any property interest,easement, or leasehold estate in the above named facilities. 2.0 Agreement Period: All provisions of this contract shall continue in full force and effect for a period of one(1)year from the commencement date of the agreement. 2.1 Actual facility use for league play by PERMITTEE shall begin on the day of 2006 And end on the day of 2006 2.2 The following dates are specifically excluded from this agreement: 3.0 Facility Maintenance: 3.1 The PERMITTEE shall maintain the facility per the attached Exhibits and keep the facility in good repair at all times. 3.2 Causing disrepair of facility or equipment when the PERMITTEE is responsible for the facility or equipment as stated in this agreement and attached Exhibits, shall be grounds for appropriate action. "Appropriate action", as used in this section, shall mean immediate termination of the agreement or prohibition of any activity on the premises until the repair is effected or, if PERMITTEE refuses or fails to make repairs as directed, needed repairs may be made by PARD and the PERMITTEE shall be charged for the cost thereof. The action taken shall be at the discretion of PARD. 3.3 Any league maintenance equipment including to, but not limited to hand tools, rakes,drags, hoses, etc. and/or materials such as infield soil conditioners, sand, clay, etc. not properly stored on site shall be immediately removed when requested by PARD. If, after such notification, the league fails to respond promptly, PARD may remove and dispose of the improperly stored maintenance equipment or materials. 3.4 The City of Garland, PARD, its agents, officers and employees may enter into the buildings, premises or any area at any reasonable time for any purpose necessary, incidental to or connected with ownership of the property or the performance of its obligations hereunder; or for any reasonable inspection thereof; or in the exercise of its governmental functions. 1 **** 3.5 PERMITTEE shall maintain year-round any and all storage building(s) remaining on their facility. This includes making any improvements mandated by the Garland PARD,the Health Department, Building Inspection Department,and/or any other City of Garland Agency. This responsibility also includes the correcting and repairing any damage due to vandalism and/or weather. Any structures or building deemed as "Temporary"must be removed from the site by the end of the agreement date. *'`** 3.6 PERMITTE shall provide year-round maintenance to any approved league responsible irrigation and infield irrigation systems. Any infield grass or other grassed areas identified as the league's responsibility shall be maintained year-round to include mowing and weed control. **** 3.7 PERMITTEE is required to meet with PARD representatives within thirty(30)days of the end of the agreement date for an end-of-season inspection of your playing fields and concession stands. The execution of the start date for your league's FUA may be delayed subject to any off-season field and concession stand conditions previously identified by PARD that have not been corrected or repaired. 3.8 PERMITTEE shall have thirty(30)days from the ending date of this agreement or from the termination date of this agreement to remove any owned equipment which is movable and not of permanent nature. After 30 days and upon written notification to the league, PARD may take possession of and/or dispose of this equipment or items. 4.0 Concession Stands: ***** 4.1 PERMITTEE has permission to operate one concession stand per field at its facility during the facility use time period through the attached Concession Stand Exhibits. All food and drink prepared, served, sold or shall be done so in strict conformity with all applicable laws, statutes, regulations and ordinances of federal, state and local authorities. Concession stands must meet all codes and health standards as set forth by the City of Garland. PERMITTEE must apply for, complete all requirements, and pass a "Food Operator's" inspection from the City of Garland Health Department. Upon passing this inspection by the Garland Health Department, PERMITTEE must obtain a "Concession Stand Operators Use Permit". This permit must be posted in their concession stand to be seen by all customers. In addition, PERMITTEE must provide the Garland PARD Athletic Office with a copy of this permit. Concession stands shall also be subject to in- season as well as off-season inspections by PARD and the Garland Health Department. 4.2 PERMITTEE has permission to sell any concessions,goods, souviners, etc.,except for tobacco products, alcoholic products, or any items for drug and/or medicinal purposes. All souvenirs offered for sale must be related to the sport involved. 4.3 PERMITTEE shall maintain the concession stand per the attached Exhibits and keep the concession stand in good repair at all times. When there is more than one concession stand from different coordinated organizations in the same athletic complex, PERMITTEE may only operate their concession stand during PERMITTEE'S league play unless there is a written agreement approved by PARD between all entities involved in that complex. 4.4 PERMITTEE will provide PARD with a key to their concession stand. The City of Garland, PARD, its agents, officers and employees may enter into the concession stand buildings, premises or any areas at any reasonable time for any purpose necessary, incidental to or connected with ownership of the property or the performance of its obligations hereunder; or for any reasonable inspection thereof; or in the exercise of its governmental functions. ""*** 4.5 When operating a concession stand in an athletic complex shared with other competing organizations with concession stands within the same facility or park, PERMITTEE shall be allowed to operate their concession stand under the following restrictions: a) Concession Stand may only be open for business for their own league sanctioned games with umpires/officials. b) Concession Stand may only open for business thirty (30) minutes prior to the scheduled games starting times and remain open only thirty(30) minutes after the completion of the last game on your league's fields. c) If serving windows need to be open at times other than the approved operating times, a sign is to be posted stating that the concession stand is closed for business. 2 5.0 Facility Improvements by League: 5.1 PERMITTEE shall submit to PARD for review and approval a written request, and design drawings as required, for the installation of any facility improvements and equipment. In addition, this written request shall be subject to the review and approval by Building Inspection, Health, Fire and any other City department whose area of responsibility is within the purview of such installation and design. The PERMITTEE shall be responsible for securing such approvals and any required permits. No work shall start prior to PERMITTEE receiving final written approval from PARD specifically stating such improvements are authorized and the installation may proceed. Such approval shall not waive or affect PERMITTEE'S obligation to indemnify under the Indemnification Section in this agreement. ***** 5.2 Any unauthorized buildings, structures, installations, additions, etc., made on PARD property without written approval, shall be subject to removal by PARD. Any such structures not removed within the notified date for removal will be removed by PARD and could be depositied at the City landfill. 6.0 Inclement Weather and Field Conditions: 6.1 The decision to play on PARD athletic fields during or immediately after inclement weather shall be the responsibility of the PERMITTEE. 6.2 PERMITTEE shall be responsible for any actions as a result of play during or after inclement weather, Including repairing, under PARD direction, damage to turf or playing surface. PARD reserves the right to cancel league games or activities due to inclement weather or field conditions. 6.3 PERMITTEE shall develop a"Safety Action Plan"to implement during severe weather. The capricious nature of thunderstorms cannot guarantee absolute protection from lightning strikes. However, being aware of proven safety guidelines from the "National Lightning Safety Institute" (NLSI), and following recommended safety procedures can greatly reduce the risk of injury or death. Weather Watch/Warning Definitions: • Severe Thunderstorm Watch: Weather conditions are favorable for high winds, heavy rain, and/or hail to develop. • Severe Thunderstorm Warning: A severe thunderstorm has been detected in the area and high winds, heavy rain and hail are present in the storm. • Tornado Watch: Weather conditions are favorable for the possibility of tornado activity in the area. • Tornado Warning: A tornado has been sited or indicated by radar in the area. This warning is usually followed by the location of the tornado, direction of travel, and period of time for movement through a specific area. 6.4 Recommended guidelines and rules to incorporate into your Safety Action Plan. • Safety Action Plan — Have posted recommended areas where your players and patrons are to go when play is suspended for severe weather: 1) Recommended Areas: Large enclosed permanent structures, enclosed buildings, vehicles, and/or private residences. 2) Non-Recommended Areas: Shacks, small metal sheds, picnic shelters, golf carts, open top vehicles,and baseball/softball dugouts. • "Flash To Bang: Lightning Detection Method — To estimate the distance between you and the lightning flash, count the number of seconds from the time you see the lightning flash until you hear thunder. Divide the number of seconds counted by five (5) to get the estimated distance in miles that the lightning is away from you. (Example: If it takes 15 seconds before you hear thunder, the lightning is 3 miles away from you). • "30 / 30 Lightning Rule" — It is recommended by NLSI that you suspend all outdoor play and seek shelter if the time between the lightning flash and thunder is 30 seconds or less. Once it is determined that lightning is less than 6 miles away (30 seconds divided by 5), you should not resume activities until 30 minutes after the last audible thunder. 6.5 It is recommended the PERMITTEE purchase an approved type of"Lightning Detector"and have operable and on site at all times of play. ***** 6.6 Due to weather situations that could occur during the year or on an on-going basis, PERMITTEE agrees to follow any demands or restrictions as mandated by the City of Garland, Garland PARD, the National Weather Service,or any other governmental agency with dealings with the City of Garland. 3 7.0 Youth Coaches Certification: PERMITTEE is encouraged to have all coaches involved in youth athletic leagues participate in a youth athletics coaching certification program. 8.0 Criminal Background Checks: All PARD youth athletic Coordinated Organizations are strongly encouraged to conduct criminal background checks for any person applying for or appointed to a position within the organization. This should include, but is not limited to, elected/appointed board members/officers, coaches, assistant coaches, referees/officials, scorekeepers, concession volunteers, promotional volunteers, equipment managers, and facility managers. It shall be the sole responsibility of the PERMITTEE to coordinate any background checks that are conducted. 9.0 Smoking Prohibited: Smoking is prohibited within 20 feet of all Parks&Recreation Department Athletic fields,athletic courts, food concession stands, and spectator bleachers. 10.0 Submission of Required Information: PERMITTEE shall submit in a timely manner, or by dates as indicated by PARD, any and all league/organization records, documentation and information, etc., as required by PARD. These items listed on the "Paperwork Responsibility Checklist" shall be signed by the Organization President or designee and returned by the beginning of the official playing season or by the date designated on the Checklist. These items shall include: (1) Facility Use Agreement(FUA), (8)Concession Stand Cooking Agreement, (2) FUA Exhibits, (9) League/Teams Summary Form, (3)Amendments to any Exhibits,as required, (10)Season Playing Schedule, (4) Responsibility Recap Sheets, (11)Organization Constitution&By-Laws, (5) League Resolution and Authorization Form, (12)Proof of Bonding, (6) League Officers Information Form, (13) Proof of General Liability Insurance, (7)Season Dates/Calender of Events, (14) Proof of Additional Insurance(Optional) (15)Other forms as required. 11.0 Activities Not Allowed: PERMITTEE covenants and agrees it will not engage in any business on premises or do anything in connection therewith which shall be in violation of any federal, state or local law or regulation or to use the same in such a manner as to constitute a common nuisance. 12.0 Incorporation of Policies: The policies and regulations of the Parks Recreation Department and the Parks and Recreation Board are incorporated in to and made a part of this Agreement. Unless expressly provided herein, no officer, agent or employee of PARD may waive any policy of PARD or grant any privilege to the PERMITTEE as these policies are to be strictly preserved by the Parks and Recreation Board. 13.0 Assignment: PERMITTEE is prohibited from and hereby agrees not to lease, sublease,or assign this agreement of the facilities, or any part thereof, except on prior written consent of the Parks and Recreation Department or as authorized in this agreement. PERMITTEE shall be required to submit the written contract from sub-lessee stating all provisions regarding utilization of facilities and fees to be paid to the organization. Contract must be submitted for the approval of PARD prior to entering into an agreement with sub-lessee. 14.0 Waiver: No assent, expressed or implied by PARD to any breach of any PERMITTEE covenants,conditions or terms hereof, shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreements, conditions or terms hereof. 15.0 Nondiscrimination Requirement: No person, firm, corporation, organization, association, league or group shall be denied the use of Park premises and facilities or participation in any Coordinated Organization league or activity because of race, sex, color, religion, national origin or disability. The PERMITTEE shall comply with the "Americans With Disabilities Act" (ADA). 16.0 Facility/Field Allocations: Decisions regarding allocation and/or reallocation of an athletic field shall be determined by PARD staff, based on actual use of the field and a 2-year average of team and/or individual registrations. Fields not meeting the "Games Per Week Per Field Capacity" in Table 3, Recreation Activity Field Capacity Analysis, Development Guidelines for Parks & Recreation, may be subject to reallocation. Final determination of field allocation will include input from the PERMITTEE Association. 