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									                                                                                          Wylie City Council
CITY FWYLIE                                                   NOTICE OF MEETING


                                   Regular Meeting Agenda
                                       September 8             2009      00
                                                                         6 pm
                              Wylie Municipal Complex                 Council Chambers
                                         2000 Highway              78 North


                        Eric   Hogue                                                             Mayor
                        M G Red            Byboth                                        Mayor Pro Tem
                        David Goss                                                                   Place 1

                        Kathy Spillyards                                                             Place 3
                        Bennie Jones                                                                 Place 4
                        Rick White                                                                    Place 5
                        Carter Porter                                                                 Place 6




                        Mindy       Manson                                                   City Manager
                        Richard Abernathy                                                     City Attorney
                        Carole Ehrlich                                                       City Secretary


In accordance with Section 551
                           042              of the    Texas Government Code this     agenda has been posted at the Wylie
Municipal Complex         distributedappropriate
                                           to   the               news   media     and    posted on the City website
www within the required time frame As a
wylietexas
gov                                                              courtesy the   entire Agenda Packet has also been posted

on the City of Wylie website www
                             wylietexas
                             gov

The   Mayor and City Council request       that all cell phones and pagers be turned    off or   set to   vibrate Members          of the
                                                                                                                    conduct       phone
audience    are   requested   to   step outside the Council Chambers     to   respond   to   a   page     or   to             a


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 Office at 972 or TD
                                                                        s                     8100
                                                                                              442
442
972
8170




CALL TO ORDER
Announce the presence     of a Quorum



INVOCATION                    PLEDGE OF ALLEGIANCE




PRESENTATION


            Presentation and                            of   Wylie 9 1 1 Telecommunicators R Corbin                                Fire
                                      Recognition
            ChieJ

            Presentation to Citizens            Emergency Response            Team      CERT          Class 2 Graduates

            R Corbin      Fire     Chief
                                                                     Council   Regular Meeting Agenda                                       Page   2 of 6
September 8      2009                              Wylie City


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  3three        minutes     In addition Council is       not

allowed   to converse       deliberate   or    take action     on   any matter   presented during           citizen   participation




CONSENT AGENDA
All   matters   listed under the Consent         Agenda    are      considered   to   be routine by the City Council and will be enacted by
 one motion There will not be separate discussion of these items                            If discussion     is   desired that item will be removed
from the Consent Agenda and will be considered separately

A          Consider and act upon approval of the Minutes of the August 25 2009 Regular
           Meeting of the Wylie City Council C Ehrlich City Secretary

                                                                                the                                                        Mayor to
B          Consider and              upon Resolution No 2009 24 authorizing
                                     act                      R
           execute      a    MultiYear Step Program Grant Agreement in the amount of                                                       481
                                                                                                                                           68
                                                                                                                                           59
           for2010 78 for 2011 and 88 for 2012
                   91
                   009                     75
                                           493                                                                        with the State of Texas

           Department of Transportation J Duscio Police Chief


C          Consider and             act upon        acceptance of the construction of the 12
                                             approval and                      final
           inch water line                     and the Newport Harbor Electrical Conduits
                                     along Spinnaker Way
           and authorize final payment to 2L Construction LLC in the amount of 1785
                                                                                 961
           and accept the project as complete C Holsted City Engineer


D          Consider and              act upon Ordinance No 2009 24                                      amending regulations                to   Zoning
           Ordinance No 2001 48                        Article         6 expanding                the Downtown Historic District to
           include property               on     Ballard Avenue north of Brown Street ZC 200904                                              R 011ie
           Planning Director

 E          Consider and                 act     upon        Ordinance           No         2009 25           amending         the     zoning from
            Commercial Corridor CC District to Commercial Corridor with                                                                  Specific     Use

            Permit      SUP         for   a    252foot Radio Tower           CC wSUP District                                to be located         along
            the northwestern                  portion        of     Wylie Municipal Complex ZC                                 2009 05       R 011ie
            Planning Director

                                                          Final Plat for McKee                    Addition Block A                 Lot   1 creating
 F          Consider and            act upon          a                                                                                                     a

            commercial             lot    on     830
                                                 0   dedicatingacre                             rights ofway             and    a     24foot       access

            easement          on   theproperty      property is generally
                                                               The                                                 located northwest of SH 78
            and Eubanks            Lane R 011ie Planning Director


 G          Consider and place  file the Monthlyon                                    Revenue and             Expense Report for             the   Wylie
            Economic Development Corporation as                                       of   July 31          2009  S Satterwhite              Executive

            Director WEDC


 H          Consider and act upon a request from Wylie Prepatory Academy to sell apparel
            and request a gate fee as a donation towards offsetting costs for games held at
            Community Park for the fall 2009 season B Nelson Parks and Recreation
            Superintendent
                                                                                                                         Page   3 of 6
September 8   2009                         Wylie City Council Regular Meeting Agenda



RECESS CITY COUNCIL




CALL TO ORDER
PARKS           RECREATION FACILITIES DEVELOPMENT CORPORATION


1      Consider and act upon approval of the Minutes from the December 9 2008 Special
       Called Meeting of the Wylie Parks and Recreation Facilities Development

       Corporation 4B C Ehrlich City Secretary

                                             approval      of the FY200920010 4B                    Budget     and     authorizing
2       Consider and            act upon
                              for the FY2009 2010      Community                          Services        Facilities       Capital
        expenditures
        Improvement            Plan      L Vaughan Finance Director




ADJOURN




RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL



REGULAR AGENDA


General Business


 1      Consider and             act upon Ordinance No 2009 26           adopting the City                     of    Wylie budget
        and    appropriating            resources   for   Fiscal Year 2009 2010 beginning                      October     1 2009
        and    ending September 30             2010       L Vaughan Finance Director

        Executive Summary
        The tax ratebeing proposed for Fiscal Year 2009 2010 is 0 per 100 of assessed valuation The
                                                                   8989
        attached summary  of all operating and capital funds includes the budget for the Wylie Economic
        Development Corporation

 2      Consider and act upon ratifying the property tax increase reflected in the
        approved City of Wylie Fiscal Year 2009 2010 Budget L Vaughan Finance
        Director

        Executive     Summary
        H No 3195
        B                     was                the 2007 Legislative Session creating a new requirement for the
                                    approved during
        approval     of the         Under Section 4 subsection C the bill states Adoption of a budget that will
                               budget
        require raising more revenue from property taxes than in the previous year requires a separate vote of the
         governing body to ratify the property tax increase reflected in the budget A vote under this subsection is in
         addition    to   and separate from the vote to   adopt   the   budget   or a   vote to set the tax rate   required by Chapter
         26 Tax Code         or other law




 3       Consider           and act upon        approval      of the Fiscal Year 20092010 4B                           Budget     and
         authorize expenditures for the Fiscal Year 2009 2010 Community                                       Services Facilities

         Capital Improvement Plan L Vaughan Finance Director
                                                                                                                   Page   4 of 6
September 8   2009                          Wylie City Council Regular Meeting Agenda

       Executive Summary
       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   cent sales tax for parks recreation and library

       projects   As set out in the Articles of Incorporation the Board has the power to authorize the expenditure
       of sales tax receipts for projects approved by the City Council Further the Bylaws state that It shall be
       the duty and obligation of the Board to finance and implement the Community Services Facilities Capital
       Improvement Plan as adopted by the Wylie City Council

4      Consider and  act upon Ordinance No 2009 27 fixing the tax rate levy for Tax Year
        2009 and for the Budget Year FY2009 2010 at 0 per 100 of assessed
                                                       8989          00
        valuation L              Vaughan        Finance   Director

        Executive    Summary
        The tax rate needed to fund the FY2009 2010           budget   is 0 per 100 of assessed valuation
                                                                          89890                                        The tax

        rate is broken down with 0 being used for operations and maintenance and 0 being used
                                                                                   34868
                                 55022                                                                to

        fund the General Debt Service Fund This tax ordinance will generate levies of 12 for the
                                                                                      268
                                                                                      229
        General Fund and 7 for the I
                          837
                          749               S Fund The adopted Fiscal Year 2009 2010 budget requires the

        support of this ordinance for funding


5       Consider and              act upon Resolution No 2009 25
                                                              R                      approving          the    City of Wylie
        current Investment         required by the Texas Government
                                         Policy     as                                                        Code Chapter
                                                                                                                            for
        2256 Public Funds Investment Act Subchapter A Authorized Investments
        Governmental Entities L Vaughan Finance Director

        Executive        Summary
        Texas Government Code     requires that the governing body of an investing entity review its investment
        policy     not        annually The governing body should adopt a written instrument by rule order
                         less than
                  or resolution stating that it has reviewed the investment policy and that the written instrument
                                                                                                                   so
        ordinance
        adopted shall record any changes made to the investment policy The current Investment Policy was

        approved December 12 2006 No changes are currently being made to it

 6      Consider andact upon Ordinance No 2009 28 finding that the current rates of
        CoSery Gas Ltd Are unreasonable approving CoSery Gas Ltd revised and
                                                                s
        uncontested tariffs setting the effective date of                     new    tariffs      as   of October    1 2009
                                                                                                 CoSery
        finding          rate   case   expenses reasonable finding that any relief requested by
        Gas Ltd not             specifically  granted herein is denied finding that the meeting at which
        this ordinance is          is open to the public as required by law providing for
                                    passed
        notice of this ordinance to CoSery Ltd and providing an effective date


        Executive        Summary
        On     about December 18 2008 CoSery Gas Ltd CoServ or Company
              or                                                                        filed its Statement of Intent to

        change gas  rates in all municipalities within the CoSery System This ordinance represents the Coalition of
        Cities exercise of its         jurisdiction to evaluate the reasonableness of natural gas rates charged within
                                     original
         city   limitsThe ordinance approves CoSery Gas Ltd revised tariffs applicable to residential and
                                                           s
         commercial service in the City of Wylie The revised tariffs reflect the agreement reached between the
         Coalition of Cities served by CoSery of which Wylie is a member and CoSery regarding CoServ  s

         Statement of Intent to increase         rates



 7       Consider and                                 amending Ordinance No 200616
                                  act upon Ordinance No 2009 29
         and Chapter 74 Article VII Graffiti Vandalism of the City of Wylie Code of

         Ordinances for the purpose of revising regulations relating to the removal of
         graffiti on private property J Assistant City Manager
                                      Butters

         Executive       Summary
         The Texas State         Legislature recently passed    HB 2086 which went into effect          September 1 2009 One
         provision       of HB 2086 states that Cities cannot   charge property   owners   for   graffiti removal unless the City
                                                                                                                               Page   5 of 6
September 8     2009                            Wylie City Council Regular Meeting Agenda

        has    previously        clean up the graffiti for free and the property owner has refused this offer If a
                                offered   to
                                                                 the City the City can then declare the graffiti a
        property owner does refuse free graffiti remediation by
                                                                                                      Our current
        public nuisance obtain access to the property clean up the graffiti and charge the owner
        Graffiti Ordinance is in conflict with HB 2086


8       Consider and act upon accepting a bid and entering into lease agreement on 65
        acres of City property to be used for hay production J Holcomb Purchasing

        Manager

         Executive Summary
         Competitive         were solicited
                              bids            for the lease of certain City owned real property consisting of

         approximately  65 acres located on what is commonly referred to as the Wells Property The resulting lease
                                                                         for the sole purpose of hay production The
         agreement would provide for temporary use of the property
                                                                                                  weeds The term of
         primary benefit to the City is to prevent the property from becoming overgrown with
         the lease would be for a period of one year with an option to renew for one additional one year




9        Consider and act upon acceptance of the resignation of Lisa Palomba and
         appointment of a new Board Member to the Construction Code Board to fill the
         unexpired term of July 1 2009 to June 30 2011 M McAnnally Building Official

         Executive Summary
         Due to the resignation of Ms Lisa Palomba the Building Department is requesting the Mayor and Council
         select and appoint a person to fill the vacant position of Board Member to the City of Wylie Construction
         Code Board Ms Palomba notified us that due to unexpected personal obligations she must resign as a
         Board Member


10       Consider and act upon acceptance of the resignation of David Willey and
         appointment of a new Board Member to the Parks and Recreation Board to fill the
         unexpired term of July 1 2008 to June 30 2010 B Nelson Parks and Recreation
         Superintendent

         Executive           Summary
         Due to the          resignation of Mr    David   Willey   the Parks and Recreation Division is       requesting the Mayor and
                                                              fill the vacant                of the Board Member   to the City of Wylie
         Council select and           appoint a   person to                       position
         Parks and Recreation Board                Mr    Willey   notified   us   that due to   unexpected personal obligations he must
             resign   as a   Board Member




 READING OF ORDINANCES
                                                       required by Wylie City Charter           Article III Section 13 D
 Title and   caption approved by Council          as




 EXECUTIVE SESSION
 Recess into Closed Session in            compliance   with Section 551 et Texas Government Code
                                                                    001 seq                                           to wit




     551 Consultation with
     071                                          Attorney        Closed     Meeting
     Pursuant to Section 551 Texas Government
                         071                                                    Code            Consultation with attorney for the

     city regarding

                         Placement of Kiosk Plazas                 on   Private      Property
                                                                                                                                     Page   6 of 6
September 8       2009                          Wylie City Council Regular Meeting Agenda



     551 Deliberation
     072                                Regarding       Real       Property         Closed  Meeting
      Pursuant to  Section 551
                            072                        Texas        Government           Code deliberation         on        certain matters

      concerning real property


                         Discussion      regarding       the sale of        property generally located             at   3      Street and

                         Highway      78




RECONVENE INTO REGULAR SESSION
Take any action            as a   result from Executive Session



ADJOURNMENT




CERTIFICATION
                                                                   this   4 day ofSeptember        2009 at 5 p
                                                                                                           00 m         as   required by    law in
I   certify   that this Notice    of Meeting   was   posted   on

accordance with Section 551
                        042                          the Texas Government Code and that the                 appropriate       news   media     was
                                             of
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                                                         AGENDA REPORT

                                       2009                  Item Number             Presentation
Meeting Date            September 8
                                                                                           City Secretary
                                                                                                s           Use   Only
Department              Fire Department

Prepared By                                                  Account Code

Date   Prepared         September 1    2009                  Budgeted   Amount

                                                             Exhibits


           Sub

Presentation and   Recognition   of City of Wylie 9 1 1 Telecommunicators




       Recommendation




         Discussion
Public Service Telecommunicators       are        City of Wylie When an emergency occurs the prompt
                                             vital to the
response of police officers firefighters paramedics and emergency medical
                                                                          technicians is critical to the

protection of life and preservation of property

Wylie   Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency
services     Wylie Public Safety Telecommunicators are the single vital link for our police officers and
firefighters by monitoring their activities by radio providing them information and insuring their safety

Each  dispatcher should be recognized    for   exhibiting compassion understanding   and   professionalism during        the

performance of their job

In conjunction of recognizing our Public Service Telecommunicators we also would like to observe a moment
of silence in recognition and remembrance of September 11 2001 for those who lost their lives and honor the
heroic actions of our nation first responders and Armed Forces and reaffirming the commitment to defending
                      s
the people of the United States against any and all future challenges



         A    roved B
                                                            Initial                              Date
                                                            RC                                  09 09
Department Director
City Manager                                                in ON
                                                                                                             Page    1 of 1
                                                   Wylie City Council
CITY    OF     WYLIE



                                           Minutes
                                      Wylie City Council
                              Tuesday August 25      2009  6 pm
                                                           00
                         Wylie Municipal Complex       Council Chambers
                                    2000 Highway     78 North




CALL TO ORDER
Announce the presence   of a Quorum

Mayor     Hogue called the meeting to order at 6 p with the following Wylie City Council
        Eric                                   01 m
members  present Mayor   ProTem Red Byboth Councilwoman Kathy Spillyards Councilman
David Goss Councilman Carter Porter Councilman Rick White and Councilman Bennie Jones


Staff present were City Manager Mindy Manson Assistant City Manager Jeff Butters City
Engineer Chris Hoisted Fire Chief Randy Corbin WEDC Executive Director Sam Satterwhite
Public Services Director Mike Sferra Planning Director Renae 011ie Building Official Mike
McAnnally Police Chief John Duscio Finance Director Linda Vaughan Library Director
Rachel Orozco City Secretary Carole Ehrlich Public Information Officer Craig Kelly and
various support staff



INVOCATION                PLEDGE OF ALLEGIANCE


Reverend   Raymond H Perry pastor for the Trinity Friendship Baptist Church Wylie Texas
gave the invocation and the Flaming Cobra Patrol Scout Troop presented the flags and led the
Pledge of Allegiance Scouts present included Dan Barnhart Austin Byboth Caleb Benson
Gavin Pugh Samuel Martinez Brandon Spiegal Andrew Spiegal and Tanner Gowing
Leaders of the    Flaming Cobra Patrol present included Brenda Byboth Den Leader Scott
Stewart Assistant Den leader and Roger Barnhart Pack 1049 Cub Master


PRESENTATION


        Presentation of Proclamation for Muscular       Dystrophy Association Day E Hogue
        Mayor

Mayor Hogue read         a   proclamation designating September 7   2009   as   Muscular   Dystrophy
AssociationDay


                                         MinutesAugust 25 2009
                                           Wylie City Council
                                                Page 1
CITIZENS COMMENTS ON NON AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda Residents must provide their
name and address   Council requests that comments be limited to three 3 minutes In addition Council is not
allowed   to converse     deliberate   or   take action   on   any   matter   presented during citizen participation

There     were      no   citizens      present wishing to address the Wylie City Council during Citizens
Comments


CONSENT AGENDA
All   matters   listed under the Consent      Agenda   are     considered     to   be routine by the City Council and will be enacted by
one   motion  There will not be separate discussion of these items                    If discussion is desired that item will be removed
from   the Consent Agenda and will be considered separately


A          Consider and           act upon  approval of the Minutes of the August 11                                   2009   Regular
           Meeting       of the   Wylie City Council C Ehrlich City Secretary

B          Consider and act upon approval of Amendment No 2 to the Engineering Services
           Agreements in the amount of 570 with Birkhoff Hendricks and Conway
                                       200
                                       00
           L for the Newport Harbor Pump Station Nortex Pump Station and NTMWD
           P
           Pump Station Improvements C Holsted City Engineer

C          Consider and act upon approval of a Final Plat for Wylie Municipal Complex
                                                              14
           Block B Lot 1 establishing a commercial lot on 7 acres and designating
           easements on the property The property is generally located north of SH 78 and

           approximately 1 feet east of Eubanks Lane R 011ie Planning Director
                         200

D          Consider and place on file the City of Wylie Monthly Revenue and Expenditure
           Reports as of July 31 2009 L Vaughan Finance Director

Council Action


A motion         was     made    by Councilman White seconded by Councilman                                 Jones to approve the
Consent         Agenda    as   presented A vote was taken and the motion passed                             70


REGULAR AGENDA


Public Hearings


1          Hold     a   Public    Hearing      Wylie Fiscal Year 20092010 Proposed Budget
                                                on   the   City      of
           and provide                          opportunity to be heard either for or against
                                all interested persons               an

           any item in the proposed budget and set and announce the date time and place of
           the meeting at which Council will vote on the final proposed budget L Vaughan
           Finance Director


Staff Comments


Finance Director  Vaughan addressed Council stating that a public hearing is required to be held on the
Fiscal Year 2009 2010 Proposed Budget She explained that all interested persons should be given an
opportunity to be heard either for or against any item on the proposed budget She reported that at the

                                                       Minutes August 25 2009
                                                          Wylie City Council
                                                               Page 2
end of the     hearing the Wylie City     Council will schedule the date time and place that the vote will be
taken   on   the final
                     proposed budget

Public Hearing


Mayor Hogue opened the public hearing for the FY 2009 2010 proposed budget at 6 p 16 m
asking anyone wishing to speak on this item to come forward and keep their comments to three
minutes


No   one was      present wishing    to address Council     on   the FY 2009 2010   proposed budget

Mayor Hogue         closed the    public hearing      16 m
                                                   at 6 p


Council Discussion


City Manager Manson addressed Council explaining that the proposed budget tonight was the same
budget as presented at the budget work session She reported that the not for profit donations of
37 was still part of the proposed budget pending direction from the council That direction could be
000
given tonight or at the September 8 2009 council meeting

Councilman Goss    suggested due to the economic downturn and the need to continue assisting the Wylie
Meals   onWheels Program voiced at the budget work sessions that the city take the funding that had
been set aside for council meals and allocate those funds to the Wylie Meals on Wheels Program City
Manager Manson reported that the amount set aside for council meals was 2 In addition to the
                                                                             750
Meals on Wheels allocation direction from council was to leave the 37 in an account to be used for
                                                                   000
future events that had been proposed to be discontinued due to budget constraints Councilman Goss
noted that he felt the funding should not stay in an account but actually be used for events during the
year that benefited the     community

Council Action


A motion      was    made   by Councilman Porter        seconded   by Councilman Goss to set September 8
2009 at 6 p in the Council Chambers of the Wylie
        00 m                                                          Municipal Complex 2000 Highway 78
North Wylie TX as the date time and place at which the                Wylie City Council will vote on the final
proposed budget          A vote   was   taken and the motion     passed 7 0


Tabled From July 28 2009


Council Action


A motion      was    made   by Mayor     ProTem    Byboth   seconded    by   Councilman White to   remove   Item
2 consideration of expansion of the Downtown Historic District from the table and consider A
vote was taken and the motion passed 7 0



2        MOTION TO REMOVE FROM TABLE Continue a Public Hearing and consider
         and act upon amending regulations to Zoning Ordinance No 2001 48 Article 6 as
         it relates to the proposed expansion of the Downtown Historic District to include
         property on Ballard Avenue north of Brown up to approximately 419 North Ballard
         on the west and Block 1 Tract 48 of the Truett Abstract on the east ZC 200904 R

         011ie Planning Director




                                              Minutes   August 25 2009
                                                   Wylie City Council
                                                        Page 3
Staff Comments


Planning Director 011ie addressed Council stating that at its July 28 meeting Council tabled the subject
request to allow staff additional time to visit with property owners to ensure that those affected are fully
aware of the impact of the proposed changes Staff met with the Downtown Merchants Association and

presented an overview of the proposal Part of the discussion included the advantages disadvantages as
mentioned by those citizens in attendance at the July 7 Planning and Zoning Commission meeting In
addition staff stated the overall vision for the Downtown Historic District and by preserving the historic
feel and allowing a mixed use low intense commercial type environment would benefit in keeping
downtown vibrant She reported that the consensus of the downtown merchants present was that there
was no downside to extending the district



Ms 011ie reported that staff had the opportunity to speak with a representative from St Anthony Catholic
                                                                                        s
Church in regards to their opposition of the request The church stance is that they feel inclusion of the
                                                             s
church properties would limit their options for the use of the land

Public   Hearing

Mayor Hogue opened the public hearing for the extension of the Downtown Historic District at
6 p asking anyone wishing to speak on this item to come forward and keep their
26 m
comments to three minutes


The following citizens spoke in opposition to the proposed extension of the Downtown Historic
District


Rita Smith residing at 401 N Ballard Wylie TX
Reverend Andrew Semler St Anthony Catholic Church
                              s
Christine Walk residing at 408A N Jackson Street Wylie TX
John  Orlando residing at 3109 Glenwood Drive Wylie TX ETJ Representing St Anthony
                                                                            s
Catholic Church
John Fitzpatrick residing at 103 Oak Street Wylie TX
Rob Baldwin residing at 40C Exposition Dallas TX Representing St Anthony Catholic
                                                                   s
Church
Martin Warborg 21 Cedar Bend Trail Lucas TX Representing St Anthony Catholic Church
                                                            s

Mayor Hogue        closed the   public hearing for Zoning                      50 m
                                                            Case No 2009 04 at 6 p


Council Discussion


Mayor Hogue asked Planning Director 011ie how this proposed change would affect St
Anthony Catholic Church Ms 011ie replied that in her opinion this change would have very
s
little affect on the church there are regulations that is what zoning is but the proposed zoning
change does allow the church a lot of flexibility For instance if they were to decide to build a
school under the current ordinance the spacing for required parking would be much more that
the relaxed requirements under the historic district zoning Because it is a commercial structure
their guidelines are different than residential and the brick currently used would be allowed
within the DTH zoning


Mayor Hogue asked Planning Director 011ie if she as the planning director foresaw
commercial in the extended DTH Ms 011ie replied that she foresaw a mix of residential and
commercial businesses in the DTH She explained that the outside of the commercial business
might look like a residential property but under the DTH zoning the city would have control over
the look of the commercial business structures giving a look of historic with commercial usage



                                            Minutes August 25 2009
                                               Wylie City Council
                                                    Page 4
Mayor ProTem Byboth and Councilman Porter voiced concerns with a letter received by the
Catholic Diocese of Dallas claiming that the proposed change to DTH would restrict the
exercise of the Parish religious activities Mayor ProTem Byboth asked Planning Direct 011ie if
                 s
in the past any church was restricted from exercising their religious activities in the Downtown
Historic District Planning Director 011ie stated that no church had been restricted from
performing religious activities within the DTH She explained that through state laws
municipalities have no authority to restrict any church in the performance of their religious
activities nor can they restrict where a church is built Reverend Semler St Anthony Catholic
                                                                               s
Church responded      to the questions stating that he was happy with the relationship between
the church and the city but felt with the new proposed zoning it would limit how the church
could to worship as we are called as Christians He requested that the church be left out of
the proposed DTH extension Mayor ProTem Byboth voiced his concern with regard to
considering what is in the best interest of all the taxpayers of the City of Wylie He stated that
with the large amount of tax exempt property within the city including the church he wanted to
consider what was best for the taxpaying public of the city and assisting the businesses in the
downtown area He noted that he was prepared to ask for consideration of a compromise that
would appease not only the church but the taxpaying citizens of the city as well


Mayor ProTem Byboth announced that he had a motion for the council to entertain that would
not only protect the church wishes but would benefit the overall downtown district This option
                     s
will protect the old church structure and all of the property on Ballard Avenue and allows the
church to enjoy their land under the current zoning


Council Action


A motion     was     by Mayor ProTem Byboth seconded by Councilman Porter to approve
                      made
amendments to zoning ordinance 2001 48 Article 6 as it relates to the proposed expansion of
the downtown historic district to include those properties north of Brown Street fronting the west
side of Ballard Avenue to approximately 419 North Ballard on the west and approximately 100
feet of frontage on the east parallel to the eastside to Ballard Avenue A vote was taken and
the motion passed 70


Mayor Hogue        asked for   a   short   recess   to allow everyone in attendance a chance to join other
citizens   on   S 78 to welcome the
                H                            troops coming in from    overseas and returning home at 730
p
m


Mayor Hogue reconvened             the   meeting    at 8 p
                                                       00 m     thanking everyone   who   participated   in the
Welcome Home celebration



3          Hold   a       Hearing and consider and act upon amending the zoning from
                      Public
           Commercial Corridor CC District to Commercial Corridor with Specific Use
           Permit SUP for a 250foot Radio Tower CC w SUP District to be located along
           the northwestern portion of Wylie Municipal Complex ZC 2009 05 R 011ie

           Planning Director

Staff Comments


Planning Director 011ie addressed Council stating that the city is proposing to construct a 252 tall Radio
Tower Radio Television or Microwave Tower as defined by the ordinance is allowed by SUP only within
the Corridor Commercial zoning district The Zoning Ordinance requires a Special Use Permit as a means
for developing certain uses in a manner in which the proposed use will be compatible with adjacent



                                              Minutes    August 25 2009
                                                    Wylie City Council
                                                         Page 5
property and consistent with the character of the area Special use permits are required where site
specific impacts may exist that require additional review to ensure compatibility between uses

Ms 011ie reported that the Wylie Planning Commission recommended the SUP for approval by council at
avote of 6 1 Some of the comments returned by property owners opposing this tower were to find some
way to cover the tower aesthetically

Fire Chief Corbin addressed Council explaining that the tower was required to join with other cities for the
new communication system Chief Corbin reported that this system would give continuous coverage from

Wylie to Allen Plano and Murphy He reported that this new system would greatly improve
communications for dispatch              police and fire He asked the Wylie City Council             to consider   approval

Public Hearing


Mayor Hogue opened the public hearing for Item 3 at 8 p asking anyone present wishing to
                                                    05 m
               come forward and keep their comments to three minutes
address Council to


Alan Adkins 6600 LBJ Freeway Ste 160 Dallas and representing the C Beckham properties
                                                                            T
addressed Council stating that he understood the need for the tower but asked Council for consideration
of   some   type of aesthetics     to   place around the     tower


With   no   other citizens   wishing     to address     Council Mayor Hogue closed the public hearing at 8 p
                                                                                                         25 m


Direction from Council to staff            was   to research cost effective materials that could be           placed   around the
tower for aesthetics but not hinder           security   at the site


Council Action


A motion   was made by Councilman White seconded by Councilman Porter to approve

amending the zoning from Commercial Corridor CC District to Commercial Corridor with
Specific Use Permit SUP for a 252 foot Radio Tower CC        W SUP District to be located
along the northwestern portion of Wylie Municipal Complex ZC 2009 05 A vote was taken and
the motion passed 7 0



General Business


      4     Consider and act upon Ordinance No 200922 renaming Valley Stream Circle                                            to
            Cedar Valley Drive in the Bozman Subdivision R 011ie Planning Director

Staff Comments


Planning     Director 011ie addressed Council             stating   that   on   very   rare   occasions it becomes necessary to
rename or     renumber     a   street to   ensure   safety and general welfare of the citizens of the City of
                                                    the health
Wylie  is to rename a street Due to public safety concerns staff is requesting a street name change within
the Bozman Subdivision The subdivision was final platted in 2003 and created 278 residential lots with
22 common area lots Valley Stream Drive is a double loaded street with twenty one 21 residential
single family dwellings The addresses range from 1301 through 1324 Valley Stream Drive curves into
Valley Stream Circle There are twenty eight 28 residential single family dwelling units along Valley
Stream Circle The homes on Valley Stream Circle are addressed from 1300 to 1333 With the confusion
of the street names and numbers it can and will delay emergency response Over the course of several
months there have been a number of incidents where public safety has been dispatched to the
subdivision and actually went to the wrong street

Ms 011ie reported that         forty    nine letters  were mailed out with two returning opposing comments and one

responding     with   positive   comments         Ms 011ie stated that she had been in contact with the Postal Service
to find out what would be          required      for those property owners affected by the name change The postal
                                                       Minutes August 25 2009
                                                          Wylie City Council
                                                               Page 6
      only requires a letter from the city showing the formal name change She reported that the title
service
companies would not require any change as they reference by property lot description only

Fire Chief Corbin reported that the name change was required for emergency responses He reported
that response time is hindered due to the duplication of like address numbers and similar street names



Citizen Comments


The following citizens spoke in favor of Ordinance No 2009 22 renaming Valley Stream Circle


Chris Morris residing at 1304 Valley Stream Circle Wylie TX
Brian  Michelle Thomason residing at 1316 Valley Stream Circle                  Wylie   TX
Emmett Jones residing 1210 Chestnut Hill Drive Wylie TX



Council Discussion


Councilman Goss requested that the name be completely different than Valley Stream Circle or Cedar
Valley Drive Planning Director 011ie reported that she had checked the list of city names and Clear
Creek Drive was not currently being used


Council Action


A motion       was   made   by Councilman Goss seconded by Councilman Jones to approve
Ordinance No 2009 22          renaming Valley Stream Circle to Clear Creek Drive in the Bozman
Subdivision A vote       was taken and the motion passed 7 0




    5     Consider and act upon Ordinance No 200923 creating                             a   construction work   zone

          for traffic and temporarily reducing the rate of speed                        on   FM 1378 from Brown
          Street to Parker Road           C Holsted City Engineer

Staff Comments


City Engineer  Holsted addressed Council stating that on May 26 2009 Council awarded a construction
contract to L H Lacy Company for the reconstruction of FM 1378 from Brown Street to Parker Road Lacy
has started construction of the outfall storm sewer lines and will begin work in the road right of way within
a few days Due to the proximity of the workers and equipment to the existing travel lanes it is necessary
to reduce the speed on the roadway to 35 miles per hour The ordinance is written such that when the
project is completed the speed limit will revert to the pre construction limit of 45 miles per hour

Council Action


A motion   was made by Councilman Porter seconded by Councilman Jones to approve
Ordinance No 2009 23 creating a construction work zone for traffic and temporarily reducing the
rate of speed on FM 1378 from Brown Street to Parker Road A vote was taken and the motion
passed      70


READING OF ORDINANCES
Title and   caption approved by Council   as   required by Wylie City Charter   Article III Section 13D




                                                 Minutes  August 25 2009
                                                     Wylie City Council
                                                          Page 7
   City Secretary     Ehrlich read the      captions     or             s
                                                              Ordinance No 2009 22 and 2009 23 into the
   official record


   Mayor Hogue announced            that there would be       no   executive session at this time


   EXECUTIVE SESSION
   Recess into Closed Session in   compliance   with Section 551 et Texas Government Code
                                                             001 seq                                to wit




         551 Deliberation
         072                       Regarding      Real   Property      Closed   Meeting
         Pursuant to Section   072
                               551               Texas Government          Code deliberation   on   certain matters
         concerning real property


                   Placement of Kiosk Plazas         on   Private     Property


   RECONVENE INTO REGULAR SESSION
   Take any action    as a   result from Executive Session



   ADJOURNMENT


   With    no   further business before the        Wylie City Council a motion was made by Councilman
   Porter seconded by Councilman White to                                      45 m
                                                        adjourn the meeting at 8 p Consensus of the
   Wylie City Council was to adjourn




                                                          Eric Hogue      Mayor




ATTEST




Carole   Ehrlich City Secretary




                                                 Minutes August 25 2009
                                                    Wylie City Council
                                                         Page 8
                                                                                     Wylie City               Council

CITY       OF   WYLIE                                                      AGENDA REPORT

                                           2009                  Item Number              B
Meeting Date                 September 8
                                                                                                     s
                                                                                                City secretary    Use   Only
Department                   Police Department

Prepared By                  Chief John Duscio                   Account Code

Date                         August 31 2009                      Budgeted   Amount
       Prepared
                                                                 Exhibits                 2


            ect
            Sub
                                                                  to execute a Multi Year Step
Consider and act upon Resolution No 2009 24 authorizing the Mayor
                                              R
Program Grant Agreement in the amount of 68 for 2010 78
                                             481
                                             59           009 for 2011 and 88 for
                                                          91                    493
                                                                                75
2012 with the State of Texas Department of Transportation




       Recommendation
Motion to approve Resolution No 2009 24 authorizing the Mayor to execute a Multi Year STEP Program
                                     R
Grant Agreement in the amount of 68 for 2010 78 for 2011 and 88
                                 59
                                 481               91
                                                   009                      493 for 2012 with
                                                                            75
the State Texas Department of Transportation




           Discussion

The Texas Department of Transportation has awarded the City of Wylie a Multi Year Grant for FY 20102012
The grant money is to be used to pay off duty officers to work traffic enforcement The grant requires
                                                                                                      the Police
                                                                  The local match requirement for 2010 equals
Department to focus on speeding violations and DWI arrests
                                                                                                               in
254
59
18          2011         37 and 2012 equals 56 The match amount will be incorporated
                         168
                         01
                        equals                           832
                                                         75
the 2010 2012 annual       budgets

                                                          to lock in the award amount          the next 3 years   regardless   of
The benefit of the multi year      grant is the ability                                 over


the    availability   of TXDOT   funding   The match amount does increase      annually




           A roved B
                                                                 Initial                               Date

                                                                  JD                                  09
                                                                                                      8
                                                                                                      31
 Department       Director

 City Manager


                                                                                                                    Page 1 of   1
                                            RESOLUTION NO 2009
                                                          R
                                                          24


            A RESOLUTION OF THE CITY OF WYLIE TEXAS AUTHORIZING
            THE MAYOR TO EXECUTE A MULTI YEAR STEP PROGRAM
            GRANT AGREEMENT IN THE AMOUNT OF 68 FOR 2010
                                               59
                                               481
                                     FOR 2012 WITH THE STATE OF
            78 FOR 2011 and 88
            009
            91                75
                              493
            TEXAS DEPARTMENT OF TRANSPORTATION


         WHEREAS the                    acting through the Texas Department of Transportation
                                    State of Texas
                                                   the Traffic Safety Act of 1967 and the Highway
pursuant to Texas Transportation Code Chapter 723
                                                                              beneficial to award a
Safety Performance Plan for Fiscal Years 2010 through 2012 has deemed it
multi year 2010 2012 STEP Program Grant and


         WHEREAS the goal of the STEP Program Grant is                         to increase effective enforcement and

adjudication      of traffic
                     safety             related laws to reduce fatal and serious   injury crashes reduce the number
of DWI related crashes injuries             and fatalities and to increase     occupant restraint use in all passenger
vehicles and

                                                                                                                     STEP
        WHEREAS the Texas Department of Transportation has awarded the City of Wylie                             a

                                                          and 88 for 2012
                                                              75
                                                              493
grant in the amount of 68 for 2010 78 for 2011
                       59
                       481           009
                                     91

    NOW THEREFORE                         BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

WYLIE TEXAS

       SECTION 1 That the City of Wylie hereby certifies that the                      matching share for this       STEP

grant will be allocated in the 2010 2011 and 2012 annual budgets

                                                                                        to execute the STEP      Program
          SECTION 2 That the             City of Wylie hereby authorizes the Mayor
Grant    Agreement with         the   State of Texas Department of Transportation




          DULY PASSED AND APPROVED                        by    the   City Council of the City of Wylie   on   this the   8
day of September         2009




                                                         Eric   Hogue Mayor
 ATTEST




 Carole Ehrlich City Secretary




 Resolution No 2009 24
                    R
 Multi Year STEP      Program   Grant
 Texas   Dept   of Transportation
        Texas Traffic               Safety eGrants

                 Fiscal Year 2010

Organization   Name        City    of   Wylie

Legal   Name   City   of   Wylie

Payee Identification Number 17560007191006

Project   Title STEP        2010    Comprehensive

ID 2010 Wylie S MYG Yr1 0089

             30
             2010
Period 10 to 09
       01
       2009




                                                     Page   1 of 47
 City   of   Wylie
 STEP        2010    Comprehensive


              TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT


THE STATE OF TEXAS
THE COUNTY OF TRAVIS



THIS AGREEMENT IS MADE BY and between the State of Texas acting by and through
the Texas Department of Transportation hereinafter called the Department and the City
of Wylie hereinafter called the Subgrantee and becomes effective then fully executed by
both        For the
        parties                of this agreement the Subgrantee is designated as a
                             purpose                                             n
Local Government


                                                                the Traffic   Safety   Act of 1967 and
AUTHORITY Texas              Transportation Code Chapter 723
                                                             Year 2010
the   Highway Safety Performance Plan for the Fiscal


Project      Title STEP      2010   Comprehensive




Grant Period This Grant becomes effective           on   10 or on the date of final signature
                                                         2009
                                                         01
of both parties whichever is later and ends         on   09 unless terminated or otherwise
                                                         2012
                                                         30
modified

              485
              35
Total Awarded 306


Amount        Eligible for   Reimbursement   50
                                             194
                                             210


Match Amount          112
                      274
                      85




  2010    Wylie S MYG Yr1 0089                       2009
                                                     28
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 City of Wylie
 STEP      2010    Comprehensive


            TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT


The  signatory of the Subgrantee hereby represents and warrants that shehe is an officer
of the organization for which she he has executed this agreement and that she he has full
and complete authority to enter into this agreement on behalf of the organization

              THE SUBGRANTEE                             THE STATE OF TEXAS
                                              Executed for the Executive Director and
                                              Approved   for the Texas      Transportation
City of Wylie                                 Commission for the purpose and effect of
                                              activating and or carrying out orders
Legal    Name of   Agency                     established   policies work programs
                                                                       or

                                              approved   and authorized by the Texas
                                              Transportation Commission

B
                                              By
By
                                              District Engineer   Texas     Department   of
Authorized Signature
                                              Transportation




Name                                          Name




Title                                         Title


Date                                          Date


Under the authority of Ordinance or           By
Resolution Number for local government
If Applicable                                 Director Traffic OperationsDivision Texas
                                              Department of Transportation Not required
                                              for local project grants under 100
                                                                             00
                                                                             000
Resolution Number                             Date




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                                              2009
                                   Printed On 8                                         3 of 47
                                                                                 Page
    City   of   Wylie
    STEP        2010    Comprehensive


                                          Program Element           Selection

YEAR LONG

7
1 DWI                     DWI   Driving   While Intoxicated

I     Speed              Speed Speed Enforcement
      OP                 OP    Occupant Protection Safety Belt            and Child
I                                                                                     Safety Seat
7
1 ITC                     ITC Intersection Traffic Control


WAVE
                         Jurisdiction wide   DWI enforcement effort must be focused at locations
      DWI                where there is    an over representation of alcohol related crashes and or

                         DWI    arrests

                         Jurisdiction wide Speed enforcement should be focused on areas where
      Speed              there is at least a 50 noncompliance with the posted speed limits and or
                         a   higher   number of   speed   related   crashes

      OP                 Jurisdiction wide




CMV

      Speed       OP
                         CMV Commercial Motor Vehicle HMV Hazardous                               Violations
      and HMV                                                                            Moving


      Note If      a    DWI component is selected above                   SFST letter is
                                                                     an                    no   longer required
      to be submitted with the            proposal




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                                                         28
                                                                                                  Page   4 of 47
City of Wylie
STEP      2010    Comprehensive


                                  General Information




Project   Title                                       STEP     2010   Comprehensive

How many years has your       organization received   This will be   our   third year
funding for this project



Project   Director Name                               Michael Atkison




Organization      Address                             2000 N   Highway       78


                                                      Wylie   TX 75098



Mailing   Address




Multi Year   Proposal Selection




2010   Wylie S MYG Yr1 0089                  28
                                             2009
                                  Printed On 8                                           5 of 47
                                                                                  Page
 City   of   Wylie
 STEP        2010    Comprehensive
                                        Texas Traffic        Safety Program

                     GRANT AGREEMENT GENERAL TERMS AND CONDITIONS


ARTICLE 1 COMPLIANCE WITH LAWS


The   Subgrantee       shall   comply with   all federal state and local laws statutes codes
ordinances rules and           regulations   and the orders and decrees of any courts or
administrative bodies   tribunals in any matter affecting the performance of this
                               or

Agreement including without limitation workers compensation laws minimum and
maximum salary and wage statutes and regulations nondiscrimination laws and
regulations and licensing laws and regulations When required the Subgrantee shall
furnish the    Department       with   satisfactory proof     of its   compliance therewith

ARTICLE 2 STANDARD ASSURANCES


The  Subgrantee hereby assures and certifies that it will comply with the regulations
policies guidelines and requirements including 49 CFR Code of Federal Regulations
Part 18 49 CFR Part 19 OMB Office of Management and Budget Circular A 110 OMB
Circular A 87 OMB Circular A 102 OMB Circular A 21 OMB Circular A 122 OMB
Circular A 133 and the Department Traffic Safety Program Manual as they relate to the
                       s
application acceptance and use of federal or state funds for this project Also the
Subgrantee       assures   and certifies that


   A     It possesses legal authority to apply for the grant and that a resolution motion or
         similar action has been duly adopted or passed as an official act of the applicant
                                                                                  s
         governing body authorizing           the       application including all understandings
                                                    filing   of the
        and assurances contained therein and directing and authorizing the person
        identified as the official representative of the applicant to act in connection with the
        application and to provide such additional information as may be required
      B It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
        Public Law 88 352 as amended and in accordance with that Act no person shall
        discriminate on the grounds of race color sex national origin age religion or
        disability
      C It will comply with requirements of the provisions of the Uniform Relocation
        Assistance and Real Property Acquisitions Act of 1970 as amended 42 USC
        United States Code 4601 et seq and United States Department of
        Transportation USDOT regulations Uniform Relocation and Real Property
        Acquisition for Federal and Federally Assisted Programs 49 CFR Part 24 which
        provide for fair and equitable treatment of persons displaced as a result of federal
        and federally assisted programs
      D It will comply with the provisions of the Hatch Political Activity Act which limits the
        political activity of employees See also Article 25 Lobbying Certification
      E It will comply with the federal Fair Labor Standards Act minimum wage and
                                                                s
        overtime requirements for employees performing project work
      F It will establish safeguards to prohibit employees from using their positions for a