4 17.0 Relationship of Parties: Nothing contained herein shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or partnership nor of venture, it is being expressly understood and agreed that no provision contained herein nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship between the City of Garland as a governmental entity, and its citizens, in a regulatory matter governing the use of facilities and the conduct of activities related thereto. The PERMITTEE shall not represent to any person, by any means,that it acts for or on behalf of the City, unless expressly so authorized, in writing, by the City. 18.0 Independent Contractor: 18.1 While engaged in carrying out and complying with the terms and conditions of this agreement, the PERMITTEE is, and shall be, an Independent Contractor and shall not, with respect to its acts or omissions, be deemed an officer, employee or agent of the City. The PERMITTEE shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 18.2 PERMITTEE is and shall be an Independent Contractor, with full, complete and exclusive power and authority to direct, supervise, and control its own employees and agents and to determine the method of the performance of the activities covered hereby. The fact that the City's representative shall have the right to observe PERMITTEE'S work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the City's representative hereunder, is not intended to and shall not at any time change or affect the status of the PERMITTEE as an Independent Contractor with respect to either the City's representative or to the PERMITTEE'S own employees or agents or to any other person, firm or corporation. 19.0 Indemnification: 19.1 The PERMITTEE agrees to indemnify and hold harmless and defend the City, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs arising out of or resulting from PERMITTEE'S work and activities conducted in connection with or incidental to this agreement and from any liability arising out of or resulting from its intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, to the fullest extent provided by the express negligence doctrine as set forth by the Texas Supreme Court. 19.2 It is the expressed intention of the parties hereto, both the City and PERMITTEE, that the indemnity provided for in this paragraph is indemnity by the PERMITTEE to indemnify and protect the City to the fullest extent provided by the express negligence doctrine as set forth by the Texas Supreme Court. 19.3 The PERMITTEE further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for the safety of its officers, agents, employees, subcontractors, licensees, invitees and other persons, as well as their property,while on the premises or in the facility. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the PERMITTEE, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, Lessee's sublessee's, and other persons. 19.4 Further, the City assumes no responsibility or liability for harm, injury, or any damaging events directly or indirectly attributable to PERMITTEE'S activities performed under this agreement or any premise defect which may now exist or which may hereafter arise upon the premises, responsibility for any and all such defects being expressly assumed by the PERMITTEE. The PERMITTEE understands and agrees that this indemnity provision shall apply to any and all claims, liens, suits, demands and actions for damages, injuries to persons (including death), property damages (including loss of use), and expenses, including court costs, and attorneys'fees, and other reasonable costs based upon or arising from any such premise defects or conditions, including, but not limited to any such claim asserted by or on behalf of the PERMITTEE, including but not limited to its officers, agents, employees,subcontractors, licensees, invitees, Lessee's sublessee's, and other persons. 5 19.5 The PERMITTEE agrees to indemnify and save the City harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this Agreement. When the City so desires,the PERMITTEE shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 19.6 It is further agreed, with respect to the above indemnity, that the City and the PERMITTEE will provide the other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the PERMITTEE or the City, and the City shall have the right to compromise and defend the same to the extent of its own interests. 20.0 Bonding: All coordinated organizations which handle funds in excess of$5,000.00 annually shall furnish evidence of a "Fidelity Bond or Commercial Crime Coverage" in an amount sufficient to cover average available funds of the organization, for league officers who are approved by their respective Board of Directors, Executive Committee,or governing body to disburse or receive organizational funds. 21.0 Insurance: 21.1 PERMITTEE shall maintain in full force and effect General Liability Coverage to include but not limited to coverage for premises, operations, products, completed operations, Independent Contractors, personal injury liability, and contractual liability insuring the indemnity provisions of this agreement. Coverage amounts shall not be less than the following amounts: $250,000 per person, and $500,000 per occurrence bodily injury,and $100,000 per occurrence property damage. 21.2 A certificate of insurance or copy of insurance shall be furnished to the City for approval with copies filed in the office of the City of Garland Risk Manager and the City of Garland PARD. This insurance shall name the City of Garland as an "Additional Insured". It should also provide that the City shall receive 30 days prior written notice before any change or cancellation of the policy. PERMITTEE further agrees to provide the City with evidence of these coverages and coverage provisions for any and all lessees and/or sublessees. 21.3 PERMITTEE understands and agrees that the City shall not be responsible or liable for any loss (including to but not limited to theft, vandalism, fire, equipment failure, or natural occurrences) or property or improvements located at the facility and belonging to or utilized by the PERMITTEE or any other person or entity. PERMITTEE expressly holds harmless and indemnifies the City from and against any such loss. 21.4 PERMITTEE may elect to maintain coverage for all the contents of PERMITTEE'S structures and for contents owned, rented, leased by the PERMITTEE and located within City owned structures and/or facilities. Property coverage should be a"Fire and Extended Coverage"or similar form. 22.0 Termination: Any violation of any of the provisions of this agreement and/or exhibit(s) shall be grounds for the termination of the agreement, subject to the approval of the Parks and Recreation Staff. The Parks and Recreation Board may terminate this Agreement without cause or penalty by giving PERMITTEE at least 30 days written notice. 23.0 League Authorization: PERMITTEE/ASSIGNEE and its Governing Body shall approve a resolution authorizing its President or Representative to be the official Designee to sign this Agreement on its behalf and to act as its official representative responsible for contact with PARD 6 24.0 Exhibits: It is especially provided for and agreed by and between PARD and PERMITTEE that the Exhibits hereto attached and listed below shall be part and parcel to this agreement as if set out here in their entirety. 24.1 Field Exhibits Field Exhibit"A" Exhibit "C" Exhibit"D" 24.2 Concession Stand Exhibits Facility Exhibit"E" Exhibit"F" 24.3 Concession Stand Waiver Facility Amendment to Exhibits"E"&"F" 24.4 National Tournament Exhibits Facility Exhibit"G" 25.0 Authorized Signatures: YEAR: 2006 CITY OF GARLAND PARKS AND RECREATION DEPARTMENT(PARD) COORDINATED ORGANIZATION NAME(PERMITTEE) Steve Finigan PARD Representative(print) Organization Representative(print) Signature Date Signature Date LEAGUE(ASSIGNEE) By signing this Agreement,assignee agrees to be bound by all its terms and conditions. League-Assignee League Representative(print) Signature Date 7 League: Abbreviation: Field(s): Class: Year: EXHIBIT "A" FOR CLASS "A"FIELDS (FULL GRASS INFIELDS) INFIELDS COMPLETELY MAINTAINED BY OTHERS 1. «M 1»shall be responsible for year round maintenance on all infield turf and red clay areas commensurate with Park maintenance standards. Infield turf maintenance shall include mowing,weed control,fertilization and herbicide spraying. 2. PARD shall perform all turf maintenance to the outfield areas. PARD shall mow,fertilize,spray herbicide and control weeds,in all outfield turf areas and cut all foul lines. 3. «M 3»shall provide all red clay and perform all dirt and clay renovation to include cutting infield arcs and base paths and building pitchers mound. No dirt/sand or red clay shall be stockpiled on PARD property without written permission from PARD. Stockpiled clay/sand/dirt must be removed or leveled by the League within 30 days following the end of the current season. 4. «M 4a»shall drag the infields and chalk baseline and any other field markings on«M 4b» (days of the week). Grass cut foul lines shall not be chalked. 5. «M 5»shall be prohibited from performing any maintenance to any outfield turf areas without Permission from PARD. 6. <M 6»shall maintain all backstops,fences and gates in a safe and secure condition. 7. «M 7»shall maintain all bleachers in a safe and secure condition. 8. «M 8»shall maintain all dugouts in a safe and secure condition. 9. «M 9»shall be responsible for the maintenance of any infield irrigation system and watering of the infield. 10. «M10»shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 11. <cM 11»shall be responsible for the installation,maintenance,and condition of all signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. All temporary signs must be moved and stored off-site within 30 days following the end of the current season. 12. «M 12»shall maintain the restrooms in a safe and sanitary condition. 13. <<M 13»shall provide bases,a home plate,basestakes,and a pitching rubber per assigned field. 14. «M 14»shall install the home plate,basestakes and the pitching rubber. All items listed above must be provided 30 days prior to the start of the season if PARD is to install. 15. <<M_15»shall provide all equipment,tools,supplies,drags,mats,materials etc.necessary for the operation of their respective activities regarding their playing field(s)and provide proper storage at all times for these items. 16. «M 16»shall provide and maintain all area and ballfield lighting systems. 17. «M 17»shall be responsible for the installation,condition,and maintenance for on-site storage buildings,areas,rooms,etc. 18. «M 18»shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 19. «M 19»shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flag poles,and scoreboards. 20. «M 20»shall be responsible for daily game day policing of all fitter on their field(s)to include playing areas,dugouts,fences,backstops,bleachers,concession stands and adjacent grounds. All litter shall be placed in the trash bins,trash cans,and trash receptacles provided by PARD. 21. PARD shall provide the pick-up and emptying of these trash receptacles. 22. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. If facility is abandoned,the agreement is terminated. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: Leaguer «League» Abbreviation: «ABB» Field(s): «Field» Class: «Class» Year: EXHIBIT"C" FOR CLASS"C-"FIELDS(SKIN INFIELDS) INFIELD MAINTAINED BY PARD 1. PARD shall maintain the infield and all turf areas in the outfield to include mowing,weed control,fertilizing,and herbicide spraying. 2. PARD shall cut all foul lines. Grass cut foul lines will not be chalked without permission from PARD. 3. PARD shall perform all pre-season red clay and turf maintenance to include adding red clay,red clay renovation,and cutting infield arcs. 4. «M 4»shall build the pitcher's mound if needed. No dirt/sand or red clay shall be stockpiled on PARD property without written/verbal permission from PARD. Stockpiled clay/sand/dirt/additives must be removed or leveled by the League within 30 days of the end of the contract. 5. «M 5a»shall drag the infield and chalk baselines and any other field markings on«M 5b» (days of the week). PARD shall drag the infield and chalk baselines on all other days of the week. 6. «M 6» shall be prohibited from performing any maintenance to any infield dirt/clay and/or outfield turf areas without permission from PARD. 7. «M 7»shall maintain all backstops,fences and gates in a safe and secure condition. 8. «M 8»shall maintain all bleachers in a safe and secure condition. 9. «M 9»shall maintain all dugouts in a safe and secure condition. 10. «M 10»shall be responsible for the maintenance of any infield irrigation system and watering of the infield. 11. «M 11»shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 12. «M 12»shall be responsible for the installation,maintenance,and condition of all temporary signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. These signs must be removed within 30 days of the end of the contract. 13. «M 13»shall maintain the restrooms in a safe and sanitary condition. 14. <<M 14»shall provide bases,a home plate,bases stakes,and a pitching rubber per each assigned field. 15. «M 15»may install the home plate,bases stakes and the pitching rubber,if requested by the league. All items listed above must be provided 30 days prior to the start of the season if PARD is to install. 16. «M 16» shall provide all equipment,tools,supplies,drags,mats,materials,etc.necessary for the operation of their respective activities regarding their playing field(s). '17. <<M 17»shall provide proper storage at all times for the items listed in No. 16 above. 18. «M_18»shall provide and maintain all area ballfield lighting systems. 19. «M 19»shall be responsible for the installation,condition,and maintenance for any on-site storage buildings,areas,rooms,etc. 20. «M 20» shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 21. «M 21»shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flagpoles,and scoreboards. 22. «M_22»shall be responsible for daily game day policing of all litter on their field(s)to include playing areas,dugouts.fences,backstops,bleachers,concession stands and adjacent grounds. All litter shall be placed in the bins,cans,and trash receptacles provided by PARD. PARD shall provide the pick up and emptying of these trash receptacles. 23. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. 24. If facility is abandoned,this agreement is terminated. GARLAND PARD ORGANIZATION «League» PARD REPRESENTATIVE Steve Finigan PRESIDENT/ REP. SIGNATURE SIGNATURE DATE DATE League: «League» Abbreviation: «ABB» Field(s): «Field» Class: <.<Class» Year: EXHIBIT "D" FOR CLASS "D"FIELDS (FULL GRASS INFIELDS) ALL GRASS FIELDS i. «M 1»shall be responsible for all turf maintenance requirements to include mowing,fertilizing,weed control,and herbicide spraying. 2. «M 2»shall cut all required lines. PARD will not chalk any lines unless growth of the lines will not permit lines to be cut. 3. «M 3»shall be responsible for chalking any additional lines not maintained by PARD. 4. «M 4»shall be responsible for the leveling and back filling of low areas as needed and for providing the dirt,sand,clay,etc.to back fill and spread. 5. «M 5» shall be prohibited from performing any maintenance to grass areas without permission from PARD. 6. «M 6» shall maintain all bleachers in a safe and secure condition. 7. «M 7» shall maintain all fences in a safe and secure condition. 8. «M 8» shall be responsible for the installation,maintenance,and condition of all irrigation systems and watering of the fields. 9. «M 9» shall be responsible for the installation,maintenance,and condition of all temporary signs and advertisements located on fences and buildings and for their removal and proper off-site storage during the off-season. These signs must be removed within 30 days of the end of the contract. 10. «M 10» shall maintain the restrooms in a safe,clean,and sanitary condition. 11. «M 11» shall provide all field equipment,props,markers,etc. and the installation as needed for playing the sport or activity designated for this field. If PARD agrees to install such equipment,the league must provide this equipment a minimum of 30 days prior to the start of their season. 12. «M 12» shall provide all equipment,tools,supplies,drags,mats,materials,etc.for needed maintenance as required,and for the proper and safe storage at all times for these items. 13. «M 13» shall maintain all area and ballfield lighting systems. 14. <M 14» shall be responsible for the installation,condition,and maintenance for any on-site storage buildings,areas,rooms,etc. 15. «M 15»shall be responsible for all equipment,materials,tools,etc.stored in these storage facilities. 16. «M 16» shall be responsible for the installation,condition,and maintenance for all public address systems,press boxes,flag poles,and scoreboards. 17. «M 17» shall be responsible for all daily policing of all litter on their field(s)to include playing areas,dugouts,fences,backstops,bleachers,concession stands, and adjacent grounds. All litter shall be placed in the bins,cans,and trash receptacles provided by PARD. PARD shall provide the pick-up and emptying of these trash receptacles. 18. PARD reserves the right to utilize the facilities when this Facility Utilization Agreement is not in force. 19. If the facility is abandoned,this agreement becomes terminated. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: League: «League» Abbreviation: «ABB» Field(s): «Field» Class: «Class» Year: EXHIBIT "E" FOR CLASS "E"FIELDS (FULL GRASS INFIELDS) CONCESSION STANDS MAINTAINED BY OTHERS AT ALL TIMES 1. «M 1»shall have exclusive use of the concession stand for the duration of the agreement. 2. «M 2»shall provide year round maintenance to the outside of the building including any score booths and equipment buildings. 3. «M3» shall maintain at all times the inside of the concession stand and shall be responsible for all fixtures,appliances,electricity,plumbing,and all equipment necessary for storage,preparation,and serving of food and drinks in a clean,safe,and sanitary manner commensurate with similar PARD facilities in compliance with City of Garland statutes and ordinances and acceptable State of Texas applicable agencies. 4. «M 4» shall be required to pass a pre-season inspection by inspectors of the City of Garland Environmental Health Department and a post-season clean-up inspection by officials from Garland PARD and/or the Health Department. All food handlers and concession stand workers will be required to attend a"Food Handlers Seminar" conducted by the Environmental Health Department. 5. «M 5» shall be required to police both their concession stand grounds and athletic field grounds of all trash,garbage,paper,boxes,cartons,containers,litter,etc. generated by the concession stand. Cooking oil and other liquid cooking wastes shall be disposed of in a manner prescribed by the City of Garland Environmental Health Department. Adequate trash receptacles shall be furnished by PARD with the exception of the receptacles for disposal of cooking oils and liquids. Trash dumpsters will be furnished by and emptied by the City. The concession stand operators will be required to break down all boxes and paper containers before placing in the dumpster. 6. «M_6» shall furnish PARD with one(1)set of keys,marked with the league name for access to their concession stand,equipment rooms,and score booths for emergencies and inspections only by CITY/PARD staff. 7. «M 7» shall be responsible for the installation,condition,maintenance,and service of scoreboards,telephones,and public address systems. All utility and communication lines will be installed below ground. 8. «M 8» shall be responsible for off-season winterizing of plumbing fixtures associated with their concession stand and for shutting off all water and electricity,except for permitted uses no later than November 15 of each year. All exceptions must be approved by PARD. 9. «M 9» shall be responsible for keeping on only the essential appliances during non-use times. Air conditioners are to be operated only during times when the concession stand is open to the public. Only refrigerators and freezers may be left on at all times. Ice machines shall be unplugged and water lines drained and unhooked during the off-season. 10. «M 10»shall be responsible for providing the paint and labor for painting the outside of their concession stand,score booths,and equipment buildings as required. The colors will be determined by PARD. 11. shall be responsible at all times for the clean,sanitary conditions of the concession stand interior walls,ceilings,floors,cabinets,doors,counters,shelves,etc. The interior shall be painted periodically as required. The paint and labor for interior painting shall be the responsibility of the concession stand operator. 12. «M 12» shall be responsible for the security of the concession stand building,equipment rooms,and inside scorebooths,to include any alarm systems and other security devices. 13. «M 13»shall be responsible for the total contents of the concession stand,equipment rooms,and inside score booths and for securing insurance for the total structure and contents and for paying any and all insurance premiums. 14. «M 14» shall be responsible for any grounds clean-up after new construction,renovation,or repairs have been made. This includes any work dealing with electricity, plumbing,water,gas,sewer,etc.All grounds will be restored to its previous condition or better than before any work was begun. Any and all plans and work performed by the league or concession stand operator must be approved by PARD. 15. PARD shall be responsible for underground utility lines and pipes leading up to the concession stand. PARD shall have all water to concession stands turned on by March 15th of each year unless weather conditions are prevalent. Environmental Health Department inspections shall not be scheduled prior to this date. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: League: «League» Abbreviation: «ABB» Field(s): €Field» Class: «Class» Year: EXHIBIT "F" CONCESSION STAND MAINTAINED BY PERMITTEE ONLY DURING CONTRACTED TIMES 1. «M 1»shall have exclusive use of the concession stand only during the specified time stated on the FUA. Contents,materials,equipment etc.including portable, non-permanent appliances owned by the league and left in the concession stand during the off-season shall be the responsibility of the league. 2. PARD shall be responsible for the condition and maintenance to the outside of the concession stand building and the hot water heater on the inside of the stand. 3. «M 3» shall maintain at all times the inside of the concession stand and shall be responsible for all fixtures,appliances,electricity,plumbing,and all equipment necessary for storage,preparation,and serving of food and drinks in a clean,safe,and sanitary manner commensurate with similar PARD facilities in compliance with City of Garland statutes and ordinances and acceptable State of Texas applicable agencies. 4. <dvl 4» shall be required to pass a pre-season inspection by inspectors of the City of Garland Environmental Health Department and a post-season clean-up inspection by officials from Garland PARD and/or the Health Department. All food handlers and concession stand workers will be required to attend a"Food Handlers Seminar"conducted by the Environmental Health Department. 5. «M 5» shall be required to police both their concession stand grounds and athletic field grounds of all trash,garbage,paper,boxes,cartons,containers,litter, etc.generated by the concession stand. Cooking oil and other liquid cooking wastes shall be disposed of in a manner prescribed by the City of Garland Environmental Health Department. Adequate trash receptacles shall be furnished by PARD with the exception of the receptacles for disposal of cooking oils and liquids. Trash dumpsters will be furnished by and emptied by the City. The concession stand operators will be required to break down all boxes and paper containers before placing in the dumpster. 6. PARD shall furnish keys for access to the concession stand to the President of the League(PERMITTEE). A$10.00 key deposit per key shall be paid in check to the PARD office. Keys for any additional locks in the concession stand building shall be furnished by the league to PARD. 7. «M 7» shall be responsible for the installation,condition,maintenance,and service of scoreboards,telephones,and public address systems. All utility and communication lines will be installed below ground. 8. «M 8» shall be responsible for off-season winterizing of plumbing fixtures associated with their concession stand and for shutting off all water and electricity,except for permitted uses no later than November 15 of each year. All exceptions must be approved by PARD. 9. «M 9» shall be responsible for keeping on only the essential appliances during non-use times. Air conditioners are to be operated only during times when the concession stand is open to the public. Only refrigerators and freezers may be left on at all times. Ice machines shall be unplugged and water lines drained and unhooked during the off-season. 10. «M 10» shall be responsible for providing the paint and labor for painting the outside of their concession stand,score booths,and equipment buildings as required. The colors will be determined by PARD. 11. «M 11»shall be responsible at all times for the clean,sanitary conditions of the concession stand interior walls,ceilings,floors,cabinets,doors,counters, shelves,etc. The interior shall be painted periodically as required. The paint and labor for interior painting shall be the responsibility of the concession stand operator. 12. «M 12» shall be responsible for the security of the concession stand building,equipment rooms,and inside scorebooths,to include any alarm systems and other security devices. 13. «M 13» shall be responsible for the total contents of the concession stand,equipment rooms,and inside score booths and for securing insurance for the total structure and contents and for paying any and all insurance premiums. 14. «M 14»shall be responsible for any grounds clean-up after new construction,renovation,or repairs have been made. This includes any work dealing with electricity,plumbing,water,gas,sewer,etc.All grounds will be restored to its previous condition or better than before any work was begun. Any and all plans and work performed by the league or concession stand operator must be approved by PARD. 15. «M 15» shall be responsible for the payment of utility costs consumed by the concession stand during the specified time stated on the FUA. 16. PARD shall be responsible for underground utility lines and pipes leading up to the concession stand. PARD shall have all water to concession stands turned on by March 15th of each year unless weather conditions are prevalent. Environmental Health Department inspections shall not be scheduled prior to this date. Garland PARD Organization: «League» PARD Representative: Steve Finigan President/Rep: Signature: Signature: Date: Date: City of Allen Parks and Recreation Department Athletic Facility Rental Agreement This Agreement is entered into on this the day of 200_, between the City of Allen and Parks and Recreation Department (City), and , (Organization) by and through its authorized representative. The term of this agreement shall be from , through 1. Definitions a. Co-Sponsored Organization means any organized group that has entered into a Facility Utilization Agreement with the City of Allen utilizing the City owned or leased facilities, and in someway providing a service, program, or revenue benefiting the City of Allen. b. Resident means a person who lives or works within the City of Allen, or in the case of a church sponsored team, worships within the Extra Territorial Jurisdiction of the City of Allen. c. Nonresident means a person who lives outside the City of Allen. d. Nonresident team means a team made up of less than 51%resident players. e. Season means a recurrent period of time characterized by league practices and games associated with registration fees for a particular sport as agreed upon by the designated representative from both parties. f. Game facility is defined as a facility where league play is being held and use is being managed in order to maintain the playing conditions at a high level. Game facilities are designated by the Parks and Recreation Department. These facilities are subject to usage fees. g. Outdoor athletic facilities include, but are not limited to, lighted and unlighted playing fields and courts programmed for the purpose of conducting practices, league play, tournaments, meets, camps and clinics for competitive and recreational sports that include, but are not limited to, soccer, football, baseball, softball, lacrosse, cricket and rugby or any such use as deemed appropriate by the Parks and Recreation Department. 2. Facility Requirements a. The Renting Organization is responsible for all trash and litter on the complex. All trash and litter must be picked up during the rental and deposited in onsite facilities at the end of each day. Page 2 of 3 Athletic Facility Rental Agreement b. The Renting Organization will be held responsible for any excessive wear or damage to the facility. Deposit is subject to forfeiture if the above conditions occur. c. The Renting Organization shall provide a point of contact and shall submit all applicable phone numbers at time of rental. The Renting Organization shall provide the point of contact with a means of direct communication at all times during the rental. 3. Indemnification and Insurance a. The Renting Organization assumes all liability and responsibility for and agrees to fully indemnify, hold harmless and defend the City of Allen, and its officers, agents, servants and employees from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees for injury to or death of a person or damage to property arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising out of the management, supervision, operation, or activities of the Renting Organization. In the event of joint and concurring responsibility, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with Texas Law, without waiving any defense of the parties under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. b. Insurance as provided in exhibit 'A'. 