 2010   Wylie S MYG Yr1 0089                            28
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                                                                                              Page
City   of   Wylie
STEP        2010    Comprehensive

       purpose that is or gives the appearance of being motivated             by a   desire for private
       gain for themselves or others particularly those with whom             they   have   family
        business      or   other ties
  G It will    give   the   Department the   access    right to examine all records books
                                                         to and the

    papers or documents related to this Grant Agreement
  H It will comply with all requirements imposed by the Department concerning special
    requirements of law program requirements and other administrative requirements
  I It recognizes that many federal and state laws imposing environmental and
    resource conservation requirements may apply to this Grant Agreement Some but

    not all of the major federal laws that may affect the project include the National
    Environmental Policy Act of 1969 as amended 42 USC 4321 et seq the Clean
    Air Act as amended 42 USC 7401 et seq and sections of 29 USC the Federal
    Water Pollution Control Act as amended 33 USC 1251 et seq the Resource
    Conservation and Recovery Act as amended 42 USC 6901 et seq and the
    Comprehensive Environmental Response Compensation and Liability Act as
    amended 42 USC 9601 et seq The Subgrantee also recognizes that the U           S
    Environmental Protection Agency USDOT and other federal agencies have issued
    and in the future are expected to issue regulation guidelines standards orders
    directives or other requirements that may affect this Project Thus it agrees to
    comply and assures the compliance of each contractor and each subcontractor
    with any such federal requirements as the federal government may now or in the
    future promulgate
  J It will comply with the flood insurance purchase requirements of Section 102 of
                                                                                a
    the Flood Disaster Protection Act of 1973 42 USC 4012a Section 102
                                                          a                    a
    requires on and after March 2 1975 the purchase of flood insurance in
    communities where such insurance is available as a condition for the receipt of any
    federal financial assistance for construction or acquisition purposes for use in any
    area that has been identified by the Secretary of the Department of Housing and

     Urban Development as an area having special flood hazards The phrase federal
    financial assistance includes any form of loan grant guaranty insurance payment
     rebate subsidy disaster assistance loan or grant or any form of direct or indirect
        federal assistance
  K     It will assist the    Department   in its   compliance   with Section 106 of the National
        Historic Preservation Act of 1966           as   amended   16 USC 470 et seq Executive
        Order 11593 and the         Antiquities     Code of Texas   National Resources Code
        Chapter 191
  L     It will comply with Chapter 573 of the Texas Government Code by ensuring that no
        officer employee or member of the Subgrantee governing board or the
                                              s
        Subgrantee
        s              subcontractors shall vote or confirm the employment of any person
        related within the second degree of affinity or third degree by consanguinity to any
        member of the governing body or to any other officer or employee authorized to
        employ or supervise such person This prohibition shall not prohibit the employment
    of a person described in Section 573 of the Texas Government Code
                                         062
  M It will ensure that all information collected assembled or maintained by the
        applicant relative to this project shall be available to the public during normal
        business hours in compliance with Chapter 552 of the Texas Government Code




2010   Wylie S MYG Yr1 0089                         28
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STEP        2010    Comprehensive
        unless otherwise   expressly provided by law
  N    If applicable it will comply with Chapter 551 of the Texas Government Code                       which
       requires all regular special or called meetings of governmental bodies to be                   open
       to the public except as otherwise provided by law or specifically permitted in                 the
       Texas Constitution


ARTICLE 3 COMPENSATION


  A The method of           payment for this Agreement will be based         on   actual costs incurred
        up to and not to exceed the limits specified in the Project Budget The amount
        included in the Project Budget will be deemed to be an estimate only and a higher
       amount       be reimbursed subject to the conditions specified in paragraph B
                    can

        hereunder If the Project Budget specifies that costs are based on a specific rate
       per unit cost or other method of payment reimbursement will be based                     on   the
       specified method
   B All     payments will be made in accordance            with the   Project Budget

       The   s
             Subgrantee expenditures may overrun a budget category I II or III in the
       approved Project Budget without a grant budget amendment as long as the
       overrun does not exceed a total of five 5 percent per year of the maximum amount

       eligible for reimbursement TxDOT in the attached Project Budget for the current
       fiscal year This overrun must be offset by an equivalent underrun elsewhere in the
       Project Budget

        If the   overrun   is five
                              5 percent or less the Subgrantee must provide written
        notification to the Department through the TxDOT Electronic Grants Management
        System eGrants messaging system prior to the Request for Reimbursement being
        approved The notification must indicate the amount the percent over and the
        specific reason for the overrun
                  s

       Any overrun of more than five 5 percent of the amount eligible for reimbursement
       TxDOT in the attached Project Budget requires an amendment of this Grant
       Agreement

        The maximum amount eligible for reimbursement shall not be increased above the
       Grand Total TxDOT Amount in the approved Project Budget unless this Grant
       Agreement is amended as described in Article 5 of this Agreement

        For Selective Traffic Enforcement          Program STEP grants only          In the   Project
        Budget Subgrantees           are   not allowed to   use   underrun funds from the TxDOT
        amount of  100 Salaries Subcategories A Enforcement or B PI E Activities to
        exceed the TxDOT amount listed in Subcategory C Other Also Subgrantees are
        not allowed to use underrun funds from the TxDOT amount of 100 Salaries
       Subcategories A Enforcement or C Other to exceed the TxDOT amount listed
       in Subcategory B PI E Activities The TxDOT amount for Subcategory B PI E
       Activities or C Other can only be exceeded within the 5 percent flexibility with



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 STEP        2010    Comprehensive
        underrun funds from       Budget Categories   II   or   III
   C To be       eligible   for reimbursement under this    Agreement   a   cost must be incurred in
        accordance with the Project Budget        within the time frame
                                                                 specified in the Grant
         Period of this Grant
                           Agreement attributable to work covered by this Agreement and
     which has been completed in a manner satisfactory and acceptable to the
     Department
   D Federal or TxDOT funds cannot supplant replace funds from any other sources
     The term supplanting refers to the use of federal or TxDOT funds to support
     personnel or an activity already supported by local or state funds
   E Payment of costs incurred under this Agreement is further governed by one of the
     following cost principles as appropriate outlined in the Federal Office of
     Management and Budget OMB Circulars
             A 21 Cost Principles for Educational Institutions
             A 87 Cost Principles for State Local and Indian Tribal Governments or
             A 122 Cost Principles for Nonprofit Organizations
   F The Subgrantee agrees to submit monthly or quarterly Requests for
     Reimbursement as designated in this Grant Agreement within thirty 30 days after
     the end of the billing period The Request for Reimbursement and appropriate
     supporting documentation must be submitted through eGrants
   G The Subgrantee agrees to submit the final Request for Reimbursement under this
     Agreement within forty five 45 days of the end of the grant period
   H Payments are contingent upon the availability of appropriated funds
   I Project agreements supported with federal or TxDOT funds are limited to the length
     of this Grant Period specified in this Grant Agreement If the Department determines
     that the project has demonstrated merit or has potential long range benefits the
     Subgrantee may apply for funding assistance beyond the initial Agreement period
     Preference for funding will be given to those projects for which the Subgrantee has
     assumed some cost sharing those which propose to assume the largest
     percentage of subsequent project costs and those which have demonstrated
     performance that is acceptable to the Department

ARTICLE 4 LIMITATION OF LIABILITY


Payment of costs incurred hereunder is contingent upon the availability of funds If at any
time during this Grant Period the Department determines that there is insufficient funding
to continue the project the Department shall so notify the Subgrantee giving notice of
intent to terminate this Agreement as specified in Article 11 of this Agreement If at the
end of a federal fiscal year the Department determines that there is sufficient funding and
performance to continue the project the Department may so notify the Subgrantee to
continue this agreement


ARTICLE 5 AMENDMENTS


This Agreement may be amended prior to its expiration by mutual written consent of both
parties utilizing the Grant Agreement Amendment in eGrants Any amendment must be
executed by the parties within the Grant Period as specified in this Grant Agreement




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ARTICLE 6 ADDITIONAL WORK AND CHANGES IN WORK


If theSubgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging If the Department finds that
such work does constitute additional work the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5
Amendments to provide compensation for doing this work on the same basis as the
original work If performance of the additional work will cause the maximum amount
payable to be exceeded the work will not be performed before a written grant amendment
is executed
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement the
Subgrantee shall make such revisions as requested and directed by the Department This
will be considered as additional work and will be paid for as specified in this Article
If the Subgrantee submits work that does not comply with the terms of this Agreement the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement No additional compensation shall be paid
for this work


The   Subgranteeshall make revisions to the work authorized in this Agreement which are
necessary to correct errors or omissions appearing therein when required to do so by the
Department No additional compensation shall be paid for this work

The   Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of      an   amendment


ARTICLE 7 REPORTING AND MONITORING


Not later thanthirty 30 days after the end of each reporting period the Subgrantee shall
submit a performance report through eGrants For short projects only one report
                                                    term
submitted by the Subgrantee at the end of the project may be required For longer projects
the Subgrantee will submit reports at least quarterly and preferably monthly The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager


For Selective Traffic Enforcement     Programs STEPs performance reports      must be
submitted      monthly

The  performance report will include as a minimum 1 a comparison of actual
accomplishments to the objectives established for the period 2 reasons why established
objectives and performance measures were not met if appropriate and 3 other pertinent
information including when appropriate an analysis and explanation of cost underruns



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                                                 28
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overruns       or   high   unit costs


TheSubgrantee shall submit the Final Performance Report through eGrants                       within   thirty
30 days after completion of the grant

TheSubgrantee shall promptly advise the Department in writing through eGrants
messaging of events that will have a significant impact upon this Agreement including

     A   Problems delays             or   adverse conditions
                                                  including a change of project director or
         other changes in Subgrantee personnel that will materially affect the ability to attain
         objectives and performance measures prevent the meeting of time schedules and
         objectives or preclude the attainment of project objectives or performance
         measures by the established time periods This disclosure shall be
                                                                              accompanied by
         a statement of the action taken or contemplated and any
                                                                   Department or federal
         assistance needed to resolve the situation
     B   Favorable developments or events that enable                 meeting   time schedules and
         objectives        sooner   than anticipated    or   achieving greater performance   measure

         output than        originally projected

ARTICLE 8 RECORDS


The    Subgrantee agrees            to maintain all   reports documents papers accounting records
books and other evidence pertaining               to costs incurred and workperformed hereunder
hereinafter called the records and shall make such records available at its office for the
time period authorized within the Grant Period as specified in this Grant Agreement The
Subgrantee further agrees to retain said records for four 4 years from the date of final
payment under this Agreement until completion of all audits or until pending litigation has
been completely and fully resolved whichever occurs last
Duly authorized representatives of the Department the USDOT the Office of the Inspector
General Texas State Auditor and the Comptroller General shall have access to the
records This right of access is not limited to the four 4 year period but shall last as long
as   the records      are   retained


ARTICLE 9 INDEMNIFICATION


To the extent   permitted by law the Subgrantee if other than a government entity shall
indemnify hold and save harmless the Department and its officers and employees from                             all
claims and liability due to the acts or omissions of the Subgrantee its agents or
employees The Subgrantee also agrees to the extent permitted by law to indemnify
hold and save harmless the Department from any and all expenses including but not
limited to attorney fees all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee its agents or employees


Further       to the extent
                          permitted by law the Subgrantee if other than a government entity
agrees to      protect indemnify and save harmless the Department from and against all



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claims demands and           of action of every kind and character brought by any
                                causes

employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act by either commission or omission
on   the part of the       Subgrantee

If theSubgrantee is a government entity both parties to this Agreement agree that no
party is an agent servant or employee of the other party and each party agrees it is
responsible for its individual acts and deeds as well as the acts and deeds of its
contractors employees representatives and agents

ARTICLE 10 DISPUTES AND REMEDIES


ThisAgreement supercedes any prior oral or written agreements If a conflict arises
between this Agreement and the Traffic Safety Program Manual this Agreement shall
govern
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising        out of
                    procurement made by the Subgrantee in support of Agreement work
Disputes concerning performance or payment shall be submitted to the Department for
settlement with the Executive Director or his or her designee acting as final referee

ARTICLE 11 TERMINATION


   Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
This
           obligations described herein and these have been accepted by the
services and
Department unless

         This    Agreement       is terminated in   writing   with the mutual consent of both   parties   or
         There is      a   written
                            thirty 30 day       by either party or
                                                    notice
         The Department determines that the performance of the project is not in the best
         interest of the Department and informs the Subgrantee that the project is terminated
          immediately

The   Department shall compensate the Subgrantee for only those eligible expenses
incurred  during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement provided that
the work has been completed in a manner satisfactory and acceptable to the Department
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination


ARTICLE 12 INSPECTION OF WORK


The Department and when federal funds are involved the US DOT or any authorized
representative thereof have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed




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If any   inspection    or   evaluation is made        the
                                                premises of the Subgrantee or its
                                                 on

subcontractor the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work



ARTICLE 13 AUDIT


TheSubgrantee shall comply with the requirements of the Single Audit Act of 1984 Public
Law PL 98 502 ensuring that the single audit report includes the coverage stipulated in
OMB Circular A 133 Audits of States Local Governments and Other Non Profit
Organizations

The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor
under the direction of the legislative audit committee to conduct an audit or investigation in
connection with those funds An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit


ARTICLE 14 SUBCONTRACTS


A subcontract in           25 may not be executed by the Subgrantee without prior
                           000
                       excess   of
written   concurrenceby        the
                           Department Subcontracts in excess of 25 shall contain all
                                                                000
applicable terms and conditions of this Agreement No subcontract will relieve the
Subgrantee of its responsibility under this Agreement

ARTICLE 15 GRATUITIES


Texas  Transportation Commission policy mandates that employees of the Department
shall not accept any benefit gift or favor from any person doing business with or who
reasonably speaking may do business with the Department under this Agreement The
only exceptions       allowed
                            ordinary business lunches and items that have received the
                                are

advanced written approval of the Department Executive Director
                                  s
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits gifts or favors to
Department employees except as mentioned here above Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement

ARTICLE 16 NONCOLLUSION


The   Subgrantee       warrants that it has not
                                        employed or retained any company or person
other thanbona fide employee working solely for the Subgrantee to solicit or secure this
                a

Agreement and that it has not paid or agreed to pay any company or person other than a


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bona fide  employee any fee commission percentage brokerage fee gift or any other
consideration contingent upon or resulting from the award or making of this Agreement If
the Subgrantee breaches or violates this warranty the Department shall have the right to
annul this Agreement without liability or in its discretion to deduct from the Agreement
price or consideration or otherwise recover the full amount of such fee commission
brokerage fee contingent fee or gift

ARTICLE 17 CONFLICT OF INTEREST


The   Subgrantee represents      that it        its
                                         employees have no conflict of interest that would in
                                           or

any way interfere with its or its employees performance or which in any way conflicts with
the interests of the Department The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department interests
s

ARTICLE 18 SUBGRANTEE RESOURCES
           S


The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement or will be able to                obtain
such personnel from sources other than the Department


Allemployees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them Any employee of the Subgrantee who in the
opinion of the Department is incompetent or whose conduct becomes detrimental to the
work shall immediately be removed from association with the project

Unless otherwise       specified the Subgrantee shall furnish       all   equipment materials supplies
and other     resources  required to perform the work

ARTICLE 19 PROCUREMENT AND PROPERTY MANAGEMENT


The   Subgrantee      shall establish and administer
                                               system to procure control protect
                                                        a

preserve use maintain and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures provided that the procedures are not in conflict with the Department property
                                                                     s
management procedures or property management standards and federal standards as
appropriate in

        49 CFR Part 18 Uniform Administrative Requirements for Grants and Cooperative
        Agreements to State and Local Governments or
        49 CFR Part 19 OMB Circular A 110 Uniform Administrative Requirements for
        Grants and Agreements with          Institutions of   Higher Education Hospitals   and Other
        Nonprofit Organizations

ARTICLE 20 OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY




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Upon completion        or   termination of this Grant   Agreement whether for    cause or   at the
convenience of the          parties hereto all finished   or   unfinished documents data studies
surveys reports maps drawings models photographs etc prepared by the Subgrantee
and equipment and supplies purchased with grant funds shall at the option of the
Department     become theproperty of the Department All sketches photographs
calculations and other data prepared under this Agreement shall be made available upon
request to the Department without restriction or limitation of their further use

   A    Intellectual
                   property consists of copyrights patents and any other form of
        intellectual property
                            rights covering any data bases software inventions training
     manuals systems design or other proprietary information in any form or medium
   B All rights to Department The Department shall own all of the rights
                                                                           including
     copyrights copyright applications copyright renewals and copyright extensions
     title and interests in and to all data and other information developed under this
     contract and versions thereof unless otherwise agreed to in writing that there will be
     joint ownership
   C All rights to Subgrantee Classes and materials initially developed by the
     Subgrantee without any type of funding or resource assistance from the Department
     remain the Subgrantee intellectual property For these classes and materials the
                  s
     Department payment is limited to payment for attendance at classes

ARTICLE 21 SUCCESSORS AND ASSIGNS


The   Department   and the       Subgrantee   each binds
                                                  itself its successors executors assigns
and administrators to the other party         to this
                                            Agreement and to the successors executors
assigns  and administrators of such other party in respect to all covenants of this
Agreement The Subgrantee shall not assign sublet or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging


ARTICLE 22 CIVIL RIGHTS COMPLIANCE


   A    Compliance      with
                          regulations The Subgrantee shall comply with the regulations
     relative to nondiscrimination in federally assisted programs of the USDOT 49 CFR
     Part 21 23 CFR Subchapter C and 41 CFR Parts 60 74 as they may be
     amended periodically hereinafter referred to as the Regulations The Subgrantee
     agrees to comply with Executive Order 11246 entitled Equal Employment
     Opportunity as amended by Executive Order 11375 and as supplemented by the
     U Department of Labor regulations 41 CFR Part 60
     S
   B Nondiscrimination The Subgrantee with regard to the work performed during the
     period of this Agreement shall not discriminate on the grounds of race color sex
     national origin age religion or disability in the selection and retention of
     subcontractors including procurements of materials and leases of equipment
   C Solicitations for subcontracts including procurement of materials and equipment In
     all solicitations either by competitive bidding or negotiation made by the Subgrantee
     for work to be performed under a subcontract including procurements of materials
     and leases of equipment each potential subcontractor or supplier shall be notified




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        by the Subgrantee of the Subgrantee obligations under this Agreement and the
                                     s
        regulations relative to nondiscrimination on the grounds of race color sex national
        origin age religion or disability
    D   Information and reports The Subgrantee shall provide all information and reports
        required by the regulations or directives issued pursuant thereto and shall permit
        access to its books records accounts other sources of
                                                                      information and its facilities
        as may be determined by the Department or the USDOT to be
                                                                            pertinent to ascertain
        compliance     with such regulations or directives Where any information required of
        the Subgrantee is in the exclusive possession of another who fails or refuses to
        furnish this information the Subgrantee shall so certify to the Department or the US
        DOT whichever is appropriate and shall set forth what efforts the Subgrantee has
        made to obtain the requested information
    E   Sanctions for noncompliance In the event of the Subgrantee noncompliance with
                                                              s
        the nondiscrimination provision of this Agreement the Department shall impose
        such sanctions as it or the US DOT may determine to be appropriate
    F   Incorporation of provisions The Subgrantee shall include the provisions of
        paragraphs A through E in every subcontract including procurements of materials
        and leases of equipment unless exempt by the regulations or directives The
        Subgrantee shall take such action with respect to any subcontract or procurement
        as the Department may direct as a means of
                                                          enforcing such provisions including
        sanctions for noncompliance However in the event a Subgrantee becomes
        involved in or is threatened with litigation with a subcontractor or supplier as a
        result of such direction the Subgrantee may request the Department to enter into
        litigation to protect the interests of the state and in addition the Subgrantee may
        request the United States to enter into such litigation to protect the interests of the
        United States


ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE


It is the
        policy of the Department and the USDOT that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26 shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds Consequently
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26
                                                                         apply to this
Agreement   as follows



        The  Subgrantee agrees to insure that Disadvantaged Business Enterprises as
        defined in 49 CFR Part 26 have the opportunity to participate in the performance of
        agreements and subcontracts financed in whole or in part with federal funds In this
        regard the Subgrantee shall make good faith efforts in accordance with 49 CFR
        Part 26 to insure that Disadvantaged Business Enterprises have the
                                                                              opportunity to
        compete   for and perform agreements and subcontracts
        The Subgrantee and any subcontractor shall not discriminate on the basis of race
        color sex national origin or disability in the award and    performance of agreements
        funded in whole or in part with federal funds

These   requirements     shall be included in any subcontract




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Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and after the notification of the Department may result in termination of this
Agreement by the Department or other such remedy as the Department deems
appropriate

ARTICLE 24 DEBARMENTSUSPENSION


   A The     Subgrantee certifies          to the best of its   knowledge      and belief that it and its
        principals

             1    Are not   presently debarred suspended proposed for debarment declared
                  ineligible or voluntarily excluded from covered transactions by any federal
                  department or agency

             2    Have not within     a   three
                                           3 year period preceding this Agreement been
                  convicted of    had a civil judgment rendered against them for commission of
                                 or

                  fraud or a criminal offense in connection with obtaining attempting to obtain
                  or performing a federal state or local
                                                          public transaction or contract under a
                  public transaction violation of federal or state antitrust statutes or
                  commission of embezzlement theft forgery bribery falsification or
                  destruction of records making false statements or receiving stolen
                                                                                         property
             3    Are not presently indicted or otherwise criminally or civilly charged by a
                  federal state or local governmental entity with commission of any of the
                  offenses enumerated in paragraph A 2 of this Article and

             4    Have not within     a   three   3   year period preceding this Agreement had                one
                  or more   federal state     or   local public transactions terminated for cause              or
                  default

   B Where the        Subgrantee is unable to certify to any of the statements                   in this Article
        such     Subgrantee shall attach an explanation to this Agreement
   C The      Subgrantee is prohibited from making any award or permitting any award at any
        tier to any party which is debarred or suspended or otherwise excluded from or
        ineligible for participation in federal assistance programs under Executive Order
        12549 Debarment and Suspension