4. Fees a. Co-Sponsored Organization Fees • $4/hour per field (two hour minimum) • Lights are charged at $3/hour/field. • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven (7) days prior to the rental date. b. Resident Non Co-Sponsored Organization Fees • $4/hour per field (two hour minimum) • Lights are charged at $3/hour/field. • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven (7) days prior to the rental date. c. Nonresident Non Co-Sponsored Organization Fees • $30/hour per field (two hour minimum) • $50 deposit per field • Lights are charged at $16/hour/field. • Deposit must be received at time of reservation to guarantee the reservation. First deposit received will have priority over facility reservation. Page 3 of 3 Athletic Facility Rental Agreement • Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental seven(7) days prior to the rental date. , (Renting Organization) hereby agree to observe and abide by the rules and policies of the City of Allen Parks and Recreation Department and the (Renting Organization) also agree not to hold the City of Allen or its employees liable for any injuries incurred in connection with 's (Renting Organization)participation in this Activity Signature of Applicant Date Print Name Contact Phone Number Address Address CITY OF COLLEYVILLE PARKS AND RECREATION ATHLETIC FACILITIES UTILIZATION AGREEMENT FOR COLLEYVILLE SOCCER ASSOCIATION This Agreement for the use of athletic facilities is designed to ensure that athletic facilities owned and/or operated by the City of Colleyville, inclusive of Grapevine- Colleyville Independent School District facilities, are utilized efficiently and safely. The City of Colleyville Parks and Recreation Department will work with volunteer athletic organizations to cosponsor a high quality youth sports program for the Colleyville community. The parties to the Agreement are the City of Colleyville, Texas herein called "CITY" and the Colleyville Soccer Association (CSA) herein called "Association". I. ALLOCATION OF FACILITIES Each organization will be assigned facilities for the City. All organizations shall submit a written request to the Parks and Recreation Department (PARD) for the use of game fields. In the event two or more organizations request the use of the same facility, the City reserves the right to review and adjust scheduling to ensure that all facilities are being fully utilized. A. The City agrees to permit the use of "City" athletic facilities for the scheduling of the Colleyville Soccer Association league games and/or practices, as described in Exhibit "D" 2005 Athletic Facilities Use Agreements and in accordance with the Interlocal Agreement between the City and the G-CISD General Regulation and Guidelines for Facility Usage. The "City" agrees to permit the use of the G-CISD facilities for the scheduling of practices, as described in Exhibit "D". B. The City agrees to permit the use of the use of "City" athletic facilities for the scheduling of two Colleyville Soccer Association pre/post season activities subject to the approval of the Parks and Recreation Director. 1. Players and Coaches Clinic September 9 2. Players and Coaches Clinic September 30 C. All DFW Tornado events must be approved through the Colleyville Soccer Association, and then approved through the Parks and Recreation Director. All other skill clinics and tryouts must also be approved through the Parks and Recreation Director. D. The City requests that Pleasant Run Game fields be closed during the fall season for field maintenance one day per work week and from October 3-6. E. The term of this Agreement shall be from September 2 through November 12. All makeup game schedule requests will be given to the Colleyville Parks and Recreation Department in writing at least 48 hours before the makeup game date for approval. Information will contain dates, times and fields for makeup times. F. The terms of this Agreement will not automatically be renewed on a semi-annual basis. The City will review requests twice each year and respond in writing to the requesting organization concerning the availability of facilities. G. The Association shall not assign this lease nor shall it sublease or rent out any property, or charge fees for any game or practice facility without written consent of the City. This provision includes soccer camps and tournaments. H.The Association shall not engage in any business on the premises or violate any existing state of federal law or municipal ordinance, or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. II. ASSOCIATION RESPONSIBILITIES A. The Association shall maintain, in effect, a general liability insurance policy, naming the City as an additional insured, in an amount of least one million dollars ($1,000,000) with such a policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic league play at Pleasant Run Soccer Complex. B. The Association shall be a non-profit association, as set forth by the Internal Revenue Service. C. The Association shall have an elected Board of Directors, to include a President, Vice-President, Secretary, Treasurer and a designated Field Operations Manager. The names of these officers, including addresses and telephone numbers, shall be filed with the City immediately following election or a change in office. D. The Association's Constitution and by-laws shall be filed with the City. E. Upon request, the Association shall furnish a copy of financial statements to the City. F. The Association shall furnish a complete copy of the league game schedules to the City at least one (1) week before the start of the season. The schedule must be legible and include only the games that will be conducted on City owned or operated facilities. G. The Association shall maintain a communication network with the City only through the President of the Association or the Field Operations Manager for facility requests or needs. H. All the games and practices will conclude by 10:00 p.m. The lights must be out by 10:30 p.m. The City through the Parks and Recreation Director will make any exceptions. I. The Association shall collect a $5.00 maintenance fee per participant, per season. The maintenance fee must be paid to the City by November 1, 2005. (Resolution R- 98-1392). J. The Association shall collect a $10.00 non-resident fee per participant, per season. A non-resident fee will not be charged to any resident or family with an adult member, who is employed in the City of Colleyville. The non-resident fee does not pertain to any family for which the fee would create a financial hardship. The non-resident fees must be paid to the City by November 1, 2005. (Resolution R-92- 737). K. The Association shall provide the City with a written report, which includes the total number of participants, including a breakdown of resident and non-resident participants and their addresses by November 1, 2005. L. The Association shall not make any improvements to park property without the approval of the Parks and Recreation Director. M. The Association shall not drive any vehicles on walkways at all times. There are no exceptions. N. The Association shall be responsible for the parking lot and driveway guidelines at Crown of Life Lutheran Church: 1. The parking area is for the exclusive use of the church between the hours of 7:00 a.m. to 2:00 p.m. every Sunday. 2. The parking area is for the exclusive use of the church between the hours of 5:00 p.m. and 10:30 p.m. every Wednesday. 3. Check if signs giving notice of the church's exclusive right to the use the parking area for the above mentioned times are posted. If not, please contact the City. 4. Keep the parking area free from all garbage, trash and other debris. 5. Remove all garbage, trash and debris from the parking area so that the parking area will be clean on each Sunday morning at 7:00 a.m. O. The Association must comply with the provisions of this section before the conduct of any games. III. PARKS AND RECREATION DEPARTMENT RESPONSIBILITIES A. The Parks and Recreation Department (PARD) will provide and maintain all game facilities, as identified in Exhibits "A" and "B". IV. EXHIBITS The City and the Association do hereby agree that the Exhibits attached hereto shall be part and parcel to this Agreement, as set out in their entirety. Exhibit "A" Field Maintenance Agreements Exhibit "B" Closure of Athletic Fields Exhibit "C" Concession Stand Agreement Exhibit "D" Field Requirements Exhibit "E" Checklist Requirements V. INDEMINITY The Association shall indemnify and hold harmless the City, its agents, officials, employees, and game officials, from any and all claims for bodily injury, illness, death and personal injury and property damage arising out of the activities or the Association and its members in exercising its rights under this Agreement. VI. SCHEDULING The City reserves the right to utilize facilities when league practice or games are not scheduled. If a facility is abandoned, this Agreement is terminated. VII. DEFAULT A violation of this Agreement shall result in the termination of this Agreement. Any termination of this Agreement will be made with a thirty- (30) day notice and the right to move within ten (10) days. This Agreement is made an entered into on this the 22nd day of August, 2005. Association President/Representative Printed Name and Signature City of Colleyville Recreation Supervisor Printed Name and Signature City of Colleyville Parks and Recreation Director Printed Name and Signature EXHIBIT "A" CITY-OWNED FIELD MAINTENANCE AGREEMENT 1. The Parks and Recreation Department (PARD) shall maintain all turf areas, which includes mowing, weed control, fertilization and herbicide spraying for the Pleasant Run Park Soccer practice and game Complex and Sparger Park. 2. The Parks and Recreation Department shall perform all pre-season turf maintenance to include top dressing and painting field marking lines at the Pleasant Run Park Soccer Complex. 3. The Parks and Recreation Department shall mark field lines, when deemed necessary, for scheduled league play and will respond to the requests of the Association. 4. The Parks and Recreation Department shall maintain game field goals and bleachers in a safe and secure condition. 5. The Parks and Recreation Department shall be responsible for the maintenance of any turf irrigation system and watering of the fields. 6. The Association is responsible for soccer goal nets. 7. The Association is responsible for the conduct of its players, parents and coaches throughout the specified time set forth in this Agreement. 8. The Association shall be prohibited from performing any maintenance to any turf areas without permission of the City. 9. The Association shall be responsible for the daily game day collection of all litter of the fields. The Association will encourage the collection of litter in the bleachers, concession areas, and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City will provide for the pick-up of these receptacles. 10. The Association will be assist in for monitoring restrooms and policing trash during all association events at Pleasant Run Soccer Complex. The city will furnish adequate trash receptacles. 11. All goals have been secured at Pleasant Run practice and game fields, Reagan Park, LD Lockett, and Sparger Park. The Association is not allowed to move these goals. The Association will submit a written request to the City when soccer goals are to be relocated. Small-sided goals at Pleasant Run game fields will be installed and removed by the Association before and after each use. The City will not be responsible for any liability with this. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT FOR THE SOCCER FIELDS The City will close the soccer fields under the following conditions: 1. The athletic fields are too wet for play. 2. The athletic fields need to be closed in the interest of participant safety and/or preservation of the playing surfaces. 3. The G-CISD determines that school fields are to be closed. PROCEDURES FOR ATHLETIC FIELD CLOSURE Weekdays 1. The primary responsibility to determine athletic field closure decision shall rest with the Parks Superintendent responsible for athletic field maintenance. The City will provide the Association Field Operations Manager with the names, addresses and telephone numbers of the Parks Superintendent or his designee responsible for athletic field maintenance. 2. The appropriate Association Field Operations Manager has the responsibility to inform the Association and participants concerning field closure decisions. 3. The City will inspect the athletic fields by 4:00 p.m. on game or practice day. 4. The City will make a decision based upon field conditions or the weather. 5. The decision of the Parks and Recreation Department will be final. 6. If inclement weather becomes a factor after the games have begun the game officials and/or Association officials shall follow the same guidelines for deciding cancellation or postponement. 7. A red flag will be raised to indicate the fields are closed. Weekends 1. The City will inspect all athletic fields by 4:00 p.m. on Friday. 2. If a decision is not possible at 4:00 p.m., a Parks and Recreation Department employee, in conjunction with the Association's Field Operation Manager, will monitor the weather and field conditions throughout the weekend and makes decisions on field closure(s), as needed. 3. The City will make a decision based upon field conditions or weather, if possible. 4. If the Association's Field Operation Manager and the Parks and Recreation Department employee do not agree, the decision of the Parks and Recreation Department employee takes precedence. 5. A red flag will be raised to indicate the fields are closed. EXHIBIT "C" CONCESSION STAND AGREEMENT 1. The Association shall have exclusive use of the concession stand at the Pleasant Run Park Soccer Complex for the duration of this Agreement. 2. The Association shall at all times during the duration of this Agreement maintain the inside of the concession stand and shall be responsible for all fixtures, appliances, and all equipment necessary for storage, preparation and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar City facilities in compliance with City, County and State statutes and ordinances and acceptable to applicable agencies. The City shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing and other structural components. 3. The Association is to have a seasonal inspection by the Tarrant County Health Department. The Association is responsible for any Health Department Certificates and a copy must be submitted to the city. 4. The Association shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc. generated by the concession stand. The City will furnish adequate trash receptacles. 5. The City shall furnish the Association with three (3) sets of keys marked Pleasant Run Soccer Complex concession stand, storage room and roll-up windows and the alarm code and password for the term of this agreement. The Association will provide to the city the names of the individuals who have these keys. 6. The Association shall be responsible for the installation, maintenance and service of all telephones. Written permission must be received from the City before any installations or repairs of utility and communication lines. 7. The City shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand following the end of the current season. 8. The City shall be responsible for underground utility lines and pipes leading to the concession stand. 