   D The      Subgrantee     shall
                                require any party to a subcontract or purchase order awarded
        under this Grant   Agreement to certify its eligibility to receive federal grant funds
        and when      requested by the Department to furnish a copy of the certification

ARTICLE 25 LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her              knowledge      and belief that

   A    No   federally appropriated funds          have been    paid   or   will be   paid by   or on   behalf of the



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          Subgrantee to any person for influencing or attempting to influence an officer or
          employee of any federal agency a Member of Congress an officer or employee of
          Congress or an employee of a Member of Congress in connection with the
          awarding of any federal contract the making of any federal grant the making of any
          federal loan the entering into of any cooperative agreement and the extension
          continuation renewal amendment                  or   modification of any federal contract grant
          loan or cooperative agreement

      B   If any funds other than federal appropriated funds have been paid or will be paid to
          any person for influencing or attempting to influence an officer or employee of any
          federal agency a Member of Congress an officer or employee of Congress or an
          employee of a Member of Congress in connection with this federal contract grant
          loan or cooperative agreement the party to this Agreement shall complete and
          submit Standard Form LLL Disclosure Form to Report Lobbying in accordance
          with its instructions

      C The      Subgrantee     shall     require   that the   language   of this certification be included in
          the award documents for all subawards at all tiers including                  subcontracts and that
          all subrecipients shall certify and disclose accordingly


This certification is     a   material  representation of fact upon which reliance was placed when
this transaction       was    made   orentered into Submission of this certification is a prerequisite
for making or entering         into this transaction imposed by Section 1352 Title 31 U Code
                                                                                          S
Any person who fails to file the required certification shall be subject to                 a   civil   penalty   of not
less than 10 and not more than 100 for each such failure
          000                          000

ARTICLE 26 CHILD SUPPORT STATEMENT


Unless the Subgrantee is a governmental or non profit entity the Subgrantee certifies that
it either will go to the Department website noted below and complete the Child Support
                         s
Statement or already has a Child Support Statement on file with the Department The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period The Subgrantee further certifies that
the Child       Support Statement file contains the child support information for the
                                          on
individuals or business entities named in this grant Under Section 231 Family Code
                                                                       006
the Subgrantee certifies that the individual or business entity named in this Agreement is
notineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate


The form for the Child         Support Statement is available          on   the Internet at
htm
default
cso
us
tx
state
dot
www
http




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                                RESPONSIBILITIES OF THE SUBGRANTEE

A   Carry    out allperformance measures established in the grant including fulfilling the                        law
enforcement       objectives by implementing the Operational Plan contained in this Grant
Agreement

B Submit all    required reports to the Department TxDOT fully completed with the most
current   information and within the required times as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant
                                             Agreement This includes reporting to the
Department on progress achievements and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement RFR


C Attend      Department approved grant management training

D Attend      meetings according        to the   following

1 The     Department       will arrange for    meetings   with the   Subgrantee to present status of
activities and to discuss         problems     and the schedule for the   following quarter work
                                                                                    s

2 The   project director or other appropriate qualified persons                 will be available to represent
the   Subgrantee at meetings requested by the Department

E Support grant enforcement efforts with public information and education PI
                                                                                E
activities Salaries being claimed for PI E activities must be included in the budget


F When  applicable all newly developed PI E materials must be submitted to the
Department for written approval through the TxDOT Electronic Grants Management
System eGrants system messaging prior to final production Refer to the Traffic Safety
Program Manual regarding PI E procedures

G For out of state travel expenses to be reimbursable the Subgrantee must have
obtained the written approval of the Department through eGrants system
                                                                           messaging                              prior
to the beginning of the trip Grant approval does not satisfy this requirement For
Department      district   managed grants the Subgrantee must have obtained written
Department      district   approval through eGrants system messaging for travel and related
expenses if outside of the district boundaries

H Maintain verification that all expenses including wages or salaries for which
reimbursement is requested is for work exclusively related to this project

I Ensure that this grant will in no way supplant replace funds from other                       sources

Supplanting refers to the use of federal funds to support personnel or any                       activity already
supported by local         or   state funds


J Ensure that each officer           working   on   the STEP   project   will   complete        officer
                                                                                                s
                                                                                           an             daily


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report form The form should include at a minimum name date badge or identification
number type of grant worked grant site number mileage including starting and ending
mileage hours worked type of citation issued or arrest made officer and supervisor
signatures

K Ensure that     officer above the rank of Lieutenant or equivalent title will be
                        no

reimbursed for enforcement duty unless the Subgrantee received specific written
authorization from the Department through eGrants system messaging prior to
                                                                                                                incurring
costs


L Subgrantee may work additional STEP enforcement hours on holidays or special events
not covered under the Operational Plan However additional work must be approved in
writing by the Department through eGrants system messaging prior to enforcement
Additional hours must be reported in the Performance Report for the time period for which
the additional hours            were      worked


M If   an    officer makes          a   STEP related arrest     during    the shift but does not complete the
arrest before the shift is scheduled to                 end the officer     can continue
                                                                                          working under the grant
to   complete that        arrest


N    Subgrantees         with   a    traffic unit will utilize traffic   personnel for this grant unless such
personnel         are   unavailable for       assignment

O Prior to conducting speed enforcement the Subgrantee must select and
                                                                            survey
enforcement sites that comply with existing state mandated speed limits in accordance
with the Texas          Transportation Code            Sections 545
                                                                352           through   356
                                                                                        545

P Officers        assigned      to      speed sites   should be trained in the          of radar        laser
                                                                                  use              or           speed
measurement devices


Q The    Subgrantee should have a safety belt use policy If the Subgrantee does not have a
safety  beltuse policy in place a policy should be implemented and a
                                                                      copy maintained for
verification during the grant year


R Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration International Association of Chiefs of Police Standardized Field
Sobriety Testing SFST In the case of a first year subgrantee the officers must be
trained  scheduled to be SFST trained by the end of the grant year For second or
             or

subsequent year grants all officers working DWI enforcement must be SFST trained

S The  Subgrantee should have a procedure                        in   place for contacting and using drug
recognition experts DREs when necessary

T The  Subgrantee is encouraged to use the DWI On line Reporting System                                  available
through the Buckle Up Texas Web site at www
                                        com
                                        buckleuptexas




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                             RESPONSIBILITIES OF THE DEPARTMENT




A Monitor the Subgrantee compliance with the performance obligations and fiscal
              s
requirements               Agreement using appropriate and necessary monitoring and
                     of this Grant
inspections including but not limited to

         review ofperiodic reports
        physical inspection of project               records and   supporting documentation
        telephone conversations
         e mails      and letters
         quarterly     reviewmeetings
         eGrants      system messaging

B Provide program management and technical assistance


C Attend      appropriate meetings

D Reimburse the          Subgrantee        for all   eligible costs as defined in the project budget
Requests      for Reimbursement will be              processed up to the maximum amount payable                as

indicated in the       project budget

E Perform       an    administrative review of the         project   at the close of the   grant period   to


         Ascertain whether               not the
                                     project objectives were met
                                    or

         Review   project accomplishments performance measures completed targets
         achieved
         Document any progress towards self sufficiency
         Account for any approved Program Income earned and expended
         Identify exemplary performance or best practices




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STEP        2010    Comprehensive


                                    Goals and      Strategies

                To increase effective enforcement and        adjudication of   traffic   safety   related
Goal
                laws to reduce fatal and serious   injury   crashes


Strategies      Increase enforcement of traffic   safety    related laws
                Increase   public education and information campaigns

Goal            To reduce the number of DWI related crashes           injuries   and fatalities



Strategy        Increase enforcement of DWI laws


Goal            To increase occupant restraint    use   in all passenger vehicles and trucks



Strategy        Increase enforcement of occupant        protection laws


I
F agree to the above goals and strategies




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                                         Baseline Information

Baseline Year         12            From 10 to 9
                                         2007
                                         1     30
                                               2008
months

   Baseline Measure                                   Baseline Number
Number of       Driving
While Intoxicated      DWI                                  212
arrests
Number of       speed
                                                            1176
citations
Number of       safety       belt
                                                            334
citations
Number of child         safety                              20
seat citations
Number of Intersection
Traffic Control ITC                                         175
citations


Number of alcohol
                                                            40
related crashes
Number of       speed
                                                            85
related crashes
Number of crashes
occurring      at                                           131
intersections


                                    Baseline Number                Month of Survey
                                                                   Year
Percentage of speed                         28
                                            6                           02
                                                                        2009
compliance
Percentage       of   safety                 96                         2009
                                                                        02
belt usage
Attach    Speed Survey              https www appsegrants Upload 118050
                                          dot
                                          us
                                          tx
                                          state
data                                pdf
                                    wylie09speedsurvey
Attach    Safety      Belt                state
                                          dot
                                          tx
                                          us
                                    https www appsegrants Upload 118050
survey data                         pdf
                                    wylie09opsurvey
Support Document not
included in Survey
                                          tx
                                          state
                                          dot
                                          us
                                    https www appsegrants Upload 118050
Data                                pdf
                                    wylie09itc




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STEP         2010   Comprehensive


                    Law Enforcement         Objective Performance          Measure


                                                            Measure
                                                                                     Target
                             Objective Performance                                   Number

1 Number and type citations arrests to be issued under STEP
    a       Increase DWI arrests     by                                              80
                                                                                      1800
    b       Increase   Speed citations by
    c       Increase   Safety Belt citations by                                       130

    d Increase         Child Safety Belt citations by                                 10

    e       Increase   ITC citations by                                               180

2   Proposed         total number of traffic related crashes
    a       Reduce the number of Alcohol Related crashes to                           35

    b Reduce the number of            Speed      Related crashes to                   79

    c       Reduce the number of ITC related crashes to                               125

3 Increase        speed compliance
    a       Increase the speed compliance         rate to                             31

4 Increase          safety   belt usage
       a    Increase the     safety belt usage   rate among drivers and front seat
                                                                                      5
                                                                                      96
       passengers to
5 Number of Enforcement Hours                                                         1265


Note
Nothing in this agreement   shall be interpreted as a requirement formal
or informal   that a peace officer issue a specified or predetermined number
of citations in pursuance of the Subgrantee obligations hereunder
                                  s

In addition to the STEP enforcement activities the subgrantee must
maintain baseline non STEP funded citation and arrest activity due to the
 prohibition of supplanting
                                                                                     01
                                                                                     3
 Step Indicator




 2010      Wylie S MYG Yr1 0089                      2009
                                                     28
                                          Printed On 8
                                                                                       Page 24 of 47
City   of   Wylie
STEP        2010    Comprehensive


                          PI E    Objective Performance Measure

                         Object Measure
                         Performance                                               Target
                                                                                  Number
Support Grant efforts      with   a   public information and education
PI E program
a   Conduct presentations                                                               6
b Conduct media exposures         e
                                  g      news   conferences   news   releases
and interviews                                                                          5

c   Conduct    community events e health fairs booths
                                 g                                                      2
d Produce      the following number of public information and    education
materials                                                                               0

e   Number of public information and education materials distributed                   1500




2010   Wylie S MYG Yr1 0089            Printed On 8
                                                  2009
                                                  28
                                                                                Page   25 of 47
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    City     of    Wylie
    STEP            2010    Comprehensive


                                                       Budget Summary

             Budget Category                          TxDOT                           Match                          Total

    Category         I    Labor Costs


    100          Salaries                                 59
                                                          00
                                                          731                                       0                   731
                                                                                                                        59
                                                                                                                        00
    200          Fringe Benefits                                   0                      750
                                                                                          8
                                                                                          59                              750
                                                                                                                          8
                                                                                                                          59
                 Sub Total                                59
                                                          00
                                                          731                             8
                                                                                          59
                                                                                          750

                     II   Other Direct Costs
                                                                                                                        68
                                                                                                                        481
                                                                                                                        59
                                                                                                                                                 1
    Category
    300          Travel                                   10
                                                          50
                                                          056
                                                                                          9
                                                                                          510                           19
                                                                                                                        50
                                                                                                                        566

    400          Equipment                                                                                                           0
                                                                                W




    500
             I Supplies                                                F                                                             0
                                                                                                                                             1
    600          Coactual
                 ry                                                                                                                  0

                 Other
    7nm
                 Miscellaneous                                                                                                       0
                 Total
                 Sub                                      10
                                                          50
                                                          056                             9
                                                                                          00
                                                                                          510                           566
                                                                                                                        19
                                                                                                                        50

    f
    Total
     Direct Costs                                         787
                                                          69
                                                          50                             260
                                                                                         18
                                                                                         59                             048
                                                                                                                        88
                                                                                                                        09
    Category        III   Indirect Costs


    800
             1   Indirect Cost Rate
                                                                                                                                     0

    Summary
                                                                                                                                         i
                 Total Labor Costs                        731
                                                          59
                                                          00                              8
                                                                                          59
                                                                                          750                           481
                                                                                                                        68
                                                                                                                        59
                 Total Direct Costs
                                                                                                                                         1
                                                          056
                                                          10
                                                          50                              9
                                                                                          00
                                                                                          510                           566
                                                                                                                        19
                                                                                                                        50
                 Total Indirect Costs
                                                                                                                                         1
                                                                                                                                     0
    Grand Total                                          69
                                                         50
                                                         787                             260
                                                                                         18
                                                                                         59                             88
                                                                                                                        09
                                                                                                                        048
i
                 Fund Sources
                                                             26
                                                             79                               20
                                                                                              74
                 Percent Share


    Salary       and cost rates will be based   on   the rates submitted   by   the   Subgrantee   in its grant   application   in
    Egrants




    2010   Wylie S MYG Yr1 0089                      Printed On 8
                                                                2009
                                                                28
                                                                                                                  Page 29 of 47
        Texas Traffic          Safety eGrants

                 Fiscal Year 2010

               Name    City   of   Wylie
Organization
Legal   Name   City of Wylie
                            17560007191006
Payee Identification Number

Project   Title STEP   2010    Comprehensive

ID 2011 Wylie S MYG Yr2

             30
             2011
Period 10 to 09
       01
       2010




                                                Page 30 of 47
    City   of   Wylie
    STEP        2010    Comprehensive


                                          Program Element Selection

YEAR LONG

1 DWI                    DWI    Driving   While Intoxicated

I     Speed              Speed Speed Enforcement
      OP                 OP    Occupant    Protection   Safety   Belt and Child   Safety Seat
1     ITC                ITC Intersection Traffic Control


WAVE

                        Jurisdiction wide     DWI enforcement effort must be focused at locations
I     DWI               where there is     an overrepresentation of alcohol related crashes and or
                         DWI   arrests

                        Jurisdiction wide  Speed enforcement should be focused on areas where
r Speed                 there is at least a 50 noncompliance with the posted speed limits and or
                        a higher number of speed related crashes




I     OP                Jurisdiction wide




CMV

      Speed OP CMV Commercial Motor
      and HMV
                                    Vehicle HMV Hazardous Moving Violations


      Note If  DWI component is selected above
                   a                                              an   SFST letter is   no   longer required
      to be submitted with the proposal




    2011   Wylie SMYG Yr2 0091                Printed On 8
                                                         2009
                                                         28
                                                                                              Page   31 of 47
City of Wylie
STEP      2010    Comprehensive


                                   General Information




Project   Title                                         STEP     2010   Comprehensive
How many years has your       organization   received
                                                        This will be   our   fourth y ear
funding for this project



Project Director     Name                               Michael Atkison




Organization      Address                               2000 N   Highway       78


                                                        Wylie   TX 75098



Mailing   Address




Multi Year    Proposal Selection                        2010   Wylie S MYG Yr1 0089




2011   Wylie S MYG Yr2 0091        Printed On 8
                                              2009
                                              28
                                                                                    Page   32 of 47
City of Wylie
STEP         2010   Comprehensive


                                        Goals and      Strategies

                 To increase effective enforcement and adjudication of traffic          safety related
Goal
                 laws to reduce fatal and serious injury crashes



Strategies       Increase enforcement of traffic      safety   related laws

                 Increase   public   education and information     campaigns


Goal             To reduce the number of DWI related crashes            injuries   and fatalities



Strategy          Increase enforcement of DWI laws


Goal             To increase    occupant restraint    use   in all passenger vehicles and trucks



Strategy            Increase enforcement of     occupant protection laws


     7
1        I agree to the above   goals   and   strategies




    2011   Wylie S MYG Yr2 0091                      2009
                                                     28
                                          Printed On 8
                                                                                          Page 33 of 47
City    of   Wylie
STEP         2010    Comprehensive


                                          Baseline Information


Baseline Year         12                     30
                                             2008
                                  From 10 to 9
                                       1
                                       2007
months

   Baseline Measure                                    Baseline Number

Number of       Driving
While Intoxicated      DWI                                   212
arrests
Number of       speed                                       1176
citations
Number of       safety     belt
                                                             334
citations
Number of child         safety                               20
seat citations
Number of Intersection
Traffic Control       ITC                                    175
citations


Number of alcohol
                                                             40
related crashes
Number of       speed                                        85
related crashes
Number of crashes
occurring       at                                           131
intersections


                                  Baseline Number                  Month of Survey
                                                                   Year

Percentage of speed                          6
                                             28                          2009
                                                                         02
compliance
Percentage of safety                          96                         2009
                                                                         02
belt usage
Attach       Speed Survey         https   www appsegrants Upload 118181
                                          us
                                          tx
                                          dot
                                          state
data                              pdf
                                  wylie09speedsurvey
Attach       Safety   Belt        https www appsegrants Upload 118181
                                        state
                                        us
                                        tx
                                        dot
survey data                       wylie09opsurvey
                                  pdf
Support       Document not
included in
                                  https www apps egrantsUpload 118181
                                        us
                                        tx
                                        dot
                                        state
                 Survey
Data
                                  pdf
                                  wylie09itc




 2011   Wylie S MYG Yr2 0091                          28
                                                      2009
                                           Printed On 8                            34 of 47
                                                                            Page
City    of   Wylie
STEP         2010    Comprehensive


                      Law Enforcement              Objective Performance Measure

                               Objective Performance Measure                           Target
                                                                                       Number
1 Number and            type     citations arrests to be issued under STEP
    a    Increase DWI arrests            by                                            100
    b    Increase      Speed     citations    by                                       1900
    c    Increase      Safety Belt citations by                                        130
    d    Increase      Child Safety Belt citations by                                  10
    e    Increase      ITC citations by                                                235
2   Proposed          total number of traffic related crashes
    a    Reduce the number of Alcohol Related crashes to                               33
    b Reduce the number of                Speed    Related crashes to                  76
    c    Reduce the number of ITC related crashes to                                   120
3 Increase           speed compliance
    a    Increase the     speed compliance          rate to                            33
4 Increase           safety   belt usage
    a    Increase the         safety   belt usage rate among drivers and front seat
                                                                                       9700
    passengers to
5 Number of Enforcement Hours                                                          1455


Note
Nothing   in this agreement shall be interpreted as a requirement formal
or informal that a peace officer issue a
                                          specified or predetermined number
of citations in pursuance of the Subgrantee obligations hereunder
                                  s

In addition to the STEP enforcement activities the subgrantee must
maintain baseline non STEP funded citation and arrest activity due to the
prohibition of supplanting
Step Indicator                                                                        01
                                                                                      3




2011   Wylie S MYG Yr2 0091                   Printed On 8
                                                         2009
                                                         28
                                                                                       Page   35 of 47
City of Wylie
STEP       2010   Comprehensive

                         PI E    Objective      Performance Measure

                                                                                Target
                                                  Measure
                        Performance
                        Object                                                  Number


Support Grant efforts      with   a   public information and education
PI E program
                                                                                   6
a   Conduct    presentations
                                         news   conferences   news   releases
b Conduct media exposures         e
                                  g                                                5
and  interviews
                                                                                   2
c   Conduct community events e health fairs booths
                              g
                                                       and education
d   Produce the following number of public information                             0
materials
                                                                                  1500
e   Number of     public information   and education materials distributed




    2011   Wylie S MYG Yr2 009                      2009
                                                    28
                                         Printed On 8                           Page 36 of 47
              C                         I
              0


             m         o
              c        C
              o        0
                       a
                        r
              a
              a        c
             o         m
                       E

              a        L
                       o
                       42
                       c
              a
                       w
              0




              3             a                                M

                           e
                           ra                                ai


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        a

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             L             ea                           c   VJ
        c    ca

        o     t
             41
                  ca
                           E
                           O
                                                        N
        i                                                   cc




                                                L
                        U                               c
        Q    2                                              o
        O    as
                                            1
             0
                                                    1
                       c
                       o

             o         Q

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             o
             U     0
             co

             c     cn

                                    L L
                                    LLL
                                      L
             cu
                                                        o
    o        U                                          9
                                                        N
    E        Q          L
                                                        L




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    N
                       Z
                                1   L       L L
                                              c6        a


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    1
O V                                                     o
                                                        N
City of Wylie
STEP         2010    Comprehensive


                                                   Budget Summary

      Budget Category                 1            TxDOT
                                                                   I          Match                      Total
                                                                                                                             I
Category      I   Labor Costs
                                                                                                                         1
100         Salaries                                  00
                                                      68
                                                      041                                  0   j             00
                                                                                                             041
                                                                                                             68

200         Fringe Benefits                                    0
                                                                   I                9
                                                                                    01
                                                                                    968                       01
                                                                                                              968
                                                                                                              9


        Sub
        I         Total                               041
                                                      68
                                                      00                            968
                                                                                    9
                                                                                    01                       009
                                                                                                             01
                                                                                                             78
                                                                                                                                 I
Category II         Other Direct Costs


300     I   Travel
                                          I                50
                                                           360                    19
                                                                                  206
                                                                                  00                         50
                                                                                                             566
                                                                                                             19
                                                                                                                                 1
400         Equipment                                          1                    8
                                                                                    000
                                                                                    000                       000
                                                                                                              8
                                                                                                              00

500         Supplies
                                                                                                                         0
                                                                                                                                 1
600
            Contractual
            Services                                             T                                                       0


            Other                                                                                                        0
700         Miscellaneous

            SubTotal                                       360
                                                           50                      00
                                                                                   206
                                                                                   27                        27
                                                                                                             566
                                                                                                             50

Total Direct Costs                                     68
                                                       401
                                                       50                          37
                                                                                   174
                                                                                   01                       105
                                                                                                            575
                                                                                                            51