9. The Association shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers, and air conditioners may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off season. 10. The Association shall at all times during this agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc. on the inside of the concession stand. 11. The Association shall be responsible for the security of the building property. 12. The Association shall be responsible for the total contents of the concession stand. Securing any insurance of all of the contents of the building is optional and will be the responsibility of the Association. 13. The Association must maintain a three-foot clearing from the electrical panel box in the storage area. 14. The City reserves the right to utilize the concession stands during times other than during this Agreement. 15. If facility is abandoned, this Agreement is terminated. EXHIBIT "D" COLLEYVILLE SOCCER ASSOCIATION Fall 2005 FIELD USE REQUIREMENTS LOCATION DATES DAYS TIME Pleasant Run 9/2 - 11/12 Saturdays 8 a.m.-10 p.m. Soccer Fields Mon-Fri 4 p.m.-10 p.m. Pleasant Run 8/15 - 11/12 Mon-Fri 4 p.m.-dark Practice Fields Saturday 8 a.m.-10 p.m. Sparger Park 8/15 - 11/12 Mon-Fri 4 p.m.-dark Heritage 8/15- 11/12 Mon-Fri 5:00 p.m.-dark Middle (subject to G-CISD approval) Colleyville Heritage 8/15 - 11/12 Mon-Fri 5:00 p.m.-dark High School (subject to G-CISD approval) Colleyville Soccer Association Representative Printed Name and Signature City of Colleyville Recreation Supervisor Printed Name and Signature City of Colleyville Parks and Recreation Director Printed Name and Signature EXHIBIT "E" CHECKLIST FOR THE YOUTH SPORTS ASSOCIATIONS USE OF THE CITY ATHLETIC FACILITIES ❑ Application submitted between sixty (60) and ninety (90) days of planned use. ❑ Upon request, the Association will provide the City of Colleyville copies of financial statements. ❑ Signed statement of athletic facility policy compliance is enclosed. ❑ Signed waiver of liability is enclosed. ❑ Field Layout requests are to be submitted to the City by August 15, 2005. ❑ City of Colleyville is named as an additional insured on the Certificate of Insurance, and submitted to the City by August 15, 2005. ❑ List of Association Board of Directors is enclosed with names and addresses, and submitted to the City by August 15, 2005. ❑ Game schedules are to be submitted to the City by August 26, 2005, with reference to picture day and its rainout date. ❑ A written report, which includes the total number of participants, including a breakdown of resident and non-resident participants and their addresses by November 1, 2005. ❑ Maintenance fees are to be submitted to the City by November 1, 2005 ❑ Non-resident fees are to be submitted to the City by November 1, 2005 2005 FACILITY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § This lease agreement is entered into between the City of Mesquite, Texas, hereinafter referred to as the "City", and the (Insert the name of the youth sports association) hereinafter referred to as the "Association", acting by and through their duly authorized representatives, respectfully. FOR AND IN CONSIDERATION of the mutual undertakings hereinafter set out, the parties agree as follows: I. DESCRIPTION OF PREMISES The City agrees to permit the use of its facility/ies known as (Insert the name and location of the City facilities) attached here to and made a part here of for all purposes,hereinafter called"Premises", for the term of this agreement. II. TERM The term of this agreement shall be from (Insert beginning date) through (Insert ending date) for the purpose of using the Premises for organizing and implementing athletic leagues on City of Mesquite Parks. The Association shall pay for such use the sum of One Dollar($1.00)payable in advance, upon the covenants and conditions as follows. At any time during the term of this agreement, either party may cancel by giving sixty (60) calendar days written notice to the other party. This right to cancel is exercisable with or without an occurrence of default as provided in paragraph XXI. hereof. If the Association fails to complete the formation of at least four divisions, composed of four teams per division, to use (Insert the name and location of the City facilities) and grant access to the required rosters for the 16 teams to the City on or before (Insert due date), this Agreement shall become null and void. The sixty-day notice will be waived, and the facilities will revert to the City for its use. III. ASSOCIATION AFFILIATION The City strongly encourages the Association to establish a direct affiliation, registration and membership with a state or national governing body or association that is specific to the Association's given sport. This state or national association must be recognized as a sport governing body that has been in existence for a minimum period of ten(10)years. IV. ASSIGNMENT/SUBLEASE The Association shall not assign this lease agreement nor shall it sublease or rent out any property of the City without prior written consent of the City. This provision includes any camps, scrimmages and/or tournaments. V. USE OF PREMISES The Association shall not engage in any business on the Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The City reserves the right to exclude any individual or group from its facilities based on conduct, which it determines in its sole discretion to be objectionable or contrary to City interests. The Association hereby consents to the exercise of such authority by City over its officials, agents and members. VI. NON-DISCRIMINATION During the performance of its respective duties and responsibilities, as related to the execution of this agreement, the Association shall not discriminate on the basis of race, creed, color, age, national origin, religion, sex or disability in accordance with current state or federal laws. VH. INDEMNIFICATION/INSURANCE The City shall not be liable to the Association or the Association's agents, officials, employees, contractors, members and participants for any damage to person or property caused by an act of negligence or malfeasance of the Association or the Association's agents, officials, employees, contractors, members or participants, and the Association agrees to indemnify and hold harmless the City, its agents, officials and employees and any umpire or official from any and all claims for any such damage arising out of the activities of the Association, its agents, officials, employees, contractors, members and participants. The Association shall provide the City at least ten (10) days prior to the beginning of each playing season with a policy of public liability insurance in a reasonable amount to be agreed upon by the City. 2 VIII. FOOD/DRINK SALES All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all City ordinances, county, state and federal statutes and subject to all applicable terms and conditions set forth in the "Concession Stand Agreement" attached hereto as Exhibit"B" (page 11). IX. CRIMINAL BACKGROUND CHECKS One of the primary goals of the City is to continually ensure the safety and welfare of its youth during their participation in all sports and athletic activities that occur on or in City athletic facilities. The Association shall conduct criminal background checks on all persons acting as head coaches, assistant coaches, board members and any other person acting in an official capacity with any organization directly overseeing the Association's youth activities. These checks shall be conducted prior to the beginning of each playing season and shall remain valid for the calendar year. The Association shall employ a reputable company licensed by the State of Texas to conduct such checks. The Association shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach. Should an individual be disqualified as a result of the check, the Association will prohibit that individual from serving in any official capacity with the Association's activities. The Association shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. Exhibit"D"—Criminal Background Investigation Policy is shown as an example of a City policy that the Association may wish to employ. The Association shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth related activities. An Association Board member shall sign this listing for final verification of the actions taken by the Association. X. COACHES TRAINING The Association shall furnish to the City at least ten (10) days prior to the beginning of each playing season a roster of all coaches involved in any Association activities related to this agreement. All Association coaches will be required to have completed a Coaching Youth Sports Certification Clinic training program equal to or as provided by the National Youth Sports Coaches Association (NYSCA) or the Texas Amateur Athletic Federation(TAAF). These coaches will also be required to have taken an oath related to a Code of Ethics Pledge as provided by these training programs or as per Exhibit "C" — Youth Coaches' Code of Conduct Pledge (page 14). Each Association coach must have completed both of these activities prior to participating in any Association sponsored practice or game. Said completion will be noted on the Coaches Roster that the Association will provide to the City. Those coaches that sign up to participate after the 3 original submittal of the Coaches Roster will be trained as needed in follow-up training sessions. They cannot coach until they have completed their required training. The Association will submit a supplement to the Coaches Roster with the new information as needed to update the City files within ten (10) days of completing the new coaches training. XI. ROSTERS AND SCHEDULES The Association shall furnish to the City rosters of all participants, listing where participants are domiciled and listing the full schedule for the season within thirty (30) days after the beginning of each playing season. Any additions or changes to any rosters and/or schedules will be submitted as a supplement to the City within two (2) weeks of those changes having been made. XII. NON-RESIDENT POLICY All City of Mesquite recreation programs and facilities are designed to benefit the Mesquite community first. Non-Residents may be charged a Non-Resident fee for certain activities or for use of certain facilities when the surrounding communities provide,or, should provide these same activities or facilities for their residents. XIII. USER FEES The Association shall pay the City a five dollar ($5.00) User Fee for each resident player enrolled in an Association sport for each playing season. Non-Resident players participating in any Association sports must pay a $15.00 User Fee for each playing season. The Association is responsible for identifying the Non-Resident players participants on their rosters. User fees must be paid in full to the City at the time that the rosters are furnished to the City. Rosters must be submitted with payment as required to verify the total number of participants and teams. XIV. FIELD LIGHTS The Association may utilize field lighting systems for league games at no cost to the Association. Lights for practicing may only be used with the consent of the City and with a fee of twenty dollars ($20) per one (1) hour per field used. Many field lighting systems have timing devices that are programmed to allow lights to be turned on at specific times. Manual lighting systems should not be activated any sooner than one hour 4 before sunset and must be turned off upon completion of activities. The Association agrees to stop all play by 10:30 p.m. for youth league games and 11:30 p.m. for adult league games. During tournaments, the Association agrees to stop all play by 11:30 p.m. Any exceptions to these guidelines must be approved in advance by the City. XV. USE BY CITY The City reserves the right to utilize the facilities when league games are not scheduled. If the Association completely abandons use of a particular facility, as determined by the City, this agreement as it pertains to that facility may be terminated by the City as provided herein. XVI. OFFICERS AND BOARD MEMBERS The Association shall submit to the City the names, addresses and phone numbers of all current officers and board members at least ten (10) days prior to the beginning of each playing season. The Association shall also post on their Internet Web site a copy of their most current board roster and contact information, constitution, bylaws, criminal background check policy, grievance procedures and playing rules at that same time. The Association shall post any adopted changes to this information in a timely manner as an update to the Association's Internet Web site. If the Association does not have an Internet Web site, the Association shall mail a copy of these documents to all of its Association members (parents, guardians, coaches, volunteers, etc.) before the Facility Use Agreement will be finalized. The City reserves the right to appoint a Parks and Recreation Department staff member to serve as a liaison to the Association's board. The liaison shall be a non-voting member of the board and shall not have a child that participated in that Association's sport at that time or in the preceding two years. The Association hereby consents to the exercise of this appointment by the City should the City deem this action a necessity to improve communications between the Association and the City. XVII. FINANCIAL RECORDS The purpose of requiring financial records is to allow participants the opportunity to effectively monitor the use of their money and to ensure that public facilities are not being used as a profit generator for any individual or group. It is intended that all funds raised by the Association be used directly for the athletic program that is the subject of this agreement. In that manner the City requires that the Association employ financial management systems that reasonably safeguard its financial resources. Financial 5 records should be developed and maintained in a way that is accessible and understandable to program participants. The Association must develop and submit to the City a financial management plan and financial records format. The adequacy of this plan shall be considered as a factor in determining whether to approve the Association's request for a Facility Use Agreement. The plan and fmancial records format must take into account all anticipated income and expenditure line items derived from the Association, associated organizations and concessions financial operations. This information must be submitted to the City at least 60 days prior to the approval of the Facility Use Agreement for the upcoming year. The Association shall provide their previous year's financial records and Federal Tax Return, if required by the Internal Revenue Service regulations, to the City by 2005. The financial records must be in the format as approved by the City with the issuance of the Facility Use Agreement. These documents are to be compiled by a certified public accounting firm (company of the Association's choice) at the time of submittal. The Association shall post a