Category III         Indirect Costs


800         Indirect Cost Rate


Summary

            Total Labor Costs                          68
                                                       041
                                                       00                           01
                                                                                    9
                                                                                    968                       009
                                                                                                              01
                                                                                                              78

            Total Direct Costs                             360
                                                           50                      00
                                                                                   206
                                                                                   27                         27
                                                                                                              566
                                                                                                              50

            Total Indirect Costs

 Grand Total                                           68
                                                       401
                                                       50                          37
                                                                                   174
                                                                                   01                       105
                                                                                                            575
                                                                                                            51

             Fund Sources                                                              21
                                                                                       35
                                                           64
                                                           79
             Percent Share


 Salary and       cost rates will be based    on   the rates submitted   by the Subgrantee in its grant application in
 Egrants




 2011       Wylie S MYG Yr2 0091                              28
                                                              2009
                                                   Printed On 8                                          Page    38 of 47
      Texas Traffic             Safety eGrants

                 Fiscal Year 2010

Organization   Name    City    of   Wylie

Legal Name City   of   Wylie

Payee Identification   Number 17560007191006

Project   Title STEP    2010    Comprehensive
ID 2012 Wylie S MYG Yr3 0093

Period 10 to 09
       01
       2011  2012
             30




                                                Page   39 of 47
    City   of   Wylie
    STEP        2010    Comprehensive


                                          Program Element Selection

YEAR LONG

1 DWI                    DWI    Driving   While Intoxicated

I     Speed              Speed Speed       Enforcement

1     OP                 OP    Occupant Protection Safety      Belt and Child   Safety Seat
I     ITC                ITC Intersection Traffic Control


WAVE
                         Jurisdiction wide   DWI enforcement effort must be focused at locations
r     DWI               where there is     an over representation of alcohol related crashes and or

                         DWI    arrests

                        Jurisdiction wide       Speed enforcement should be focused on areas where
      Speed             there is at least   a    50 noncompliance with the posted speed limits and or
                         a   higher   number    of speed related crashes



      OP                Jurisdiction wide




CMV

      Speed       OP
                        CMV Commercial Motor Vehicle HMV Hazardous                 Moving     Violations
      and HMV


      Note If  DWI component is selected above
                   a                                             an   SFST letter is   no   longer required
      to be submitted with the proposal




    2012   Wylie S MYG Yr3 0093                 Printed On 8
                                                           2009
                                                           28
                                                                                             Page   40 of 47
City   of   Wylie
STEP        2010     Comprehensive


                                     General Information




Project      Title                                        STEP     2010   Comprehensive

How many years has your         organization   received
                                                          This will be   our   fifth   or more   y ear
funding for this project



Project      Director Name                                Michael Atkison




Organization         Address                              2000 N   Highway        78


                                                          Wylie   TX 75098



Mailing      Address




Multi Year      Proposal Selection                        2010   Wylie S MYG Yr1 0089




2012 Wylie S MYG Yr30093             Printed On 8
                                                2009
                                                28
                                                                                       Page   41 of 47
City   of   Wylie
STEP        2010    Comprehensive


                                      Goals and         Strategies

                To increase effective enforcement and adjudication of traffic       safety   related
Goal
                laws to reduce fatal and serious injury crashes



Strategies      Increase enforcement of traffic     safety   related laws
                Increase   public education and information campaigns

Goal            To reduce the number of DWI related crashes           injuries and fatalities

Strategy        Increase enforcement of DWI laws


Goal            To increase occupant restraint      use   in all passenger vehicles and trucks


Strategy        Increase enforcement of occupant protection laws


 7
     I agree to the above    goals   and   strategies




2012   Wylie S MYG Yr3 0093           Printed On 8
                                                 2009
                                                 28
                                                                                     Page    42 of 47
City of Wylie
STEP      2010     Comprehensive


                                    Baseline Information


Baseline Year      12                     30
                                          2008
                               From 10 to 9
                                    2007
                                    1
months

   Baseline Measure                              Baseline Number
Number of     Driving
While Intoxicated    DWI                               212
arrests
Number of    speed                                    1176
citations
Number of    safety     belt
                                                       334
citations
Number of child      safety                            20
seat citations
Number of Intersection
Traffic Control     ITC                                175
citations


Number of alcohol
                                                       40
related crashes
Number of     speed                                    85
related crashes
Number of crashes
occurring    at                                        131
intersections


                               Baseline Number               Year
                                                             Month of Survey

Percentage of speed                    6
                                       28                          02
                                                                   2009
compliance
Percentage of safety                    96                         2009
                                                                   02
belt usage
Attach    Speed Survey               dot
                                     us
                                     tx
                                     state
                               https www apps egrantsUpload 118245
data                           pdf
                               wylie09speedsurvey
Attach    Safety   Belt              us
                                     tx
                                     dot
                                     state
                               https www apps egrantsUpload 118245
survey data                    pdf
                               wylie09opsurvey
Support     Document not
included in
                               https www dot state appsegrantsUpload 118245
                                             us
                                             tx
              Survey
Data
                               pdf
                               wylie09itc




 2012   Wylie S MYG Yr3 0093                    28
                                                2009
                                     Printed On 8
                                                                      Page   43 of 47
City     of   Wylie
STEP          2010    Comprehensive


                      Law Enforcement            Objective Performance          Measure


                                                                                            Target
                                Objective Performance         Measure
                                                                                            Number
1 Number and             type citations arrests       to be issued under STEP

     a    Increase DWI arrests            by                                                128
     b    Increase
                Speed citations by                                                          2000
     c Increase Safety Belt citations by                                                    130
     d Increase Child Safety Belt citations by                                              10
     e Increase ITC citations by                                                            254
2    Proposed total number of traffic related crashes
     a    Reduce the number of Alcohol Related crashes to                                   30
     b    Reduce the number of             Speed Related      crashes to                    75
     c    Reduce the number of ITC related crashes to                                       118
3 Increase            speed compliance
     a    Increase the         speed compliance     rate to                                 35
4 Increase            safety   belt usage
     a    Increase the         safety   belt usage rate among drivers and front seat
                                                                                            g7 5
     passengers to
5 Number of Enforcement Hours                                                               1670


Note
Nothing    in this agreement shall be interpreted as
                                                  requirement formal
                                                                  a
or   informal that a peace officer issue a specified
                                                   predetermined number
                                                                 or
of citations in pursuance of the Subgrantee obligations hereunder
                                 s

In addition to the STEP enforcement               activities the subgrantee must
maintain baseline         non STEP         funded citation and arrest activity due to the
prohibition of supplanting
Step     Indicator                                                                     3
                                                                                       01




2012     Wylie S MYGYr3 0093                   Printed On 8
                                                          2009
                                                          28
                                                                                            Page   44 of 47
City   of   Wylie
STEP        2010    Comprehensive


                           PI E   Objective       PerformanceMeasure


                                                    Measure                         Target
                           Performance
                           Object                                                   Number

Support Grant efforts with         a   public   information and education
PI E program
a Conduct presentations                                                                  6
b Conduct media exposures           e
                                    g      news   conferences   news   releases
                                                                                         5
and    interviews
c   Conduct community events e health fairs booths
                              g                                                          2
d   Produce the following number of public information and         education
                                                                                         0
materials
e   Number of       public information   and education materials distributed         1500




2012   Wylie S MYG Yr30093               Printed On 8
                                                    2009
                                                    28
                                                                                  Page   45 of 47
City of Wylie
STEP      2010         Comprehensive


                                                Budget Summary

      Budget Category                  I        TxDOT                      Match                           Total


Category   I         Labor Costs

                                                                                                              77
                                                                                                              00
                                                                                                              186
100      Salaries                                   00
                                                    55
                                                    661                        525
                                                                               00
                                                                               21
                                                                                                                                1
200      Fringe Benefits                                                       307
                                                                               11
                                                                               75                             11
                                                                                                              307
                                                                                                              75

         Sub Total
                                       1            00
                                                    55
                                                    661                        32
                                                                               832
                                                                               75                             88
                                                                                                              493
                                                                                                              75

Category   II        Other Direct Costs

300      Travel                                         50
                                                        360                    50
                                                                               24
                                                                               007                            24
                                                                                                              368
                                                                                                              00

400      Equipment

500      Supplies

         Contractual
600                                                                                                                         0
         Services

         Other
700                                                                                                                         0
         Miscellaneous

         Sub Total                                      360
                                                        50                     50
                                                                               007
                                                                               24                             24
                                                                                                              368
                                                                                                              00

Total Direct Costs                                  021
                                                    50
                                                    56                         25
                                                                               56
                                                                               840
                                                                                                             861
                                                                                                             75
                                                                                                             112
Category       III    Indirect Costs


800      Indirect Cost Rate                                                                                                 0

Summary

         Total Labor Costs                          661
                                                    00
                                                    55                         75
                                                                               32
                                                                               832                            88
                                                                                                              493
                                                                                                              75

         Total Direct Costs                             50
                                                        360                    007
                                                                               24
                                                                               50                             24
                                                                                                              368
                                                                                                              00

         Total Indirect Costs                                                                                               0

Grand Total                                         56
                                                    021
                                                    50                         56
                                                                               840
                                                                               25                            112
                                                                                                             861
                                                                                                             75

         Fund Sources
                                                        64
                                                        49                         36
                                                                                   50
         Percent Share


         and cost rates will be based           the rates submitted   by the Subgrantee   in its   grant application   in
Salary                                     on

Egrants




2012   Wylie S MYG Yr30093                                 2009
                                                           28
                                                Printed On 8                                                       47 of 47
                                                                                                         Page
                                                                                        Wylie City              Council

CITY      OF   WYLIE                                                         AGENDA REPORT

                                            2009                                          C
Meeting   Date              September 8                            Item Number
                                                                                                City secretary
                                                                                                     s              Use   only
Department                  Engineering
                            Chris Holsted                          Account Code           615 5725 58310
Prepared By
Date   Prepared               8
                              31
                              09                                    Budgeted   Amount         3
                                                                                              100
                                                                                              000
                                                                    Exhibits              3


           Sub
           ect

Consider and act upon approval and final acceptance of the construction of the 12 inch water line along
Spinnaker Way and the Newport Harbor Electrical Conduits and authorize final payment to 2L Construction
LLC in the amount of 17 and accept the project as complete
                     85
                     961




       Recommendation
Motion to approve final         paymentConstruction LLC for the 12 inch water line along
                                          to 2L                                                          Spinnaker Way           and
the Newport Harbor Electrical Conduits in the amount of 17 and accept the project
                                                        961
                                                        85                                               as complete




          Discussion
On    January 13 2009     a     construction contract   was   awarded to 2L Construction LLC in the amount of 183
                                                                                                              211
for the installation of     a   12 inch water line
                                              along           Spinnaker Way and the Newport Harbor Electrical Conduits
The water line extends from Anchor Drive       along Spinnaker Way to Coral Reef              Lane and    provides      additional
water   capacity to   portions of Newport Harbor and Birmingham Farms

All punch list items have been addressed by the contractor The final contract amount after field changes and
quantity adjustments is 179 The project is funded through the 2007 Certificates of Obligation which
                        50
                        681
included 1
         400
         000         for the construction of the Newport Harbor Water Distribution Line and 1 for the
                                                                                            000
                                                                                            700
construction of the 2 gallon ground storage tank
                    000
                    000




          A    roved B
                                                                   Initial                               Date
                                                                    CH                              08
                                                                                                    31
                                                                                                    09
Department       Director

City Manager                                                                                         6   19     b   I


                                                                                                                        Page   1 of 1
                   BIRKHOFF HENDRICKS                                                         P
                                                                                       CONWAY L
                   PROFESSIONAL ENGINEERS



                   11 910 Greenville Ave Suite 600                 Dallas   Texas    75243      Fax   214   461 8390          Phone   214 361 7900


                E
JOHN W BIRKHOFF P
                E
RONALD V CONWAY P
                 E
GARY C HENDRICKS P
             E
JOE R CARTER P
               E
PAUL A CARLENE P
            E
MATT HICKEY P
                                                                                                        August 21      2009
               E
ANDREW MATA JR P




                     E
    Mr Chris Hoisted P
    City Engineer
    City of Wylie
    949 Hensley Lane
    Wylie Texas 75098


     Re       Spinnaker Way Water Line           and Newport Harbor                 Pump Station Conduits
              Pay Request No 4 Final


     Dear Mr Hoisted


     We   are                                                                        961 for work
             enclosing three 3 copies of Pay Request No 4 and Final in the amount of 17
                                                                                     85
     performed by   2L Construction LLC on the Spinnaker Way Water Line and Newport Harbor Pump Station
                                                                                                        the
     Conduits project from June 26 2009 through August 14 2009 The project is complete Please note that
     final contract amount of 179 is
                              50
                              681           revised from the original amount of 183 due to quantity
                                                                                00
                                                                                211
     adjustments  for work actually completed

                                                                                                    The Record
     We   are     enclosing the Contractor Affidavit of Final Payment and Release for this project
                also            s
                                                    2L Construction Please verify that all the items on the punch
     Drawings for the project were also provided by
     list have been completed


     If you        with this pay request please have it executed for the
              concur                                                                          City of Wylie and forward         one    copy   along
     with the fmal payment due to 2L Construction LLC



                                                                                                  Sincerely     yours




                                                                                                                   E
                                                                                                      Joe R Carter P


     Enclosures
     cc         Mr Donnie Leonardo          2L Construction LLC



                                                              t 4 rnaJ
                                                              nx doc
                                                                                                                                 Texas Firm F526
     j 2OO6 125        frill 375           sponaker
                                           pay
                                   spmmkel wt         re uc
                   CONTRACTOR AFFIDAVIT OF FINAL PAYMENT AND RELEASE
                   S




THE STATE OF TEXAS


COUNTY OF              COLLIN



      BEFORE     ME the undersigned authority on this day personally appeared          Dominick Leonardo

Affiant who after being by me duly sworn deposes and says that he is                    President
of                            2L Construction L
                                              C                              corporation partnership trade name
of                    Tarrant                 County State of Texas the Contractor which said Contractor was
awarded the contract dated the        13th     day of         January         20 09            for the construction
of                     Spinnaker Way  12Inch Waterline and Newport Harbor Pump Station Conduits
in                         The City of Wylie Texas                        the Work for a total consideration of
                                               179
                                               50
                                               618                                                          Dollars
to be paid to the said Contractor the Contract and that Affiant has full power of authority to make this affidavit


      That                             The    City    of   Wylie Texas                                         the      Owner     has   approved   the final
estimate on said Work                                       satisfied and paid any and all claims that may be covered
                             and that the said Contractor has       fully
by Chapter 53 of the Texas Property Code and Article 5160 of the Revised Civil Statutes of the State of Texas or any
other applicable statutes or charter provisions and that all just bills for labor and materials have been paid and

discharged by       said Contractor insofar   as   they pertain         to the     Work in      question

       That in addition    to any   funds which may have been                previously paid by          the   Owner the Contractor hereby accepts
the amount of                                                                961
                                                                             85
                                                                             17                                                                      Dollars
as FULL AND FINAL PAYMENT under the aforementioned Contract and hereby waives and releases any right
Affiant and or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any
manner connected with the performance of the Work and or the Contract
                                                                       including but not limited to claims of third
parties     supplied material andor labor for the Work for or through the Contractor Subcontractors as well as
           that
claims for delay additional compensation or for recovery of liquidated damages which may have been withheld by the
Owner     The Contractor shall defend hold harmless and indemnify the Owner from any such claims of such
Subcontractors The Contractor further releases the Owner from any claim or liability arising from any act or neglect
of the Owner related to or connected with the Contract This affidavit is given pursuant to the final payment
provisions of the Contract and shall not be deemed to alter or modify the terms and provisions of said Contract

                                                                                                      2L Constructio

                                                                               By
                                                                                                                           L
                                                                                                                     Affiant

                                                                                       wpmin laDnardO
                                                                                       Vic
                                                                                                                   Printed Name




                                                                                        g
SUBSCRIBED AND SWORN TO BEFORE ME this the                                                      day of
                                                                                                         dilz47                           A 2009
                                                                                                                                          D




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                                                                                                             and for the State of Texas
                        W TA
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                               Comm btP   6
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                                          06M                                      J           75ff      O mnS
                                                                                                         Printed      Name of
                                                                                                                 Notary

                                                                                My Commission Expires                     p       3       420
                                                                                                                                          3

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                                                                    doc
                                                                                                                                                                                     Page   1   of   2
  1                                                                      MONTHLY PAY REQUEST



                                                                                                                                Pay Request          No              4 and Final
Owner                  City of Wylie Texas

                                                     Line and                                                                   Contract Date                        January 13 2009
Project                 Spinnaker Way Water
                        Newport Harbor Pump Station Conduits
                                                                                                                                Original     Contract Amount                                    183
                                                                                                                                                                                                211
                                                                                                                                                                                                00


From                    26 Jun 09                                        To           14 Aug 09                                 Final Contract Amount                                           50
                                                                                                                                                                                                179
                                                                                                                                                                                                618



                                                                                                                                Project Start Date                   16 Feb2009

                                                                                                                                Est   Completion          Date       1   2009
                                                                                                                                                                         Apr
                                                                                                                                                                         6              Cal     Days
Contractor              2L Construction LLC

                         1 150 Blue Mound Rd         West 815
                                                                                                                                Allotted                  60                  Used                        180
                        Haslet Texas    76052
                                                                                                                                 Quantity
                                                                                              Quantity                           Complete              Total

                                                                                                  in             Revised              This             Work               Contract              Extended
 Item
                                                                                                                                  Request            Completed             Price                Amount
 No                                      Description                                   Unit   Proposal           Quantity


                                                w Cl    B Embedment         0          L
                                                                                       F           717                 0                     0             0
                                                                                                                                                           717               35
                                                                                                                                                                             00                  25
                                                                                                                                                                                                 095
                                                                                                                                                                                                 00
      1        12 Waterline   by Open Cut

                                      w C1   G Embed Conc Encase            0          L
                                                                                       F               40              0                     0             40
                                                                                                                                                           0                 85
                                                                                                                                                                             00                      400
                                                                                                                                                                                                     00
                                                                                                                                                                                                     3
      2           L
               12 W       Open Cut

               12 Gate Valve with Extended                                    0        Ea               3               0                    0                 3
                                                                                                                                                               0          2
                                                                                                                                                                          00
                                                                                                                                                                          000                        000
                                                                                                                                                                                                     00
                                                                                                                                                                                                     6
      3                                              Operator

      4        Wet Connections with all      Fittings                         o         Ea              2              0                     0                 2
                                                                                                                                                               0          500
                                                                                                                                                                          00
                                                                                                                                                                          9                      19
                                                                                                                                                                                                 000
                                                                                                                                                                                                 00


               18 Storm Sewer                  Cut   wC1   C Embedment        o        LF              47               0                    0                 47
                                                                                                                                                               0             00
                                                                                                                                                                             30                      00
                                                                                                                                                                                                     410
                                                                                                                                                                                                     1
      5                          by Open

               18 Storm Swr              Cut   wCl     G Embed   Conc E       0        F
                                                                                       L                17              0                    0                 17
                                                                                                                                                               0            130
                                                                                                                                                                            00                       210
                                                                                                                                                                                                     2
                                                                                                                                                                                                     00
      6                         Open

                                                                              0         Ea               1              0                    0                  0
                                                                                                                                                                1           00
                                                                                                                                                                            400                          400
                                                                                                                                                                                                         00
      7        18 RCP Storm Sewer        Plug

                                                            Curb Inlet                 S
                                                                                       L                 I              0                    0                  1
                                                                                                                                                                0           00
                                                                                                                                                                            600                          600
                                                                                                                                                                                                         00
      8        Connect 18 Storm Sewer to         Existing                     o




      9                  10 Std Curb Inlet       Storm Sewer Lateral          a        S
                                                                                       L                 1              0                    0                  0
                                                                                                                                                                1         00
                                                                                                                                                                          500
                                                                                                                                                                          4                          4
                                                                                                                                                                                                     500
                                                                                                                                                                                                     00
               Replace

               Two 4 PVC Electrical Conduits                                  0        L
                                                                                       F               208              0                    0             208
                                                                                                                                                           0                  25
                                                                                                                                                                              00                     200
                                                                                                                                                                                                     5
                                                                                                                                                                                                     00
      10                                                TXU

      11       Two Sets of 2 4 PVC Electrical Conduits              Wylie     0         F
                                                                                        L              100              0                    0             100
                                                                                                                                                           0                 100
                                                                                                                                                                             00                      10
                                                                                                                                                                                                     000
                                                                                                                                                                                                     00


                                                      Riser Pole TXU                    Ea               1                 0                  0                 0
                                                                                                                                                                1            700
                                                                                                                                                                             00                          00
                                                                                                                                                                                                         700
      12       Terminate   Primary Conduits      at                           0



      13       One Electrical Handhole       Pull Box Wylie                     o       Ea               1                 0                  0                 1
                                                                                                                                                                0          000
                                                                                                                                                                           00
                                                                                                                                                                           7                         7
                                                                                                                                                                                                     000
                                                                                                                                                                                                     00


      14       One Electrical Transformer Pad          w Conduits   TXU         o       Ea               1                 0                  0                 1
                                                                                                                                                                0          4
                                                                                                                                                                           500
                                                                                                                                                                           00                        500
                                                                                                                                                                                                     00
                                                                                                                                                                                                     4


      15       Saw Cut    Existing   Reinf Concrete                             o       F
                                                                                        L              890                 0                  0            890
                                                                                                                                                           0                   50
                                                                                                                                                                               2                     2
                                                                                                                                                                                                     225
                                                                                                                                                                                                     00

          16                         of Reinf Concrete                          0       S
                                                                                        Y              993                 0                  0            933
                                                                                                                                                           0                  10
                                                                                                                                                                              00                     330
                                                                                                                                                                                                     9
                                                                                                                                                                                                     00
               Properly Dispose

          17   4 Reinforced Concrete Sidewalk                                     0     Y
                                                                                        S              270                 0                  0                183
                                                                                                                                                               0              00
                                                                                                                                                                              45                     00
                                                                                                                                                                                                     235
                                                                                                                                                                                                     8