copy of this information on its Internet Web site or mail a copy of these documents to all Association members before the Facility Use Agreement will be finalized. For each month, or portion thereof, past the deadline that the requested information has not been turned in, a week will be deducted from the Association's requested use of the concession stands for their Association operations. The City may prohibit the use of any concession stand operations if the required financial documentation is not provided to the City as specified in this agreement. The City also reserves the right to call for a review of any Association financial records during the term that the agreement is in place including financial audits of the previous year's financial activities. XVIII. ASSOCIATION APPEALS PROCESS All Association members shall submit any concerns and/or complaints related to any Association operations to their respective Association under that Association's established grievance procedures. If an Association member does not get his/her grievance addressed or resolved, then that individual may appeal that issue to the City's Youth Sports Appeals Committee. This Committee's responsibilities shall be limited to the review of appeals related to any alleged violations of an Association's constitution and bylaws or this agreement. Should the Committee find that the Association is engaged in conduct that is objectionable or contrary to City's interests or detrimental to or against the public interests, the Committee may recommend that the City cancel this agreement should such conduct continue. The Parks and Recreation Advisory Board shall appoint this Committee. XIX. EXHIBITS It is especially provided and agreed by and between the Association and the City that the exhibits attached hereto shall be part and parcel of this agreement as if set out in their 6 entirety, said exhibits being: 1. FIELD MAINTENANCE EXHIBIT Exhibit "A" - City-Owned Field Maintenance Agreement 2. CONCESSION STAND OPERATION EXHIBIT Exhibit "B" - Concession Stand Agreement 3. YOUTH COACHES' CODE OF CONDUCT EXHIBIT Exhibit"C"—Youth Coaches' Code of Conduct Pledge 4. CRIMINAL BACKGROUND INVESTIGATION POLICY EXHIBIT Exhibit"D"—Criminal Background Investigation Policy Failure of the Association to comply with and implement the above policies, rules, regulations or conditions shall constitute a breach of this agreement as if the provisions of such policies, rules,regulations or conditions were set forth herein. XX. INDEPENDENT AGENT Nothing contained herein shall be deemed or construed by the parties hereto or by any third party, as creating the relationship of principal and agent, partners,joint ventures or any other similar such relationship, between the parties hereto. It is understood and agreed that no provision contained herein nor any acts of the parties hereto create a relationship other than the relationship of Lessor and Lessee. XXI. TERMINATION The violation of any of the provisions of this agreement constitutes a default, which may result in the termination hereof. In the event of such a default, the City may enforce the performance of this lease in any mode provided by law, and this agreement may be terminated at the City's discretion if such default continues for a period of ten (10) days after the City notified the Association of such default and the City's intention to declare the agreement terminated, such notice to be sent by the City by certified mail. Thereupon, unless the Association shall have completely removed or cured said default, this agreement shall terminate. The City's agent or attorney shall thereafter have the right, without further notice or demand and without resort to legal process,to re-enter and remove all persons and Association's property therefrom. Any such property which remains in or on the Premises after termination of this agreement shall be deemed to have become the property of the City and may be removed and disposed of by the City as the City sees fit, without resort to legal process and without the City being deemed guilty of any manner of trespass or becoming liable for any loss or damage which may be 7 occasioned thereby, and the City's agent or attorney may resume possession of the premises. Association Contact: City Contact: (Association President) Marco A. Cisneros,Director (Association Address) Parks and Recreation Department City of Mesquite P.O. Box 850137 Mesquite, Texas 75185-0137 XXII. AMENDMENTS, GOVERNING LAW AND VENUE Amendments and alterations to this agreement shall be made in writing. This agreement shall be governed by the laws of the State of Texas, and the parties agree that this agreement is performable in Dallas County, Texas. XXIII. SEVERABILITY If any provision of this agreement shall fail or be stricken for any reason whatsoever, the remainder of this agreement shall remain in full force and effect. This agreement is made and entered into on the day of , 2005. ATTEST: CITY OF MESQUITE, A TEXAS MUNICIPAL CORPORATION By: By: Judy Womack, City Secretary Ted Barron, City Manager Approved as to form: City Attorney or his designee 8 ATTEST: Association Name: Print Name: Title: By: Signature Print Name: Title: "Association" 9 EXHIBIT "A" CITY-OWNED FIELD MAINTENANCE AGREEMENT 1. The Parks and Recreation Department (City) shall maintain as available resources allow all turf areas on the fields to include mowing, weed control, fertilizing, herbicide spraying and irrigation. 2. The City shall perform all pre-season turf maintenance to include field lines. The City shall also provide sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The City shall cut and/or mark all field lines at least once/week or as needed. 4. The City shall maintain all goals, fences, and gates in a safe and secure condition. 5. The City shall maintain all bleachers in a safe and secure condition. 6. The City shall provide and maintain all area and field lighting systems. 7. The City shall be responsible for the maintenance of any field irrigation system and watering schedules of turf areas. It will be the City's option to implement any changes as needed in the watering schedules. 8. The City shall be responsible for the maintenance of any adjacent park irrigation systems and the scheduling of watering non-athletic turf areas. 9. The Association shall be responsible for daily game day policing of all litter on their field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in trash bags for pick up at a designated site. The City shall provide for the pick up of trash bags. The Association will be required to remove any loose litter thrown into receptacles or dumpsters. 10. The Association, with the approval of the City, will be responsible for the storage and the pick up of all equipment after the completion of each game i.e.. bases, drags, ladders, concession boxes, barbecue grills or any other items as needed. There will be no storage of any motorized vehicles in any Athletic Complex concession stands. 11. The Association shall be prohibited from performing any maintenance to any turf or field areas without written permission from the City. 12. The Association shall submit in writing to the City of Mesquite Parks and Recreation Department within 90 days before the start of each season any request for additions/renovations to game/practice sites. 10 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The Association shall have exclusive use of the concession stand(s) located on the Premises described in the Facility Use Agreement (the "agreement") between the City and the Association for the duration of said agreement. 2. The Association shall, at all times for the duration of the agreement, maintain the inside of the concession stand and shall be responsible for all appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar City facilities in compliance with City ordinances, county, state and federal statutes and acceptable to applicable agencies. 3. The Association shall comply with all state and City Health regulations governing the public sale of food and drink. The Association shall also be responsible for obtaining any Health Department Certificates, which may be required. 4. The Association shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand inside and outside of the complex area. The City shall furnish an adequate number of trash receptacles, and trash will be placed at a designated site for pick-up. 5. The Association shall be responsible for the installation, maintenance and service of telephones and public address systems. The City will work with the Association to coordinate installation, maintenance, and service of telephone and public address systems. All utility and communication lines will be installed below ground with the necessary utilities locate actions performed prior to any installation work being initiated. 6. The City shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand no later than December 15th following the end of the current season. If winter conditions necessitate winterizing before the end of the season, the City will notify the Association as soon as possible. 7. The City shall be responsible for underground utility lines and pipes leading up to the concession stand. The City will have all water to concession stands turned on by March 1st of each year unless freezing weather conditions are prevalent. 8. The Association shall be responsible for keeping on only the essential appliances during the season's non-use times. All appliances shall be unplugged and associated water lines unhooked during the off-season. Storage of any kind is prohibited in and around irrigation controllers and electrical breakers. 9. The Association shall at all times during the duration of the agreement be responsible for the sanitary conditions of the plumbing fixtures, equipment, walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand and the 11 corresponding restrooms. 10. The Association shall be responsible for the security of the building property to include any alarm systems and other security devices. 11. The Association shall be responsible for the total contents of the concession stand, securing any insurance for all of the contents and paying for insurance premiums. 12. The City reserves the right to utilize the concession stands and/or score booths during times not used by the Association. 13. If the concession stand is abandoned, this agreement may be terminated as provided in the agreement with the Association. 14. Any vehicle used by the Association for the operation of such concessions must comply with state vehicular inspection standards and be approved by the City for park areas and park users. Delivery trucks shall not be permitted within the park area unless there are existing service drives. Persons operating concessions shall see that the deliveries are made from designated service drives leading directly to the building. At fenced facilities, all delivery trucks are prohibited from pulling inside the fenced-in area. 15. The concession facilities shall only be operated by the Association, its agents, officers, employees, volunteers, and members, and such operation shall occur only during regularly scheduled league games. 16. The Association may use portable concession facilities to be operated by its agents, officers, employees, volunteers, and members and shall leave such portable concession facilities on park premises between games at the Association's expense and own risk. The Association shall not construct any permanent or semi-permanent structure on park property for the purpose of vending concessions. All portable concession/port-o-let facilities may be installed one week prior to the start of their season, at a City approved location, and must be removed from the premises within one week following the conclusion of their season. 17. All proceeds from the sale of such concessions shall only be used by the Association and its individual teams to foster and promote youth recreation in the City. 18. In case of default of any of the covenants herein, the City may enforce the performance of this agreement in any manner provided by law and pursuant to the agreement with the Association. 19. The Association shall take good care of the property and its fixtures and suffer no waste. The Association shall, at its own expense and cost, keep said premises in good repair. This includes, but is not limited to, keeping the waste water and water systems, closets, pipes and fixtures belonging thereto in good repair and 12 keeping the water pipes and connections free from obstructions to the satisfaction of the City during the term of the agreement. At the end or expiration of the term, the Association shall deliver up the demised Premises in good order and condition. The Association agrees to accept possession of the Premises in their present condition, and to allow for changes in such condition occurring by reasonable deterioration between the date hereof and the date the Association occupies said Premises. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. 20. It is agreed for all purposes hereunder, that the Association is and shall be an independent contractor and shall not, with respect to its acts or omissions hereunder or those of its agents, officers, employees, contractors, volunteers, members and participants, as well as its concession stand operators, be deemed an agent or employee of the City. 21. The City shall not be liable to the Association or the Association's agents, officials, employees, contractors, volunteers, members, participants or its concession stand customers for any damage to persons or property arising out of the activities of the Association or the Association's agents, officials, employees, contractors, volunteers, members, participants, and the Association agrees to indemnify the City from any and all claims for any such damage. The Association shall maintain a policy of public liability insurance as provided for in the agreement with the City. 13 ip MESQUITE T•E•X•A•S EXHIBIT "C" Youth Coaches ' Code of Conduct I hereby pledge to live up to the responsibilities of a youth sports coach and will abide by the following Mesquite Youth Coaches' Code of Conduct: Coach,please check off each code listed below signifying your acceptance of responsibility. I truly understand that youth sports are intended for the children and not for adults. I will place the well being of my players ahead of my personal desire to win. I will provide a safe and fun environment for all of my players. I will treat each player with respect and not use abusive language towards my players, parents, spectators and/or league officials. I will be knowledgeable of the rules of the sport that I coach and will teach those rules to all of my players. I will demonstrate good sportsmanship and fairplay towards my players and opponents. I agree that all youth sport coaches must have a criminal background check conducted on an annual basis, and it will be kept on file with my league officials. I agree that if I violate any of the above codes I may be disciplined and/or relieved from my duties by the league as a youth sports coach and/or league official. I further affirm that: 1. I have never been convicted(including crimes where a plea of"no contest"was entered) of a crime of child abuse, sexual assault, child neglect,murder, voluntary manslaughter, felony assault, arson,robbery, burglary, indecent exposure,public lewdness,terroristic threat, any offense against a minor, kidnapping or felony violation of the Controlled Substance Act. 2. I have never been twice convicted, in any combination, of Misdemeanor Assault or any level violation of the Controlled Substance Act. 3. I have not been twice convicted during the past seven years of any intoxication offense. 