          18   6 Reinf Concrete         Alley Pavement                            0     S
                                                                                        Y              703                 0                     0         820
                                                                                                                                                           0                  40
                                                                                                                                                                              00                     800
                                                                                                                                                                                                     00
                                                                                                                                                                                                     32


                                                                                  0     Ea               4                  0                    0              0          1
                                                                                                                                                                           000
                                                                                                                                                                           00
          19    Barrier Free Ramp


      20        6 Monolithic Concrete Curb                                        a     L
                                                                                        F              550                  0                    0         647
                                                                                                                                                           0                       2
                                                                                                                                                                                   50                    617
                                                                                                                                                                                                         50
                                                                                                                                                                                                         1


                                                                                         Ea                  6              0                    0              6
                                                                                                                                                                0          00
                                                                                                                                                                           200
                                                                                                                                                                           1                             200
                                                                                                                                                                                                         00
                                                                                                                                                                                                         7
          21    Replace Existing Crepe Myrtle Tree                                0




                 3                         PayReq xis
                     W 5 4S pi n ak er Pay Requet
                                                      MONTHLY PAY                                                                       Page   2   of   2
                                                                               REQUEST

                                                                                           Quantity
                                                                  Quantity                 Complete              Total

tem                                                                  in          Revised        This          Work           Contract              Extended

 No                                                        Unit   Proposal      Quantity    Request         Completed         Price                Amount
                                    Description


 22    Traffic Control Devices                         o   Mos             2           0                0            0
                                                                                                                     2       1
                                                                                                                             00
                                                                                                                             500                        3
                                                                                                                                                        00
                                                                                                                                                        000

 23    Trench   Safety   Plan   Design     Systems     0   F
                                                           L          757              0                0         0
                                                                                                                  757             00
                                                                                                                                  1                         00
                                                                                                                                                            757


 24    Transfer   Pump   Station Electrical Service    o   S
                                                           L               1           0                0                0
                                                                                                                         1   00
                                                                                                                             000
                                                                                                                             22                     22
                                                                                                                                                    000
                                                                                                                                                    00

 25    Solid Sod Bermuda Grass                         o   Y
                                                           S          537              0                0          537
                                                                                                                   0              3
                                                                                                                                  00                    1
                                                                                                                                                        611
                                                                                                                                                        00

 26    One   Spare   4 PVC Electrical Conduit          0   L
                                                           F              46           0                0           0
                                                                                                                    46          00
                                                                                                                                18                          828
                                                                                                                                                            00




Prepared and Submitted by
BIRKHOFF HENDRICKS                              P
                                         CONWAY L
Consulting Engineers      Da       Texas                                        Total Amount                                                       50
                                                                                                                                                   179
                                                                                                                                                   618


By                     1S                                                       Less Amount Retained                           0

         door                   4 oe R          E
                                         Carter P
Date                               2I
                                   Aug
                                   2009                                         Total Amount    Payable                                            618
                                                                                                                                                   179
                                                                                                                                                   50


Approved   for Owner                                                            Less Previous   Payments                                           65
                                                                                                                                                   161
                                                                                                                                                   656

By

Date                                                                            Amount Due This        Request                            1          17
                                                                                                                                                     961
                                                                                                                                                     85




                       xls
         1 RequestPay Req
         SpiwdcdPay
         Wylie12006125
                                                                                                      Wylie City            Council

CITY      OF    WYLIE                                                                   AGENDA REPORT


Meeting Date                    September 8    2009                      Item Number                    D
                                                                                                              City Secretary
                                                                                                                   s           Use   Only
Department                      Planning
Prepared By                     Renae 011ie                              Account Code

Date   Prepared                 08
                                26
                                09                                           Budgeted   Amount

                                                                             Exhibits                   Two

             ect
             Sub

Consider and act upon Ordinance                    No 2009 25        amending regulations        to   Zoning Ordinance      No 2001 48
Article 6 expanding the Downtown                   Historic District to include property         on   Ballard Avenue north of Brown
Street ZC 2009 04




       Recommendation

Motion to approve Ordinance No 2009 25 amending regulations to Zoning Ordinance No 2001 48 Article 6
expanding the Downtown Historic District to include property on Ballard Avenue north of Brown Street ZC
200904




          Discussion


To   amend supplement           change the regulations provided in the Zoning Ordinance requires passage of an
                                 or

Ordinance      making     theappropriate amendments and providing a penalty clause a repeal clause a savings
clause   a   severability clause and an effective date

The amendment is to extend the DTH District north of Brown Street                             along Ballard Avenue facing east and
continuing     north to Tract 4 of the Samuel B               Shelby   Abstract and       approximately 100 feet of frontage of those
lots facing    west and   continuing       north   parallel   to   Ballard Avenue       and encompassing all of Block 1 Lot 5 of the
Russell 01 Addition and Block 1 Tract 49 of the James Truett Abstract


Zoning    Ordinance 2001 48 Article 6 Section 6 Downtown Historic District of the
                                               3                                                                Comprehensive Zoning
Ordinance of the  City is amended herein by the granting of this Ordinance




          A roved B
                                                                         Initial                                     Date

                                                                             RO                                  26
                                                                                                                 08
                                                                                                                 09
Department      Director

City Manager                                                            Al                                       q
                                                                                                                     fq
                                                                                                                                 Page   1 of 1
                                                          24
                                             ORDINANCE NO 2009

                  AN        ORDINANCE          OF     THE     CITY      OF   WYLIE   TEXAS
                  AMENDING THE COMPREHENSIVE ZONING ORDINANCE
                  NO        2001 48    OF     THE         CITY   OF     WYLIE   TEXAS    BY
                  AMENDING ARTICLE 6                      SECTION        3
                                                                         6      DOWNTOWN
                  HISTORIC DISTRICT DTH REGULATIONS AND TO THE
                  OFFICIAL ZONING MAP AS IT RELATES TO DISTRICT
                  BOUNDARIES PROVIDING FOR THE REPEAL OF ALL
                  ORDINANCES   IN   CONFLICT   PROVIDING   A
                  SEVERABILITY CLAUSE  AND PROVIDING  FOR AN
                  EFFECTIVE DATE


        WHEREAS the governing body of the City of Wylie Texas in compliance with the laws
of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance
have given the requisite notices by publication and otherwise and after holding due hearings and
affording a full and fair hearing to all property owners generally and to owners of the affected
property the governing body of the City is of the opinion and finds that the Comprehensive Zoning
Ordinance and Map should be amended


        WHEREAS the City Council of the City of Wylie Texas City Council                   has  investigated
and determined that it would be           advantageous and beneficial to the citizens of the City of Wylie
Texas     Wylie        to    amend Zoning Ordinance No 2001 48 Article 6 Section 6 Downtown 3
Historic District and       the Official Zoning Map as it relates to district boundaries




    NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE TEXAS


          SECTION 1 Findings Incorporated                 Comprehensive Zoning Ordinance of the
                                                             That the
City of Wylie Texas be             and the  hereby
                                             same   is       by amending the Zoning Map of the
                                                                 amended
City of Wylie to give the hereinafter described property a new zoning classification said property
being described in Exhibit A Figure 6 1 Downtown Historic District Boundaries attached hereto
and made    a   part hereof for all purposes

          SECTION 2 Amendment to Zoning Ordinance No 2001 48 The                           City of Wylie
                                                                                                   s
Comprehensive Zoning Ordinance No 2001 48 Article 6 Section 6 Downtown Historic District
                                                            3

Boundary is hereby amended to read as follows



                   SECTION 6 DOWNTOWN HISTORIC DISTRICT DTH
                           3
                   B District Boundaries
                       1     The   Downtown       Historic        DTH is generally bounded by State
                                                             District
                             Highway 78 on the south Birmingham Street on the west the eastern
                             property line of those lots facing west on Second Street Brown Street to the
                             north and those properties north of Brown Street along Ballard Avenue
                             facing east and continuing north to Tract 4 of the Samuel B Shelby Abstract
                             and approximately 100 feet of frontage of those lots facing west and

Ordinance No 200924
Amending Zoning Ordinance No 2001 48          Article 6
Expanding Downtown Historic District
                           continuing north parallel                                   all of Block 1
                                                                    to Ballard Avenue and       encompassing
                           Lot 5 of the Russell 01 Addition and Block 1 Tract 49 of the James Truett
                           Abstract


         SECTION 3 Savings Clause
                   Repealing                                              Wylie Comprehensive Zoning
                                                                          s                                         Ordinance No
2001   48   asamended 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    but suchrepeal shall not abate any pending prosecution for violation                                   of the   repealed
ordinance nor shall the repeal prevent a prosecution from being commenced for                                      any violation if
occurring prior to the repeal of the ordinance Any remaining portions of said                                      ordinance shall
remain in full force and effect


          SECTION 4 Severability Should any                           section subsection sentence clause or phrase of
this Ordinance be declared unconstitutional                    or    invalid by a court of competent jurisdiction it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect Wylie hereby declares that it would have passed this Ordinance and each section
subsection 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 5 Penalty Provision                   firm corporation or entity violating this
                                                              Any        person
Ordinance      any provision
                 or                Wylie Comprehensive Zoning Ordinance No 2001 48 as
                                   s     of
amended shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a
sum not exceeding Five Hundred Dollars 500  00 Each continuing day violation under this
                                                                       s
Ordinance shall constitute a separate offense The penal provisions imposed under this Ordinance
shall not   preclude Wylie       from    filing    suit to    enjoin      the violation    Wylie     retains all   legal rights   and
remedies available to it pursuant         to    local   state   and federal law


          SECTION 6 Effective Date This Ordinance shall become effective from and after its
adoption and publication         as   required by law         the   City   Charter and    by   law



          DULY PASSED AND APPROVED                                  by   the   City   Council of the    City   of   Wylie Texas
this   8 day of September 2009




                                                                           Eric   Hogue Mayor

ATTEST




Carole    Ehrlich City Secretary


Date of   publication   in The   Wylie   News      September 16           2009



Ordinance No 200924
Amending Zoning Ordinance No 2001 48              Article 6
Expanding Downtown Historic District
                                                       EXHIBIT                                                   A



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Figure                    1
                          6                       Downtown                    Historic                                       District                                    Boundaries
                                                                                              Wylie City               Council

CITY      OF     WYLIE                                                            AGENDA REPORT


Meeting Date                 September 8   2009                      Item Number                  E
                                                                                                      City Secretary
                                                                                                           s               Use   Only
Department                   Planning
Prepared By                  Renae 011ie                             Account Code

Date   Prepared              08
                             26
                             09                                      Budgeted     Amount

                                                                     Exhibits                     Three

              Sub

Consider and       act upon   Ordinance No 2009 25         amending     the     zoning from   Commercial Corridor    CC District
to   Commercial Corridor with        Specific  Use Permit    SUP for        a   252 foot Radio Tower      CC   w   SUP District to
be located    along the    northwestern portion   of Wylie   Municipal Complex          ZC 2009 05



       Recommendation
Motion to approve Ordinance No 2009 25 amending the zoning from Commercial Corridor CC District to
Commercial Corridor with Specific Use Permit SUP for a 252 foot Radio Tower CC wSUP District to be
located   along   the northwestern   portion of Wylie Municipal Complex              ZC 2009 05



          Discussion


Owner Applicant        City of Wylie

Zoning Case 2009 05 requires an Ordinance to amend               the  zoning accordingly in the Official Zoning map of the
City and providing a penalty clause a repeal clause              a   savings clause a severability clause and an effective
date


The    subject   Radio Tower will be located        along    the northwestern       portion of the Wylie Municipal Complex
located at 2000 N      Hwy    78   Currently   the 7 acre tract is
                                                   14                    being    used for municipal administrative services


The above described property shall be used             only    in the        and for the purposes provided for in the
                                                                         manner


Comprehensive Zoning Ordinance of the City            as    amended herein by the granting of this zoning classification




          A      roved B
                                                                  Initial                                      Date

                                                                     RO                                    26
                                                                                                           08
Department       Director

City Manager                                                            111                                           pi


                                                                                                                             Page   1 of 1
                                                        25
                                           ORDINANCE NO 2009


                    AN    ORDINANCE          OF    THE     CITY         OF   WYLIE        TEXAS
                    AMENDING THE COMPREHENSIVE ZONING ORDINANCE
                    OF THE CITY OF         WYLIE AS HERETOFORE AMENDED SO
                    AS   TO   CHANGE         THE   ZONING          ON   THE    HEREINAFTER
                    DESCRIBED      PROPERTY         ZONING CASE NUMBER 2009 05
                    FROM      COMMERCIAL           CORRIDOR             CC      DISTRICT         TO
                    COMMERCIAL CORRIDOR WITH SPECIFIC USE PERMIT
                    SUP FOR        A   252 FOOT         RADIO          TOWER      CC     W SUP

                    DISTRICT       PROVIDING        FOR            A   PENALTY        FOR      THE
                    VIOLATION OF THIS   ORDINANCE PROVIDING FOR THE
                    REPEAL OF ALL ORDINANCES IN  CONFLICT PROVIDING
                    A    SEVERABILITY CLAUSE AND PROVIDING FOR AN
                    EFFECTIVE DATE




       WHEREAS the Planning and Zoning Commission and the governing body of the City of
Wylie Texas in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance have given the requisite notices by publication and otherwise
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended



       NOW THEREFORE                 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF    WYLIE TEXAS

        SECTION 1 That the    Comprehensive Zoning Ordinance of the City of Wylie Texas be                       and
the   same   is
             hereby             by amending the Zoning Map of the City of Wylie to give
                           amended                                                                               the
hereinafter described property a new zoning classification of Corridor Commercial with Specific                  Use
Permit CC    SUP District said property being described in Exhibit A Legal Description                           and
Exhibit B Location Map attached hereto and made                a   part hereof for all purposes

        SECTION 2          That all ordinances of the   City                provisions of this ordinance
                                                               in conflict with the
be and the same are        hereby repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect

        SECTION 3          That the above described     property shall be used only in the       manner   and for the

purposes provided for in the Comprehensive Zoning              Ordinance of the   City   as   amended herein   by the
granting       zoning classification
           of this


        SECTION 4        Any person firm or corporation violating any of the provisions of this
ordinance    or   Comprehensive Zoning Ordinance as amended hereby commits an unlawful act and
                  the
shall be subject to the general penalty provisions of Section 1 of the Zoning Ordinance as the same
                                                              5
now   exists   or   is hereafter amended




Ordinance No 2009 25
Amending zoning from CC to CC with     SUP
Radio Tower at Municipal Complex
         SECTION 5            Should any    paragraph sentence subdivision clause phrase or section of this
ordinance be   adjudged        or   held to be unconstitutional illegal or invalid the same shall not affect the
validity of this ordinance          as a whole or any part or provision thereof other than the part so declared

to be invalid illegal or            unconstitutional and shall not affect the validity of the Comprehensive
Zoning Ordinance as a whole

         SECTION 6            This ordinance shall be in full force and effect from and after its                   adoption by
the   City   Council and   publication     of its   caption   as   the law and the    City   Charter   provide   in such   cases



         SECTION 7             The     repeal    of any ordinance           or   parts thereof by the         enactment    of this
Ordinance shall not be construed as abandoning any action now                        pending      underby or      virtue of such

ordinance nor shall it have the effect of discontinuing abating                       modifying or altering any penalty
accruing     or   to accrue   nor as   effecting    any   rights   of the    municipality under any section or provisions
of any ordinances at the time of passage of this ordinance


         DULY PASSED AND APPROVED                             by   the   City    Council of the   City   of   Wylie Texas     this
11 day       of September 2009




                                                                      Eric   Hogue Mayor

ATTEST




Carole Ehrlich       City Secretary


Date of publication in The Wylie News             September 16       2009




Ordinance No 2009 25

Amending zoning from CC to CC with         SUP
Radio Tower at Municipal Complex
                                       EXHIBIT A
                                  LEGAL DESCRIPTION
                                  ZONING CASE 2009 05


Being   a   tract of   land situated at 2000    Highway 78 North being Abstract No 688
2 Tract 195 in the Francisco De La             Pina Survey also being in the City of Wylie
Collin County Texas
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                                                                                                Wylie City Council
                                                                                AGENDA REPORT
CITY OF WYLIE


          Date              September 8      2009                  Item Number                    F
Meeting
                                                                                                           s
                                                                                                      City Secretary   Use   Only
Department                  Planning
Prepared By                 Charles H Lee AICP                     Account Code

Date   Prepared             August 26      2009                    Budgeted    Amount


                                                                   Exhibits                       1

            ect
            Sub

Consider and       act upon   Final Plat for McKee Addition Block A Lot 1 creating a commercial lot on 0
                              a                                                                             830

acre   dedicating   rights ofway  and a 24 foot access easement on the property The property is generally located
northwest of SH 78 and Eubanks Lane




        Recommendation

Motion to approve                                                                                830
                        Final Plat for McKee Addition Block A Lot 1 creating a commercial lot on 0 acre
                        a


dedicating    rights ofway and a 24 foot access easement on the property The property is generally located
northwest of SH 78 and Eubanks Lane



           Discussion


Developed prior              zoning and subdivision ordinance regulations currently the property consists of
                      to current

three separate commercial buildings Prompted by the applicant recent request for an additional accessory
                                                        s
structure on the site site plan    plat were subsequently submitted to the City for review Final plat will
establish property boundaries easements on the property dedicate access easement and provide for roadway
rights ofway for Eubanks Lane A corresponding site plan was approved by the Planning and Zoning
Commission at its August 18 2009 meeting


This Final Plat     complies with   all   applicable technical requirements     of the   City   of Wylie


Planning Commission voted          7 0 to recommend     approval   of the    Replat




           As B
           roved
                                                                   Initial                                     Date

                                                                    RO                                        09
                                                                                                           08 6
Department       Director

City Manager                                                    rn 1
                                                                                                           1
                                                                                                               3p

                                                                                                                             Page   1 of 1
                                                                                                                                                                                                                                                                                     8002
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                                                                                      Wylie City                 Council

CITY     OF    WYLIE                                                       AGENDA REPORT


                                9                                 Item Number                 G
Meeting Date
                                                                                                  City Secretary Use Only
                                                                                                       s
Department                      WEDC

Prepared By                     Sam Satterwhite                   Account Code

Date   Prepared                 8                                 Budgeted   Amount

                                                                  Exhibits                    1


           ect
           Sub

Consider and place         on   file the Monthly   Revenue and   Expense Report for    the   Wylie   Economic        Development
Corporation    as   of July 31 2009




       Recommendation
                                                  Revenue and                      for the   Wylie   Economic        Development
Accept and place on file the monthly                             Expense Report
Corporation as of July 31 2009




         Discussion


The            Economic     Development Corporation WEDC Board               of Directors    approved   the attached financials
       Wylie
on   August 28      2009




          A    roved B
                                                                 Initial                                  Date

                                                                   SS                                   8 27
Department Director
City Manager                                                                                                a1
                                                                                                                 9G
                                                                                                                 1
                                                                                                                 I




                                                                                                                       Page   1 of 1
 3 1 2009     08          AM                                     CITY       OF   WYLIE                PAGE   1

                                                                    BALANCE      SHE

                                                          AS   OF       JULY     3IST    2009

111 WYLIE   ECONOMIC           DEVEL    CORP




         OOUNTM                      TITLE




ASSETS




  1000 10110        CLAIM       ON    CASH    AND       CASH   EQUIV             24
                                                                                 573
                                                                                 173

  1000 10115        CASH       WEDC INWOOD                                                00
                                                                                          0

  1000 10135        INWOOD       BANK ESCROW                                              00
                                                                                          0

  1000 10180        DEPOSITS          EARNEST MONEY                                       0
                                                                                          00

  1000 10198        OTHER MISC          CLEARING                                          00
                                                                                          0

  1000 10341        TEXPOOL                                                               0
                                                                                          00

  1000 10343        LOGIC                                                                 00
                                                                                          0

  1000 10481        INTEREST          RECEIVABLE                                          0
                                                                                          00

  1000 11511        ACCOUNTS          REC         MISC                                    00
                                                                                          0

  1000   11517      ACCTS       REC         SALES       TAX                               00
                                                                                          0

  1000 12996        LOAN       REC      JACOBY                                            00
                                                                                          0

  1000 12997        ACCTS       REC         JTM    TECH                                   00
                                                                                          0

  1000 12998        ACCOUNTS          REC         SAVAGE                         421
                                                                                 00
                                                                                 443

  1000 14112        INVENTORIES               MATERIAL SUPPLY                             00
                                                                                          0

  1000 14116        INVENTORY               LAND                                 424
                                                                                 811
                                                                                 2
                                                                                 40

  1000 14118        INVENTORY               BAYCO         SANDEN      BLV                 00
                                                                                          0

  1000 14310        PREPAID          EXPENSES                                             00
                                                                                          0

  1000 14410        DEFERRED          CHARGE                                     640
                                                                                 781
                                                                                 60



                                                                                                587
                                                                                                4
                                                                                                24
                                                                                                681




            TOTAL    ASSETS                                                                           681
                                                                                                      587
                                                                                                      4
                                                                                                      24



LIABILITIES




  2000 20110        FEDERAL          INCOME       TAX    PAYABLE                          0
                                                                                          00

  2000 20111        MEDICARE          PAYABLE                                             0
                                                                                          00

  2000 20112        CHILD       SUPPORT       PAYABLE                                     0
                                                                                          00

  2000 20113        CREDIT       UNION       PAYABLE                                      00
                                                                                          0

  2000 20114        IRS    LEVY       PAYABLE                                             00
                                                                                          0

  2000 20115        NATIONWIDE          DEFERRED          COMP                            0
                                                                                          00

  2000 20116        HEALTH       INSUR       PAY    EMPLOYEE                            17
                                                                                        475

  2000 20117        TMRS       PAYABLE                                                    00
                                                                                          0

  2000 20118        ROTH       IRA    PAYABLE                                             0
                                                                                          00

  2000 20119        WORKERS          COMP    PAYABLE                                      00
                                                                                          0

  2000 20120        FICA       PAYABLE                                                    00
                                                                                          0

  2000 20121        TEC    PAYABLE                                                        00
                                                                                          0

  2000 20122        STUDENT          LOAN    LEVY       PAYABLE                           00
                                                                                          0

  2000 20123        ALIMONY          PAYABLE                                              0
                                                                                          00

  2000 20124        BANKRUPTCY          PAYABLE                                           00
                                                                                          0

  2000 20125        VALIC       DEFERRED          COMP                                    00
                                                                                          0

  2000 20126        ICMA       PAYABLE                                                    00
                                                                                          0

  2000 20151        ACCRUED          WAGES    PAYABLE                                     00
                                                                                          0

  2000 20130        ADDIT       EMPLOYEE          INSUR       PAY                       321
                                                                                        83

  2000 20139        MISC       PAYROLL       AYABLE                                       00
                                                                                          0

  2300 20201        AP    PENDING                                                   3
                                                                                    22
                                                                                    503

         20213      ACCOUNTS          PAYABLE                                             0
                                                                                          00

         20530      PROPERTY          TAXES        AYABLE                                 00
                                                                                          0

  2000 20540        NOTES       PAYABLE                                           781
                                                                                  60
                                                                                  640

  2000 20810        DUE    TO    GENERAL          FUND                                    00
                                                                                          0

  2700 22270        DEFERRED          REVENUE                                     80
                                                                                  322
                                                                                  525
3 1 2009     08       AM                          CITY     OF   WYLIE                PAGE   2


                                                     BALANCE    SHEET

                                             AS   OF     JULY   31ST    2009

111 WYLIE   ECONOMIC       DEVEL   CORP




         OUNT                 TITLE




  2000 22915        RENTAL   DEPOSITS                              00
                                                                   1
                                                                   000



            TOTAL    LIABILITIES                                               1
                                                                               107
                                                                               872
                                                                               57



EQUITY



  3000 34590        FUND   BALANCE    UNRESERV UNDESIG          3
                                                                495
                                                                474
                                                                24



            TOTAL    BEGINNING     EQUITY                       24
                                                                3
                                                                495
                                                                474



    TOTAL    REVENUE                                             873
                                                                 039
                                                                 19

    TOTAL    EXPENSES                                            76
                                                                 888
                                                                 704



            REVENUE    OVER UNDER         EXPENSES                15
                                                                  665
                                                                  57



            TOTAL    EQUITY        OVER UNDER                                  3
                                                                               479
                                                                               808
                                                                               67




            TOTAL    LIABILITIES       EQUITY     OVER UNDER                         24
                                                                                     4
                                                                                     587
                                                                                     681
3 12 2009     32
              39          AM                                 CITY     OF   WYLIE                 PAGE




                                                      AS    OF      JULY   31ST    2009

922 GEN    LONG    TERM    DEBT       WEDC




          70UNT4                    TITLE




ASSETS




  1000    10312     GOVERNMENT         NOTES                                        0
                                                                                    00

  1000 18110        LOAN       WEDC                                                 0
                                                                                    00

  1000 18120        Loan       Birmingham                                           0
                                                                                    00

  1000 18210        AMOUNT       TO    BE    PROVIDED                               00
                                                                                    0

  1000 18220        Birmingham          Loan                                        00
                                                                                    0




                                                                                            00
                                                                                            0




            TOTAL    ASSETS                                                                             00
                                                                                                        0




LIABILITIES




  2000 20310        COMPENSATED             ABSENCES       PAYABLE           32
                                                                             720
                                                                             70

  2000 21410        ACCRUED          INTEREST       PAYABLE                   197
                                                                              5
                                                                              00

  2000 28205        WEDC       LOANS       CURRENT                           26
                                                                             699
                                                                             92

  2000 28220        BIRMINGHAM             LOAN                                     00
                                                                                    0

  2000 28230        INWOOD          LOAN                                    534
                                                                            343
                                                                            52

  2000 28240        HUGHES          LOAN    PAYABLE                         46
                                                                            253
                                                                            411

  2000 28250        CITY       OF   WYLIE     LOAN                                  00
                                                                                    0

  2000 28260        PRIME       KUTS       LOAN                             194
                                                                            816
                                                                            47

  2000 28270        BOWLANDIANDERSON                LOAN                     09
                                                                             52
                                                                             125

           8280     CAZAD       LOAN                                        64
                                                                            161
                                                                            612



            TOTAL    LIABILITIES                                                          1
                                                                                          260
                                                                                          926
                                                                                          80



EQUITY



  3000 34590        FUND       BALANCE                                     80
                                                                           1
                                                                           260
                                                                           926



            TOTAL    BEGINNING             EQUITY                          80
                                                                           1
                                                                           260
                                                                           926



    TOTAL    REVENUE                                                                00
                                                                                    0

    TOTAL    EXPENSES                                                               00
                                                                                    0




            REVENUE       OVER
                          UNDER                   EXPENSES                          00
                                                                                    0




            TOTAL    EQUITY            OVER UNDER                                         1
                                                                                          260
                                                                                          926
                                                                                          80




            TOTAL    LIABILITIES              EQUITY         OVER UNDER                                 00
                                                                                                        0
                                                                CITY   OF     WYLIE                                         PAGE          1
a   17 2009    10
               08       AM

                                                REVENUE   AND   EXPENSE     REPORT     UNAUDITED

                                                    AS    OF    JULY   31ST    2009

111 WYLIE     ECONOMIC       DEVEL   CORP

FINANCIAL     SUMMARY




                                               CURRENT          CURRENT        PRIOR   YEAR         YT D          YTD      BUDGET     9   OF


                                                BUDGET           PERIOD        PO    ADJUST        ACTUAL   ENCUMBRANCE   BALANCE   BUDGET




REVENUE    SUMMARY




TAXES                                         1
                                              300
                                              000
                                              00               282
                                                               08
                                                               95                      00
                                                                                       0      832
                                                                                              142
                                                                                              73                   00
                                                                                                                   0      27
                                                                                                                          467
                                                                                                                          857        64
                                                                                                                                     01


INTEREST    INCOME                            10
                                              000
                                              00                 431
                                                                 40                    0
                                                                                       00          47
                                                                                                   5
                                                                                                   418             00
                                                                                                                   0      53
                                                                                                                          581
                                                                                                                          4          54
                                                                                                                                     19


MISCELLANEOUS      INCOME                     109
                                              600
                                              00                100
                                                                00
                                                                4                      00
                                                                                       0       477
                                                                                               99
                                                                                               35                  0
                                                                                                                   00     01
                                                                                                                          74
                                                                                                                          122        37
                                                                                                                                     32


OTHER   FINANCING    SOURCES                      00
                                                  0                0
                                                                   00                  00
                                                                                       0             00
                                                                                                     0             0
                                                                                                                   00        00
                                                                                                                             0        0
                                                                                                                                      00




TOTAL   REVENUES                              1
                                              419
                                              600
                                              00               99
                                                               48
                                                               813                     0
                                                                                       00      19
                                                                                               873
                                                                                               039                 00
                                                                                                                   0      560
                                                                                                                          81
                                                                                                                          546        61
                                                                                                                                     50




EXPENDITURE     SUMMARY




DEVELOPMENT     CORD 9JEDC                    1
                                              875
                                              821
                                              00               76
                                                               129
                                                               89                       0
                                                                                        00     888
                                                                                               704
                                                                                               76                133
                                                                                                                 65       986
                                                                                                                          982
                                                                                                                          59         47
                                                                                                                                     38




TOTAL   EXPENDITURES                          821
                                              875
                                              1
                                              00               129
                                                               76
                                                               89                       0
                                                                                        00     888
                                                                                               704
                                                                                               76                133
                                                                                                                 65       986
                                                                                                                          59
                                                                                                                          982        47
                                                                                                                                     38




REVENUE    OVER UNDER          EXPENDITURES   456
                                              221
                                              00               23
                                                               59
                                                               683                      0
                                                                                        00         15
                                                                                                   665
                                                                                                   57            133
                                                                                                                 65       440
                                                                                                                          78
                                                                                                                          421         46
                                                                                                                                      3
 3 17 2009      08
                10      AM                                                       CITY   OF     WYLIE                                       PAGE       2


                                                                REIENUE    AND   EXPENSE     REPORT      1NAUu
                                                                                                         nu

                                                                    AS    OF     JULY   31ST    2009

111   WYLIE   ECONOMIC       DEVEL    CORP

REVENUES




                                                              CURRENT            CURRENT        PRIOR   YEAR      YTD          YTD       BUDGET       OF

                                                               BUDGET             PERIOD        PO    ADJUST     ACTUAL   ENCUMBRANCE   BALANCE   BUDGET




TAXES

4000 40210      SALES    TAX                                 000
                                                             00
                                                             1
                                                             300               08
                                                                               282
                                                                               95                       0
                                                                                                        00     73
                                                                                                               332
                                                                                                               142               0
                                                                                                                                 00     857
                                                                                                                                        27
                                                                                                                                        467        64
                                                                                                                                                   01

  TOTAL    TAXES                                             000
                                                             300
                                                             1
                                                             00                282
                                                                               95
                                                                               08                        0
                                                                                                         00    832
                                                                                                               142
                                                                                                               73                0
                                                                                                                                 00     27
                                                                                                                                        857
                                                                                                                                        467        64
                                                                                                                                                   01




INTEREST      INCOME

4000 46050      CERTIFICATE          OF    DEPOSIT               00
                                                                 0                  00
                                                                                    0                    0
                                                                                                         00        00
                                                                                                                   0             00
                                                                                                                                 0         00
                                                                                                                                           0        0
                                                                                                                                                    00


4000 46110      ALLOCATED       INTEREST       EARNINGS      10
                                                             00
                                                             000                  40
                                                                                  431                    00
                                                                                                         0       418
                                                                                                                 47
                                                                                                                 5               0
                                                                                                                                 00     581
                                                                                                                                        53
                                                                                                                                        4          54
                                                                                                                                                   18

4000 46140      TEXPOOL      INTEREST                            00
                                                                 0                  0
                                                                                    00                   0
                                                                                                         00        00
                                                                                                                   0             00
                                                                                                                                 0         0
                                                                                                                                           00       0
                                                                                                                                                    00

4000 46143      LOGIC    INTEREST                                00
                                                                 0                  0
                                                                                    00                   0
                                                                                                         00        00
                                                                                                                   0             00
                                                                                                                                 0         0
                                                                                                                                           00       0
                                                                                                                                                    00

4000 46210      BANK    MONEY    MARKET       INTEREST           00
                                                                 0                  00
                                                                                    0                    0
                                                                                                         00        00
                                                                                                                   0             0
                                                                                                                                 00        0
                                                                                                                                           00       00
                                                                                                                                                    0

  TOTAL    INTEREST      INCOME                              10
                                                             000
                                                             00                   40
                                                                                  431                    00
                                                                                                         0       5
                                                                                                                 418
                                                                                                                 47              0
                                                                                                                                 00     53
                                                                                                                                        581
                                                                                                                                        4          54
                                                                                                                                                   18




MISCELLANEOUS      INCOME

4000 48110      RENTAL       INCOME                          400
                                                             108
                                                             00                  4
                                                                                 100
                                                                                 00                      0
                                                                                                         00      99
                                                                                                                 35
                                                                                                                 177             00
                                                                                                                                 0      222
                                                                                                                                        73
                                                                                                                                        01         32
                                                                                                                                                   45

4000 48310      RECOVERY         PRIOR       YEAR    EXPEN       0
                                                                 00                 00
                                                                                    0                    00
                                                                                                         0         0
                                                                                                                   00            0
                                                                                                                                 00        00
                                                                                                                                           0        0
                                                                                                                                                    00

4000 48410      MISC    INCOME                                00
                                                              200
                                                              1                     0
                                                                                    00                   00
                                                                                                         0        300
                                                                                                                  00             00
                                                                                                                                 0       00
                                                                                                                                         900       25
                                                                                                                                                   00

4000 48430      GAIN    ON    SALE    OF    PROPERTY             00
                                                                 0                  0
                                                                                    00                   0
                                                                                                         00        00
                                                                                                                   0             00
                                                                                                                                 0         00
                                                                                                                                           0        0
                                                                                                                                                    00

  TOTAL    MISCELLANEOUS         INCOME                      600
                                                             00
                                                             109                 00
                                                                                 4
                                                                                 100                     00
                                                                                                         0       35
                                                                                                                 477
                                                                                                                 99              00
                                                                                                                                 0      01
                                                                                                                                        74
                                                                                                                                        122        37
                                                                                                                                                   32




OTHER   FINANCING       SOURCES

40         60   TRANSFER       FROM       GENERAL    FUND        0
                                                                 00                 00
                                                                                    0                    0
                                                                                                         00        0
                                                                                                                   00            0
                                                                                                                                 00        0
                                                                                                                                           00       0
                                                                                                                                                    00

400 9325        BANK    NOTE    PROCEEDS                         0
                                                                 00                 0
                                                                                    00                   00
                                                                                                         0         0
                                                                                                                   00            00
                                                                                                                                 0         0
                                                                                                                                           00       0
                                                                                                                                                    00

  TOTAL    OTHER   FINANCING          SOURCES                    00
                                                                 0                  00
                                                                                    0                    00
                                                                                                         0         0
                                                                                                                   00            0
                                                                                                                                 00        00
                                                                                                                                           0        0
                                                                                                                                                    00




TOTAL   REVENUES                                             419
                                                             1
                                                             00
                                                             600               99
                                                                               48
                                                                               813                       00
                                                                                                         0     873
                                                                                                               19
                                                                                                               039               0
                                                                                                                                 00     81
                                                                                                                                        560
                                                                                                                                        546        61
                                                                                                                                                   50
                                                                                       CITY    OF     WYLIE                                     PAGE        3
 3 17 2009          09
                    10       AM

                                                                       REVENUE   ANL   EXPENSE      REPORT     U0IA

                                                                           AS    OF    JULY   31ST     2009


111 ECONOMIC
WYLIE                             DEVEL       CORP


DEVELOPMENT          CORP WEDC


DE       ENTAL        EXPENDITURES
                                                                                                       PRIOR   YEAR     YTD           YTD      BUDGET       OF
                                                                      CURRENT          CURRENT

                                                                                        PERIOD         PO    ADJUST    ACTUAL   ENCUMBRANCE   BALANCE   BUDGET
                                                                       BUDGET




PERSONNEL       SERVICES

                                                                                                               00
                                                                                                               0      134
                                                                                                                      894
                                                                                                                      39               0
                                                                                                                                       00     827
                                                                                                                                              61
                                                                                                                                              39         77
                                                                                                                                                         21
5611 51110          SALARIES                                          00
                                                                      722
                                                                      174             90
                                                                                      12
                                                                                      670

                                                                                          00
                                                                                          0                    0
                                                                                                               00        00
                                                                                                                         0             00
                                                                                                                                       0         00
                                                                                                                                                 0        0
                                                                                                                                                          00
5611 51130          OVERTIME                                             00
                                                                         0

                                                                                          0
                                                                                          00                    0
                                                                                                                00     772
                                                                                                                       00              0
                                                                                                                                       00        2
                                                                                                                                                 00     25
                                                                                                                                                        100
5611 51140          LONGEVITY           PAY                            770
                                                                       00

                                                                                                                00
                                                                                                                0     1
                                                                                                                      781
                                                                                                                      94               00
                                                                                                                                       0       06
                                                                                                                                               118       93
                                                                                                                                                         79
5611 51145          SICK     LEAVE      BUYBACK                       00
                                                                      1
                                                                      900                 0
                                                                                          00

                                                                                          0
                                                                                          00                    00
                                                                                                                0        00
                                                                                                                         0             0
                                                                                                                                       00        00
                                                                                                                                                 0        0
                                                                                                                                                          00
5611 51160          CERTIFICATION             INCENTIVE                  00
                                                                         0

                                                                                          00
                                                                                          0                     0
                                                                                                                00       00
                                                                                                                         0             00
                                                                                                                                       0         0
                                                                                                                                                 00       0
                                                                                                                                                          00
5611 51170           PARAMEDIC          INCENTIVE                        00
                                                                         0

                                                                                                                      360
                                                                                                                      88
                                                                                                                      9                00
                                                                                                                                       0      1
                                                                                                                                              959
                                                                                                                                              12         69
                                                                                                                                                         82
5611 51210          CAR     ALLOWANCE                                 11
                                                                      320
                                                                      00                870
                                                                                        78                      0
                                                                                                                00

                                                                                        228
                                                                                        92                      0
                                                                                                                00    2
                                                                                                                      460
                                                                                                                      89               0
                                                                                                                                       00      515
                                                                                                                                               11        69
                                                                                                                                                         82
5611 51220           PHONE    ALLOWANCE                               2
                                                                      976
                                                                      00
                                                                                          00
                                                                                          0                     0
                                                                                                                00       0
                                                                                                                         00            0
                                                                                                                                       00        0
                                                                                                                                                 00       00
                                                                                                                                                          0
5611 51230           CLOTHING       ALLOWANCE                            0
                                                                         00

                                                                                                                0
                                                                                                                00    626
                                                                                                                      17
                                                                                                                      14               0
                                                                                                                                       00     83
                                                                                                                                              4
                                                                                                                                              365        77
                                                                                                                                                         01
5611 51310           TMRS                                             00
                                                                      992
                                                                      18               54
                                                                                       1
                                                                                       371

                                                                                                                0
                                                                                                                00    601
                                                                                                                      80
                                                                                                                      17               0
                                                                                                                                       00     1
                                                                                                                                              731
                                                                                                                                              80        91
                                                                                                                                                        110
5611 51410           HOSPITAL            LIFE    INSURANCE            00
                                                                      15
                                                                      870              598
                                                                                       20
                                                                                       1

                                                                                         38
                                                                                         22                     0
                                                                                                                00     46
                                                                                                                       439             00
                                                                                                                                       0       54
                                                                                                                                               600       42
                                                                                                                                                         26
5611 51420           LONG TERM          DISABILITY                    1
                                                                      040
                                                                      00

                                                                                                                0
                                                                                                                00    232
                                                                                                                      82
                                                                                                                      7                0
                                                                                                                                       00     4
                                                                                                                                              587
                                                                                                                                              18         19
                                                                                                                                                         61
5611 51440           FICA                                             820
                                                                      11
                                                                      00               1
                                                                                       251
                                                                                       95

                                                                                         292
                                                                                         77                     0
                                                                                                                00    2
                                                                                                                      102
                                                                                                                      28               0
                                                                                                                                       00      797
                                                                                                                                               72        49
                                                                                                                                                         72
5611 51450           MEDICARE                                         2
                                                                      900
                                                                      00

                                                                       490
                                                                       00                     0
                                                                                              00                00
                                                                                                                0      420
                                                                                                                       45              0
                                                                                                                                       00       69
                                                                                                                                                55       81
                                                                                                                                                         85
5611 51470           WORKERS       COMP       PREMIUM

                                                                       540
                                                                       00                     0
                                                                                              00                00
                                                                                                                0       90
                                                                                                                        00             0
                                                                                                                                       00      00
                                                                                                                                               450       16
                                                                                                                                                         67
 5611 51480          UNEMPLOYMENT             COMP    TWC

                                                                                                                00
                                                                                                                0     191
                                                                                                                      783
                                                                                                                      08               0
                                                                                                                                       00     556
                                                                                                                                              92
                                                                                                                                              51         78
                                                                                                                                                         81
      TOTAL    PERSONNEL          SERVICES                            00
                                                                      340
                                                                      243              18
                                                                                       323
                                                                                       28



 SUPPLIES

                                                                                         177
                                                                                         46                     0
                                                                                                                00    5
                                                                                                                      238
                                                                                                                      06               0
                                                                                                                                       00     3
                                                                                                                                              761
                                                                                                                                              94         20
                                                                                                                                                         53
 56           010    OFFICE       SUPPLIES                            9
                                                                      000
                                                                      00

                                                                                          12
                                                                                          55                    0
                                                                                                                00     522
                                                                                                                       14              0
                                                                                                                                       00     1
                                                                                                                                              697
                                                                                                                                              86         23
                                                                                                                                                         52
 2040
 5611                POSTAGE                                          00
                                                                      2
                                                                      220

                                                                          0
                                                                          00                  0
                                                                                              00                0
                                                                                                                00       0
                                                                                                                         00            00
                                                                                                                                       0         0
                                                                                                                                                 00       0
                                                                                                                                                          00
 5611 52130          TOOLS         EQUIPMENT

                                                                      6
                                                                      300
                                                                      00                 88
                                                                                         250                    0
                                                                                                                00    15
                                                                                                                      475
                                                                                                                      2                0
                                                                                                                                       00     3
                                                                                                                                              824
                                                                                                                                              85         29
                                                                                                                                                         39
 5611 52810          FOOD    SUPPLIES

                                                                          00
                                                                          0                   0
                                                                                              00                0
                                                                                                                00       00
                                                                                                                         0             00
                                                                                                                                       0         0
                                                                                                                                                 00       00
                                                                                                                                                          0
 5611 52990          OTHER

                                                                                         46
                                                                                         483                    0
                                                                                                                00    8
                                                                                                                      235
                                                                                                                      35               0
                                                                                                                                       00     284
                                                                                                                                              9
                                                                                                                                              65         01
                                                                                                                                                         47
      TOTAL    SUPPLIES                                               17
                                                                      520
                                                                      00



 MATERIALS          FOR   MAINTENANC

                                                                          00
                                                                          0                   00
                                                                                              0                 0
                                                                                                                00        00
                                                                                                                          0             0
                                                                                                                                        00       0
                                                                                                                                                 00       0
                                                                                                                                                          00
 5611 54630          TOOLS         EQUIPMENT
                                                                                         00
                                                                                         150                    0
                                                                                                                00    1
                                                                                                                      129
                                                                                                                      98                0
                                                                                                                                        00    870
                                                                                                                                              02
                                                                                                                                              1          37
                                                                                                                                                         67
 5611 54810          COMPUTER        HARD S0FTWARE                    3
                                                                      000
                                                                      00

                                                                          0
                                                                          00                  0
                                                                                              00                0
                                                                                                                00        0
                                                                                                                          00            0
                                                                                                                                        00       00
                                                                                                                                                 0        00
                                                                                                                                                          0
 5611 54990          OTHER

                                                                                         00
                                                                                         150                    00
                                                                                                                0     98
                                                                                                                      1
                                                                                                                      129               00
                                                                                                                                        0     02
                                                                                                                                              870
                                                                                                                                              1          37
                                                                                                                                                         67
      TOTAL    MATERIALS          FOR    MAINTENANC                   00
                                                                      3
                                                                      000