4. I have never been adjudged liable for civil penalties or damages involving sexual or physical abuse of children. 5. I have never been subject to any court order involving any sexual abuse or physical abuse of a minor, including but not limited to, a domestic order for protection. 14 Youth Sports League/Organization League Representative Date Coach's Signature Date Coach's Printed Name Coach's Team and Age Division 15 EXHIBIT "D" City of Mesquite Criminal Background Investigation Policy For Adult Volunteers in Youth Sports or Athletic Activities Statement The City of Mesquite, Texas, herein after referred to as the "City" has a desire to protect the safety and welfare of its youth during their participation in all sports or athletic activities that occur on or in City athletic facilities. Recognizing the nation-wide incidence of crimes against children requires pro-active steps to provide protection to children participating in organizations involving sports and athletic competition. The City requires that all adults, 18 years or older, that utilize the City athletic facilities as a part of any City sponsored youth sports or athletic activities shall be required to submit themselves to undergo a criminal background investigation prior to their participation as a head coach, assistant coach, board member or any other position acting in an official capacity with any organization directly overseeing any City sponsored youth sports or athletic activities. Procedure In order to screen all volunteers,board members, coaches and officials,the City must verify and implement the following procedures: A. Criminal Background Investigation The City will conduct or require that criminal background investigations be made of all adults volunteering to serve as coaches, board members or any other position acting in an official capacity with any organization directly overseeing any City sponsored youth sports or athletic activities. 1. After initial compliance and every twelve (12) months thereafter, all volunteers as stated above must undergo a statewide criminal background investigation. 2. Criminal background investigations must be performed prior to the volunteer being assigned any duties or responsibilities at any City sports or athletic facilities in accordance with the provisions herein. The City may determine the time of year the investigations are to be conducted depending on the beginning of their practice season(s) or events. 3. Game officials used who are not affiliated with the City are not subject to the City's criminal background investigation policy; however the City may choose to require those officials to submit to a criminal background investigation. 16 B. Grounds for Disqualification An individual convicted of any of the following criminal offenses provided herein shall be disqualified from participation as a volunteer in any City sponsored sports or athletic activities utilizing City sports or athletic facilities. Aggravated kidnapping Aggravated robbery Aggravated sexual assault Arson Assault* Any violation of the law intended to control the possession or distribution of any control- Crimes against children led substance or illegal drug Criminally negligent homicide Deadly conduct Delivery of marijuana DWI * Indecent exposure Injury to elderly or disabled Intoxication offenses * Kidnapping Marijuana possession * Murder Obscenity Prohibited sexual conduct Prostitution(including promotion of, aggra- Rape vated promotion of, solicitation) Sexual abuse Theft* Voluntary Manslaughter *NOTE: Assault / DWI / Intoxication offenses / Marijuana possession / Theft — Eligibility depends on the severity and length of time passed since the offense occurred. In misdemeanor convictions for these offenses, the disqualification will occur with a second misdemeanor conviction. This list of offenses is not intended to be all-inclusive and in no way sets limits on the offenses that are deemed grounds for disqualifying an individual from affiliation with the City. Decisions on all other crimes or offenses not otherwise described above will be made at the sole discretion of the City. If a volunteer is determined eligible for affiliation and is later arrested or convicted of any of the above crimes, he/she is required to notify the City immediately. He/she will be removed immediately from his/her volunteer position until the case has been finally adjudicated. Failure to notify the City of any arrests or convictions from the list above will result in the 17 volunteer being immediately removed from all City volunteer duties for a minimum of twelve (12)months beginning on the date the failure to notify was discovered. 18 CITY OF DENTON PARKS AND RECREATION DEPARTMENT 2002-03 CO-SPONSORSHIP AGREEMENT FOR YOUTH SPORTS ASSOCIATIONS This "Annual Co-Sponsorship Agreement" is made and entered this day of , between the City of Denton, Parks and Recreation Department and the The co-sponsored youth sport associations utilize public athletic facilities that are provided and maintained by, and at the cost, of,the City of Denton. In return for the use of those facilities,the associations hereby agree to abide by the following standards, requirements, and guidelines set by the City of Denton Parks and Recreation for all recreational youth sports. Failure to abide by these standards and guidelines could result in restriction of facility use or the cancellation of this co-sponsorship agreement. I. ANNUAL CO-SPONSORSHIP AGREEMENT Each Association will sign an Annual Co-Sponsorship Agreement with the City specifying league management and sports guidelines, insurance requirements,budget and fiscal controls, concessions, field scheduling, and follow the schedule of required documents and deadlines. This agreement will be renewed annually by the week of December 9,2002 for all baseball, softball and soccer groups, and by the week of February 3,2003 for football. The agreement will be signed prior to an Association advertising and taking registration for a new season. In the event that Parks and Recreation staff does not recommend renewal, the Association may appeal to the Parks and Recreation Board. II. LEAGUE MANAGEMENT AND SPORTS GUIDELINES A. Each Association will submit a statement to the Parks and Recreation Department annually regarding their league requirements for fair play time. This is to be submitted with the"Annual Co-sponsorship Agreement." B. Each Association will submit their game and practice schedules as well as any season tournaments or camps,in calendar form, at least two weeks prior to the beginning of the season. C. Each Association will establish a minimum and maximum roster for their teams. D. Teams must be selected in one of three ways or a combination of the three: 1. Open City-wide selection process to evenly distribute talent to each team in the league -OR- 2. Selected by the elementary school district in which participants live. Exceptions include the following conditions: a. Not enough to make a team, combine with nearest school or schools. b. Participants above 5th grade level must be selected by open citywide selection process. -OR- 3. Teams from outside the City of Denton and the corporate limits may join the Association's intra-league play, providing they register through the Association and pay all pertinent fees (non-resident and enhancement fee). Denton PARD Co-sponsorship policy states that "a minimum of 50% of the associations active membership must reside... in Denton". 4. Home vs Home: For those recreational leagues that don't have enough local teams in a division to form a league,50% of the games played must be home games. In this particular instance,no rental fees will be assessed for practice and/or games for these co- sponsored teams. E. After teams have been selected by either method in Section II, D 1 or D2, or D3, an appeal may be allowed in each league to consider special conditions of participants such as siblings, carpools,transportation requests, etc. All appeals must be considered on merit and may not provide a team an obvious advantage over any other teams in the league. F. Participants who have played together as a team in one age group and are still in the same elementary school district may be allowed to remain together as a team when moving to another age group,through grade 5. G. Each Association must comply with the following in the presentation of programs to the public: 1. Before practices or games can begin, each Association must have a mandatory background check completed on all coaches by a reputable organization that is approved by PARD. (New coaches added during the year must also have this completed) 2. It is recommended that all coaches complete a sport specific certification program through a PARD approved organization. 3. Under no circumstance should parents be used as umpires or officials unless they are affiliated with an insured umpires/officials/referees organization. 4. All participants will receive the same uniform in respect to parts and quality of material. 5. All teams in an age division shall be provided the same playing equipment in respect to number of items and quality of materials. 6. In naming divisions, no name may be used that may refer to inferior or lower level status of participants unless the name is a trademark of a nationally franchised organization approved as a co-sponsored association. 7. In an age division or league, non-traveling teams shall not be assessed any fees or perform fund raisers to support the higher costs of travel 2 and/or team expenses, i.e. special uniforms, except for expenses associated with post season all-star teams. 8. In all age grouping, division or leagues, each group shall have equal priority to available field use time. 9. In age grouping, divisions or leagues with traveling teams,the number of away games must equal or be less than the number of home games. 10. Any expansion or changes in Association programming that may affect field preparation or league programming,the Athletic Manager must approve allocation. This includes Associations who wish to offer "select team" practices and or games. Requests must be in writing, received and approved prior to signing of Annual Agreement. Decisions will be based on overall benefit to the participants. 11. All Associations will adhere to all City Ordinances that regulate use of City athletic facilities. 12. The following fees will apply to each Association: a. The Non-resident registration fee shall be in addition to all fees required to participate. Associations must pay a $5.00/fee for each non-resident player, per-season as indicated by City Ordinance. All teams that will be utilizing City of Denton fields will be charged this fee. b. Associations will assess an Enhancement Fee of$3.00/per registered player during the primary season that will be placed into a Park Foundation fund to be used for field enhancements according to the Enhancement Fee policy. Participants on scholarship will not be charged this fee. c. Leagues who elect to form "select" or"all-star" (non- recreational) teams in addition to their regular league play will need to pay standard City of Denton rental fees for home field usage for practices or games. This applies to "select" or"all- star" teams that play games outside of the recreational league play or participate outside of Denton. For league winners who advance to play elsewhere, 75% of the original team must be kept in order. Field rental fees are$7.50 per hour without lights and $15.00 per hour with lights. Reservations must be made at least 48 hours in advance and approved by the Athletics Manager. Rental fees must also be paid 48 hours in advance. Rental of fields to these"select" or"all-star" teams will be scheduled after the regularly scheduled recreational league practices or games. 13.No participants shall be denied access to the program on his/her inability to pay. A scholarship program must be established with criteria 3 evaluating the participant's ability to pay. Fees are to be set on a sliding scale, installment or grant basis. III. INSURANCE REQUIREMENTS All Youth Sport Associations shall be required to carry a minimum commercial general liability insurance with coverage of$300,000 with the City of Denton listed as an additional insured on their policies. Proof of this insurance will need to be submitted one(1)week before practice begins. In the case of a nationally franchised affiliation with a liability insurance program,the City may accept a different coverage. Additionally, Associations,by signing this agreement, indemnify, defend and hold harmless the City, its employees, agents, successors, assigns, sponsors and volunteers assisting in City activities, from any and all damages, claims or liability of any kind,whatsoever, by reason of injury to property or third persons occasioned by error, omission or negligent act by the Association, its officers, agents, coaches, employees, volunteers and participants in the Association's activities. It is also recommended that the Associations purchase an accident policy with$5,000 coverage to assist participants with minor medical bills. IV. BUDGET AND FISCAL CONTROLS A. Each Association will submit a projected budget prior to season registration. Within forty-five(45) days after each program season ends,copies of monthly bank statements for the previous season and a detailed financial report,which meets the established guidelines outlined in Section IV,A & B. shall be submitted with an end of season report indicating all final participation numbers. If you conduct a Spring& Fall season,you should submit a seasonal financial statement with an amended annual statement at the conclusion of both seasons. These reports should all be submitted within forty-five(45) days of the conclusion of each season. The report should include a cash flow report showing income, expenses, and all fund balances for all league play and any tournaments or camps. B. To assure some fiscal control,Associations will: 1. Use a checking account. No cash reimbursement above$50.00. 2. Keep all cancelled checks and records for three years. 3. Have checks over$200 signed by two members of the board. 4. Have Boards that must be made up of at least five members. 5. Have Boards that must have at least two meetings, one before and one after their season,which are open to the public and announced in the newspaper at least one week prior to the meeting. 6. The minutes from all board/officers meeting should be submitted to the Athletics Manager no later than 15 business days after the meeting. The Athletics Office also reserves the right to attend any board/officers meeting without notice. 7. Submit documentation that verifies valid Non-profit or 501 C (3) status. 8. There must be a separate line item within the financial reports for the payment of officials. (Officials are not to be paid directly from 4 concession receipts because of the potential of accounting errors and theft). 9. Submit accounting reports that detail all financial activity by using an accounting program such as Quicken or one that is approved by PARD. 10. Immediately notify Denton PARD, in writing, of any financial difficulty. 11. The City reserves the right to inspect the Association's books at any time, and it will be the Association's responsibility to provide all requested items. V. CONCESSIONS Sport associations may operate concession stands under the following guidelines: 1. This agreement applies only to the regular season. Post season must be scheduled and approved separately by the Athletic Manager. 2. If permanent City stands are available at a facility they will be available to the associations that have games scheduled at the location. If two or more associations play at the location, and two stands are available,they will alternate stands each year. 3. If only one stand is available at a facility, and if two associations are playing during the same season, associations will alternate seasons or years by agreement between the associations. When a facility is operating under an alternating arrangement, the groups operating the stand(s)will be responsible for opening for all regular season games of both groups unless only one game is being played. Prior to setting game schedules, both groups will be required to meet to discuss concession needs. 4. All stands must meet Health Department requirements. 5. Associations must do an inspection of concessions stands with PARD staff two weeks prior to the start of each season and no later than two weeks after each season. By doing so,this will provide ample time to note repair needs and note areas of concern. 6. Associations must pick up litter in the area of their stand on a daily basis including the break down of all boxes to be placed in the dumpsters located at each site. Associations will tie and remove all trash bags from cans that are 3/4 full or more and put in dumpster. Non-compliance with concession and litter collection will result in forfeiture of concession privileges by the association. 7. Associations are only permitted to run a concession stand if they have a current signed "Annual Co-sponsorship Agreement" in place with the City. 8. Associations may not sub-contract this operation out to a third party. They must operate these stands themselves, unless the Athletic Office provides written approval. 5 9. Associations co-sponsored by the City will not be required to pay a fee for the privilege of operating a stand. 10. Special events held in the park where sales of goods may occur such as opening and closing day events, camps, and fundraising events should be scheduled with the Parks and Recreation Department and are not covered by any separated concession agreements between associations. 11. Any other sales of concessions not identified in this agreement must comply and pay fees as required under current City ordinances. VI. FIELD SCHEDULING, FIELD/FACILITY ENHANCEMENTS,ALLOCATIONS AND TOURNAMENTS Denton PARD determines all available field allocations and reserves the right to schedule any and all make-up games or practices based on field availability and conditions. Fields will be made available for practice and games to co-sponsored associations anytime between the following dates: SEE ADDENDUM SHEET AT END OF AGREEMENT A. All fields must be reserved through the Athletics Manager for practices and games. Baseball/softball/football fields are closed to reservations and light use between December 1 and March 1. B. Field preparation requests MUST be submitted by the 20th of the month for the next month's activities. All game and practice schedules must be in calendar form. In regards to make-up games due to inclement weather,each Association will need to provide Denton PARD 2 business days notice in order to prepare the fields and to allow for adequate drying of playing surfaces. C. All fields will be maintained on a daily basis after approved schedule of games is provided to the City. Fields will be maintained periodically as needed for practice purposes. All fields will be marked on Fridays for the weekend. Additional field prep over the weekend will be the responsibility of the Association. D. Youth Baseball and Youth Softball cannot begin scheduled game play until April 1, 2003. Youth Soccer(12 and under)must complete scheduled games for the Spring Season by April 30,2003,but may schedule make-up games until May 15,2003. No games will be allowed to end after 9:00 pm for children 8 years of age and under. In the case of baseball and softball,no new inning will begin after 8:50 pm for children 8 years of age and under. E. The Athletic Manager must approve fall programs. All requests are due no later than Friday,June 13,2003. Consideration will be given to field availability and maintenance impact. Associations may be responsible for reasonable maintenance work during the fall(example: dragging and lining of fields) FIELD/FACILITY ENHANCEMENTS If an Association would like to make any enhancements to a field or facility they must obtain written approval by Denton PARD. These requests must be submitted to the Athletics Manager. 6 FIELD ALLOCATION There are a total of 20 useable slots per field per week. Associations may be assigned to any of the 20 slots. Fields are allocated to the associations based on number of participants registered. For example,if there are 1000 total participants registered to play at one complex and"A"has 600 registered and`B"has 400 registered,then"A"would be given 60%of slots available at the complex and`B"would be given 40%of slots available at the complex. If useable slots are not being used and fields remain empty,Denton Parks and Recreation Department reserves the right to take over field scheduling. The department has approved the following field assignments. DALL will retain use of Evers#10& #11, along with the adjacent concession stand. DBBI will retain use of Evers#1 &#2, along with the adjacent concession stand. Denton Girls Softball is assigned to Denia and the adjacent concession stand. The department does reserve the right to change field or concession assignments. DAYFL will retain the use of the football field at North Lakes and the concession stand during the Fall months(primary season). Denton Youth Soccer will have the rights to the concession stand adjacent to the North Lakes football field during Spring 2003. Field allocation remains in effect through July 30, except for assignments made for Evers fields#1,#2,#10,&#11. Registration numbers must be given to Athletic Manager at least two weeks before practices may begin. TOURNAMENTS & CAMPS Due to the increase in requests for field allocations to host co-sponsored tournaments and camps,and the added impact on personnel and operational budgets,the City of Denton Parks and Recreation Department will determine the types of tournaments and camps that will be co-sponsored and the responsibility of the requesting groups when hosting these activities. Each Association may charge a tournament gate fee for the one co-sponsored tournament,however 25% of the admission fee must be returned to the City of Denton within one(1)week of the conclusion of the tournament. A financial report must also be submitted with the check that details revenue collected from the gate fee. Tournaments within the parameters of league play: Intra-league tournaments for Associations that have one pre or post-season tournament as part of the recreational league,will be co-sponsored by PARD. These tournaments may only take place within the allowable dates according to the Co-Sponsorship Agreement. Associations will be responsible for picking up trash. Parks will provide extra trash bags if needed. Fields will be marked on Friday for the weekend. Additional field prep will be the responsibility of the Associations. Invitational tournaments and camps: The Denton Parks and Recreation Department will co-sponsor ONE invitational tournament and ONE camp per season at no cost. If an association wishes to host 7 additional invitational tournaments or camps and fields are not being used for league play or previously rented,fields may be scheduled through the Athletic Manager at the current rental rate of$7.50/field/hour with no lights and$15.00/field/hour with lights. No deposit will be required. Fields will be prepared on Friday for the weekend. Additional field prep will be the responsibility of the Associations. If an Association needs weekend maintenance by the Athletic Field Crew,a fee of$20.00/hour/field will be charged for morning preparation of the fields. A review of the tournament bracket will be used to calculate fees. ANY FIELD REQUESTS WILL BE DUE TO THE ATHLETIC MANAGER NO LATER THAN THE THURSDAY PRIOR TO THE TOURNAMENT BY 4:00 PM. A fmal settlement will be made on Monday for time used. Associations will be responsible for picking up trash over the weekend. Parks will provide extra trash bags. A fee of$10.00/man-hour will be charged and added to the fees if the Athletic Field Crew has to pick up trash on Monday. VII. USE OF STORAGE UNITS AND FIELD LIGHTS A. Associations may purchase storage units and place them at a site in the park that has been designated by the department. Units must meet standards set by the department. B. Two light keys will be given to each league in order to manually override the light program in case of a system failure. League officials will be held responsible for ensuring that lights are turned out at the conclusion of play in this situation. Associations who fail to do so will be assessed a utility bill of$10 per hour per field for the additional cost of electricity. Each association must also pay the department a$200 deposit two weeks preceding the start of practices. The deposit will be used to pay any unnecessary utility bills or to replace lost keys. The deposit will be returned at the conclusion of the season after above costs,if any,have been deducted. Failure to abide by this policy may result in loss of light key privileges. 8 VIII. SCHEDULE OF REQUIRED DOCUMENTS AND DEADLINES The attached sheet summarizes all required documentation to the City of Denton,Parks and Recreation Department. All forms are to be submitted to the Athletics Manager at the following address: Athletics Manager Denton Parks and Recreation Department 321 E.McKinney Street Denton, Texas 76201 If required documents are not submitted in a timely manner,the City of Denton reserves the right to terminate this agreement including field prep,concession privileges,and field lights. If any Association loses their Co-sponsorship status, they will forfeit all rights to co-sponsored use of ALL athletic fields,concession privileges and field lights. IX. AGREEMENT APPROVAL The person executing this agreement on behalf of the Association,or representing themselves as executing the agreement on behalf of the Association warrants that they have been fully authorized by the Association to execute the Agreement and that they will comply and uphold all terms and provisions contained herein. Signature: City Representative: Association: Title: Date: Date: THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME,the undersigned authority, a Notary Public in and for said State of Texas,on this day personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes, and consideration therein expressed,and in the capacity as set forth therein. WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE this the day of ,A.D. NOTARY PUBLIC,DENTON COUNTY, 11,XAS 9 Schedule of Required Documents & Deadlines 1. Co-Sponsorship Agreement—prior to January 1 AND prior to the Association advertising and taking registration for a new season. 2. Association bylaws—with the Co-Sponsorship Agreement 3. Statement of Fair Play time—with the Co-Sponsorship Agreement 4. Minimum/Maximum roster requirements—with the Co-Sponsorship Agreement 5. Projected Budget—with the Co-Sponsorship Agreement 6. Projected Start Dates—with the Co-Sponsorship Agreement 7. Insurance—one week prior to practice 8. Game& practice Schedule(in calendar form)—two weeks prior to the season 9. Light key deposit of$200 --two weeks prior to beginning of practices **A MINIMUM 48 HOUR NOTICE MUST BE GIVEN FOR MAKEUP/RAINOUT RESCHEDULES. FIELDS MAY NOT BE PREPARED AND LIGHTS NOT ACTIVATED IF NOTICE ISN'T GIVEN. THE DEPARTMENT WILL UPDATE THE RAINOUT INFORMATION BY 4:00PM MONDAY THROUGH FRIDAY. ASSOCIATIONS SHOULD INSTRUCT COACHES AND PARTICIPANTS TO CALL 349-8276 AFTER 4:00PM TO OBTAIN FIELD CONDITIONS AND ADHERE TO THE DECISION MADE BY THE DEPARTMENT. WEEKEND CANCELLATIONS ARE UP TO THE DISCRETION OF THE LEAGUE,UNLESS NOTED ON THE RAINOUT NUMBER. 10. Player Roster—one week prior to the season 11. Weekly Status Report—weekly during the season submitted by Tuesday 12. Board/Officers meeting minutes—no later than 15 business days after the meeting 13. Final Game Schedule—two(2)weeks after the season begins 14. Final Player Roster— 10 days after the last scheduled game 15. Non-resident fees— 10 days after the last scheduled game 16. Enhancement fees— 10 days after the last scheduled game 17. End of Season Summary Report—45 days following the last scheduled game 18. Financial Statement—45 days following the last scheduled game 10 2003 ADDENDUM FOR FIELD SCHEDULING AND ALLOCATION Associations Ages Location Practice Season Game League Season Youth Baseball 13 &up Mack Park March 1—July 19 March 31—July 19 August 4—November 2 August 4—November 2 Youth Baseball 5-12 Evers Park March 1—July 19 March 31-July 19 August 4—November 30 August 4—November 30 Youth Softball 5-18 Denia Park March 1—July 19 March 31-July 19 August 4—November 30 August 4—November 30 Youth Football 5-12 North Lakes August 4—November 30 August 4-November 30 Youth Soccer 4-12 North Lakes January 25—May 17 *February 1-May 17 August 4—November 30 August 4-November 30 13-19 North Lakes March 15—May 31 March 15—May 31 13-19 North Lakes August 4—November 30 August 4—November 30 *Note: Soccer must finish regularly scheduled games by April 30,but may schedule make-ups until May 17 ADDENDUM FOR FIELD USAGE The following are items that are mandated by City Ordinance and should be adhered to when conducting any activity within the Denton Parks system: 1. Contact the Fire Marshall (940-349-8156),to secure a Fire Code Permit, if a tent larger than 200 sq. ft or a canopy tent larger than 400 sq. ft will be used. A fire extinguisher is required for these tents and the fee associated with the permit is $25 2. If an outside vendor(non-DYSA member)will be selling ANY goods during any portion of the year,that individual or group will need to purchase a vendor permit. This permit can be purchased at the Civic Center. The fees are: $15 per day for non-profit or$25 per day for profit. 3. NO ALCOHOL IN ANY PARK AREA INCLUDING PARKING LOTS (alcohol may be consumed in Civic Center Park,but can not be sold without a permit) 11