 CONTRACTUAL          SERVICES

                                                                                       27
                                                                                       824
                                                                                       80                       0
                                                                                                                00    134
                                                                                                                      851
                                                                                                                      20                0
                                                                                                                                        00    416
                                                                                                                                              657
                                                                                                                                              80          45
                                                                                                                                                          24
 5611 56030           INCENTIVES                                      551
                                                                      509
                                                                      00

                                                                                       208
                                                                                       84
                                                                                       2                        0
                                                                                                                00    58
                                                                                                                      814
                                                                                                                      40              125
                                                                                                                                      00      9
                                                                                                                                              444
                                                                                                                                              40         08
                                                                                                                                                         119
 5611 56040           SPECIAL      SERVICES                           00
                                                                      49
                                                                      495

                                                                                       325
                                                                                       60
                                                                                       3                        0
                                                                                                                00    15
                                                                                                                      27
                                                                                                                      789               00
                                                                                                                                        0     16
                                                                                                                                              945
                                                                                                                                              85          62
                                                                                                                                                          12
 5611 56080           ADVERTISING                                     00
                                                                      44
                                                                      735

                                                                                         250
                                                                                         00                     00
                                                                                                                0     38
                                                                                                                      42
                                                                                                                      610               0
                                                                                                                                        00    352
                                                                                                                                              62
                                                                                                                                              14          74
                                                                                                                                                          30
 5611 56090           COMMUNITY          DEVELOPMENT                  00
                                                                      56
                                                                      963

                                                                                         207
                                                                                         07                     00
                                                                                                                0     28
                                                                                                                      2
                                                                                                                      854               0
                                                                                                                                        00      72
                                                                                                                                                205       28
                                                                                                                                                          93
 5611 56110           COMMUNICATIONS                                  00
                                                                      3
                                                                      060

                                                                      500
                                                                      00
                                                                      19               03
                                                                                       1
                                                                                       321                      00
                                                                                                                0     29
                                                                                                                      16
                                                                                                                      833               0
                                                                                                                                        00    666
                                                                                                                                              71
                                                                                                                                              2           86
                                                                                                                                                          32
 5611 56130           RENTAL

                                                                      279
                                                                      00
                                                                      28               29
                                                                                       1
                                                                                       385                       0
                                                                                                                 00   13
                                                                                                                      172
                                                                                                                      69                0
                                                                                                                                        00    106
                                                                                                                                              15
                                                                                                                                              31          46
                                                                                                                                                          58
 5611 56210           TRAVEL       AND    TRAINING

                                                                                                                 0
                                                                                                                 00   938
                                                                                                                      00
                                                                                                                      6                 00
                                                                                                                                        0       795
                                                                                                                                                00        72
                                                                                                                                                          89
  5611 56250          DUES         SUBSCRIPTIONS                      00
                                                                      733
                                                                      7                3
                                                                                       368
                                                                                       00

                                                                                              0
                                                                                              00                 0
                                                                                                                 00     303
                                                                                                                        00              0
                                                                                                                                        00    2
                                                                                                                                              197
                                                                                                                                              00          12
  5611 56310          INSURANCE                                        2
                                                                       500
                                                                       00

                                                                                                                 0
                                                                                                                 00   188
                                                                                                                      74
                                                                                                                      10                0
                                                                                                                                        00    371
                                                                                                                                              26
                                                                                                                                              7           53
                                                                                                                                                          02
  5611 56510          AUDIT       AND    LEGAL       SERVICES         17
                                                                      560
                                                                      00               1
                                                                                       518
                                                                                       00

                                                                                              0
                                                                                              00                 00
                                                                                                                 0    50
                                                                                                                      15
                                                                                                                      372               0
                                                                                                                                        00    127
                                                                                                                                              50
                                                                                                                                              10          60
                                                                                                                                                          28
  5611 56570          ENGINEERING               ARCHITECT       SVC   00
                                                                      25
                                                                      500

                                                                                         300
                                                                                         94                      0
                                                                                                                 00    2
                                                                                                                       473
                                                                                                                       63               8
                                                                                                                                        65    517
                                                                                                                                              1
                                                                                                                                              72          62
                                                                                                                                                          06
  56          0610    UTILITIES               ELECTRIC                 4
                                                                       000
                                                                       00

                                                                                                                 0
                                                                                                                 00   201
                                                                                                                      26
                                                                                                                      332             133
                                                                                                                                      65      478
                                                                                                                                              499
                                                                                                                                              09          99
                                                                                                                                                          40
                CONTRACTUAL             SERVICES                      00
                                                                      834
                                                                      810              39
                                                                                       37
                                                                                       291
 3 17 2009        08
                  10      AM                                                   CITY   OF     WYLIE                                      PAGE       4

                                                                RE 17E            SE
                                                                               Ex E           T
                                                                                           RE P       7

                                                                     AS   OF   JULY   3IST    2009

111 WYLIE      ECONOMIC         DEVEL   CORP

DEVELOPMENT         CORP WEDC

DEP      VITAL       EXPENDITURES

                                                               CURRENT         CURRENT        PRIOR   YEAR    YTD           YT D      BUDGET       OF

                                                               BUDGET           PERIOD        PO   ADJUST     ACTUAL   ENCUMBRANCE   BALANCE   BUDGET




DEBT    SERVICE          CAP     REPL

5611 57110        DEBT    SERVICE                             00
                                                              501
                                                              274              19
                                                                               26
                                                                               881                    00
                                                                                                      0      08
                                                                                                             236
                                                                                                             865              00
                                                                                                                              0      635
                                                                                                                                     37
                                                                                                                                     92         86
                                                                                                                                                29

5611 57710        BAD    DEBT    EXPENSE                          00
                                                                  0               00
                                                                                  0                   0
                                                                                                      00        00
                                                                                                                0             00
                                                                                                                              0         0
                                                                                                                                        00       00
                                                                                                                                                 0


  TOTAL      DEBT    SERVICE          CAP    REPL             274
                                                              501
                                                              00               26
                                                                               19
                                                                               881                    0
                                                                                                      00     236
                                                                                                             865
                                                                                                             08               00
                                                                                                                              0      92
                                                                                                                                     37
                                                                                                                                     635        86
                                                                                                                                                29




CAPITAL      OUTLAY

5611 58110        LAND                                        00
                                                              400
                                                              000                 00
                                                                                  0                   00
                                                                                                      0      842
                                                                                                             02
                                                                                                             171              0
                                                                                                                              00     157
                                                                                                                                     98
                                                                                                                                     228        42
                                                                                                                                                96

5611 58120        DEVELOPMENT         FEES                        00
                                                                  0               0
                                                                                  00                  0
                                                                                                      00        00
                                                                                                                0             00
                                                                                                                              0         0
                                                                                                                                        00       00
                                                                                                                                                 0

5611 58210        STREETS         ALLEYS                      00
                                                              52
                                                              300                 0
                                                                                  00                  0
                                                                                                      00     30
                                                                                                             713
                                                                                                             00               00
                                                                                                                              0      587
                                                                                                                                     00
                                                                                                                                     21         72
                                                                                                                                                58

5611 58810        COMPUTER       HARD SOFTWARE                00
                                                              3
                                                              000                 0
                                                                                  00                  00
                                                                                                      0       60
                                                                                                              192             00
                                                                                                                              0      40
                                                                                                                                     2
                                                                                                                                     807         6
                                                                                                                                                 42

5611 58830        FURNITURE           FIXTURES                00
                                                              000
                                                              5                   0
                                                                                  00                  00
                                                                                                      0       19
                                                                                                              865             0
                                                                                                                              00     4
                                                                                                                                     81
                                                                                                                                     134        17
                                                                                                                                                30

5611 58995        CONTRA    CAPITAL      OUTLAY                   00
                                                                  0               0
                                                                                  00                  00
                                                                                                      0      02
                                                                                                             842
                                                                                                             171              00
                                                                                                                              0      171
                                                                                                                                     842
                                                                                                                                     02          0
                                                                                                                                                 00

  TOTAL      CAPITAL      OUTLAY                              460
                                                              300
                                                              00                  0
                                                                                  00                  0
                                                                                                      00     31
                                                                                                             770
                                                                                                             79               00
                                                                                                                              0      21
                                                                                                                                     428
                                                                                                                                     529         6
                                                                                                                                                 90




OTHER    FINANCING        USES

5611 59111        TRANSFER       TO   GENERAL    FUND         326
                                                              66
                                                              00                  0
                                                                                  00                  0
                                                                                                      00     66
                                                                                                             325
                                                                                                             57               00
                                                                                                                              0         43
                                                                                                                                        0      00
                                                                                                                                               100

5611 59190        TRANSFER       TO   THORUGHFARE       IMP       00
                                                                  0               00
                                                                                  0                   0
                                                                                                      00     20
                                                                                                             65
                                                                                                             393              0
                                                                                                                              00     393
                                                                                                                                     65
                                                                                                                                     20          00
                                                                                                                                                 0

5611 59990        PROJECT       ACCOUNTING                        0
                                                                  00              00
                                                                                  0                   00
                                                                                                      0         00
                                                                                                                0             00
                                                                                                                              0         00
                                                                                                                                        0        0
                                                                                                                                                 00

  TOTAL      OTHER      FINANCING       USES                  00
                                                              66
                                                              326                 00
                                                                                  0                   00
                                                                                                      0      719
                                                                                                             22
                                                                                                             86               00
                                                                                                                              0      22
                                                                                                                                     393
                                                                                                                                     20        75
                                                                                                                                               130




TO           WELOPMENT      CORP WEDC                         00
                                                              1
                                                              875
                                                              821              129
                                                                               76
                                                                               89                     00
                                                                                                      0      76
                                                                                                             704
                                                                                                             888            65
                                                                                                                            133      982
                                                                                                                                     986
                                                                                                                                     59         38
                                                                                                                                                47




TOTAL    EXPENDITURES                                         875
                                                              821
                                                              1
                                                              00               76
                                                                               129
                                                                               89                     00
                                                                                                      0      76
                                                                                                             704
                                                                                                             888            65
                                                                                                                            133      986
                                                                                                                                     982
                                                                                                                                     59         47
                                                                                                                                                38




REVENUE      OVER    UNDER        EXPENDITURES                221
                                                              456
                                                              00               59
                                                                               23
                                                                               683                    00
                                                                                                      0      15
                                                                                                             57
                                                                                                             665            133
                                                                                                                            65       421
                                                                                                                                     78
                                                                                                                                     440         46
                                                                                                                                                 3




       END   OF   REPORT
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            WYLIE ECONOMIC DEVELOPMENT CORPORATION
                           SALES TAX REVENUE
                         FOR THE MONTH OF JUNE 2009




 MONTH       WEDC          WEDC           WEDC                 DIFF                    DIFF

              2007          2008           2009               08 VS 09           08 VS 09


DECEMBER      82
              910            384
                             82             500
                                            90                    116
                                                                  8                     9
                                                                                        85

JANUARY           614
                  86          89
                              898               531
                                                101               633
                                                                  11                   12
                                                                                       94

FEBRUARY       615
               121           132
                             441                145
                                                246               12
                                                                  805                   9
                                                                                        77

MARCH             172
                  83          86
                              460               87
                                                584                   1
                                                                      124               1
                                                                                        30

APRIL             81
                  377         004
                              86                040
                                                86                      36              0
                                                                                        04

MAY            124
               616           130
                             208                966
                                                130                    758              58
                                                                                        0

JUNE              86
                  779         523
                              99                993
                                                94                    530
                                                                      4                4
                                                                                       55

JULY              996
                  90          98
                              845               282
                                                95                    563
                                                                      3                 3
                                                                                        60

AUGUST         655
               114           563
                             132
SEPTEMBER         99
                  715        165
                             112
OCTOBER           91
                  185        202
                             100
NOVEMBER       124
               515           985
                             142


Sub Total   1
            188
            149           1
                          293
                          678             832
                                          142                   26
                                                                379                    27
                                                                                       3


AUDIT ADJ


TOTAL       188
            149
            1            678
                         1
                         293              142
                                          832                   26
                                                                379                    3
                                                                                       27



                        WEDC SALES TAX ANALYSIS


   000
   160


   140
   000


   000
   120


   000
   100                                     T1
                                                      111M111
                                                      V




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                                                          s




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                  1 111111 1     11
                        IIIIIII
        a

                  I
              0                                                  to          Z
                                                                                             Wylie City                Council

CITY       OF     WYLIE                                                      AGENDA REPORT

Meeting    Date              September 8          2009              Item Number                  H

Division                     Parks and Recreation                                                      City Secretary
                                                                                                            s              Use   Only

Prepared By                  Robert Diaz                            Account Code

Date   Prepared              September 2          2009              Budgeted    Amount

                                                                    Exhibits                     1


            Sub

Consider and       act upon   a   request from Wylie Preparatory Academy           to sell   apparel   and   request   a   gate fee     as a

donation towards      offsetting   costs for games held at    Community      Park for the fall 2009    season




       Recommendation

Motion to approve the request of the         Wylie Preparatory Academy to sell apparel and             allow donations at the gate
towards    offsetting   costs for games    held at Community Park for the fall 2009 season




          Discussion
The  Wylie Preparatory Academy will be holding junior varsity and varsity football games on various Friday
evenings throughout the fall at Community Park They are requesting to sell apparel hats shirts spirit wear at
their games and charge a gate fee to the games in order to offset costs of the game i officials and user fees
                                                                                    e


The Parks and Recreation Board at their             Special Meeting on August 31 2009 unanimously approved the Wylie
Preparatory Academy request           to   sell   apparel and specified that they not charge any gate fee but only ask for
donations to offset costs of the game




          A roved B

                                                                   Initial                                    Date
                                                                    MS                                       9 09
                                                                                                             2
Department        Director

City Manager                                                      f 1m                                           3     D9

                                                                                                                            Page   1 of 1
                                                                CITY     0 F   C1l   1 E




                                                                 Patin    lamas



                  CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM



                                                                                                             EVENT INFORMATION
       NAME OF GROUP ORGANIZATION INDIVIDUAL ETC




                                                                                Location      Community      Park
Name          Wylie Prepatory Academy

                                                                                Date
                                                                                s             9 9 9 9 10 10 10
                                                                                              4 11 18 25 9 16 30

                                                                                Start Time    5pm

                                                                                End Time      9pm

                                                                                Number of Individuals        Vending Items Multiple                1
Contact Person Name            Brad   Schupbach

Address       Wylie   Texas                                                     Target     Audience              general public

                                                                                Anticipated    Number in Attendance at Event          100 200
Phone No 972 948 9892


                                                                                Specific    Items to be Sold
Alternate Phone No


                        Name                                                    hats shirts spirit    wear
Emergency Contact

Address                                                                         gate fee    as a   donation toward offsetting costs


Phone No


Alternate Phone No




                                                               Helpful Information

                                                                                               within all park recreation community center facilities
The   City  Wylie has an exclusive contract that allows the sale of only Pepsi products
             of
and other city facilities If food is prepared on site or if food is prepared offsite and brought to the location to be sold the vendor must contact
                                                                             Permit prior to the sale of such products An Inspector must examine
the City Inspections Office at 972 442 8150 in order to obtain a Health
the food preparation    and food storage equipment to assure the health and safety of customers




                                                                                          to solicit for sale vend peddle sell or offer to sell any
Section 78150 of the City Code of Ordinances states It shall be unlawful for any person
                                                                                                kind or nature whatsoever within the city park or
cold drinks cigars tobaccos cigarettes fruits candies goods wares or merchandise of any
recreation or community center facility provided  however that this section shall not apply to any person organizations firms or corporations
                                                                     or employees of any person who are recommended by the parks and
or the agents of any person or organization firm or corporation
                                                                                                             sale of specified goods wares and
recreation board and approved by the city council to operate a concession or concessions for the
merchandise within the city park or recreation or community center facilities of the city
                                                                Wylie         Parks and Recreation
                                                                          Facilities         Development
CITY         F   WYLIE                                                                    Corporation 4B
                                                        NOTICE OF MEETING

                              Regular Meeting Agenda
                                                     00
                                  September 8 2009 6 pm
                          Wylie Municipal Complex  Council Chambers
                                     2000 Highway 78 North

                       Eric   Hogue                                                       Chairman
                       Rick White                                                           Member
                       Kathy Spillyards                                                     Member
                       Bennie Jones                                                         Member
                       Anne    Hiney                                                        Member
                       Shirley   Burnett                                                    Member
                       Dan Chesnut                                                          Member


                       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 within the required time frame As a courtesy the entire Agenda Packet has also been posted
gov
wvlietexas
on the City of Wylie website www
                             wylietexas
                             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 Office at 972 or TD
                                                                         s                    8100
                                                                                              442
972
8170
442




CALL TO ORDER
PARKS            RECREATION FACILITIES DEVELOPMENT CORPORATION
Announce the presence    of a Quorum

1          Consider and act upon approval of the Minutes from the December 9 2008
           Regular Meeting of the Wylie Parks and Recreation Facilities Development
           Corporation 4B C Ehrlich City Secretary

2          Consider and act upon approval of the FY2009 2010 4B Budget and authorizing
           expenditures for the FY2009 2010 Community     Services Facilities  Capital
           Improvement   Plan L Vaughan Finance Director
September 8   2009              Wylie    Parks and Recreation Facilities
                                                                    Development Corporation           Page   2 of 2

                                                       4B Meeting Agenda


ADJOURNMENT




CERTIFICATION
I cert   that this Notice   of Meeting   was                                             00
                                             posted on this 4th day of September 2009 at 5 p m as required by law
in accordance with Section 551
                           042             of the Texas Government Code and that the appropriate news media was
contacted As   a
                   courtesy this   agenda is also posted on the City of Wylie website www
                                                                                      wylietexas
                                                                                      gov




         Carole   Ehrlich City Secretary                                        Date Notice Removed
                                                  Wylie    Parks and Recreation
                                                         Facilities   Development
CITY    OF     WYLIE
                                                                   Corporation 4B


                                      Regular Meeting
                                            Minutes
                                  Tuesday December 9 2008 6  00   pm
                                       Wylie Municipal Complex
                             Council ChambersCouncil Conference Room
                                       2000 Highway 78 North



CALL TO ORDER
Announce the presence   of a Quorum

Mayor      Hogue convened the Wylie Parks
        Eric                               Recreation Facilities Development Corporation to order
at 23 p with the following members present Mayor Eric Hogue Councilman and board member
   6 m
Merrill Young Councilman and board member Rick White Councilman and board member David Goss
and board member Anne Hiney Board members Dan Chestnut and Shirley Burnett were absent



REGULAR AGENDA




1       Consider and act upon approval of the Minutes of the January 17 2005 Special Called
        Meeting and the September 9 2008 Wylie Parks and Recreation Facilities Development
        Corporation 4B C Ehrlich City Secretary

Board Action


A motion was made    by Vice Chair Anne Hiney seconded by board member White to approve the
Minutes from the September 9 2008 Special Called Meeting of the Wylie Parks and Recreation
Facilities Development Corporation Board as presented A vote was taken and passed 5 0 with board
members Burnett and Chestnut absent



2       Consider and                appointment andor reappointment of the Wylie Parks and
                           act upon the
        Recreation Facilities Development Corporation 4B Officers and to appoint a Chair and
        Vice Chairman from its board members for a term beginning January 1 2007 and ending
        December 31 2008 C Ehrlich City Secretary


Board Action


Appointment of 4B Chair and Vice Chair


A motion     was    by Councilman board member White seconded by Councilman board member
                   made
Young    appoint Mayor board member Eric Hogue as chair and Anne Hiney as the vice chair of the
        to
Wylie Parks and Recreation Facilities Development Corporation Board 4B for a two year term
                                                                                                                 Page   2 of 2
  December 9 2008             Wylie   Park and Recreation Facilities   Development Corporation 4B


                                                                          A vote          taken and the motion   passed    5
  beginning January 1     2009 and    ending December 31 2010                      was

  0 with board members Burnett and Chestnut absent


  Board Action


  Appointment of 4B Officers

                                                                            Councilman board member
  A motion was made     by Councilman board member White seconded by
                                                  as President Assistant City Manager Jeff Butters as
  Young to appoint City Manager Mindy Manson
                                                                            and City Secretary Carole
  Vice President Interim Finance Director Melissa Beard as Treasurer
                                                                                            Board 4B
  Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation
                                                                  2010 A vote was taken and the motion
  for a term beginning January 1 2009 and ending December 31
  passed   5 0 with board members Burnett and Chestnut absent



  ADJOURN


  With   no further business before the Wylie Parks and Recreation Facilities Development Corporation
         the meeting was adjourned at 6 p
                                        30 m        Consensus of the board members present was to
   4B
   adjourn




                                                                                   Eric   Hogue   Chair




ATTEST




Carole Ehrlich   City Secretary
                                                                        Wylie         Parks and Recreation
CITY       OF    WYLIE                                                            Facilities     Development
                                                                                              Corporation 4B
                                                                            AGENDA REPORT

Meeting   Date               September 8    2009                    Item Number                2

                           Finance                                                                   City Secretary
                                                                                                          s           Use   Only
Department

Prepared By                Linda    Vaughan                        Account Code

Date   Prepared            August 28     2009                       Budgeted    Amount

                                                                    Exhibits                   4B    Budget

           Sub ect

Consider and      act upon    approval of the FY2009 2010 4B Budget and authorize expenditures for                    the FY2009
2010   Community      Services Facilities Capital Improvement Plan

       Recommendation
Motion    to approve FY20092010 4B        Budget         and authorize      expenditures for the     FY20092010       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 2 cent sales tax for parks recreation and library projects
The Board of Directors of the       Corporation are

                                    Mayor Eric Hogue
                                    Councilmember Bennie Jones
                                    Councilmember Rick White
                                    Councilmember        Kathy Spillyards
                                    Shirley   Burnett     Library Board Member
                                    Dan Chesnut         Parks Board Member
                                    Anne    Hiney   Parks Board Member


As set out in the Articles of Incorporation the Board has the power to authorize the
                                                                                     expenditure of sales tax
receipts for projects approved by the City Council Further the Bylaws state that It shall be the        and      duty
obligation of the Board to finance and implement           the   Community     Services Facilities   Capital Improvement      Plan
as adopted
           by the Wylie City Council

         A
         A roved B

                                                                  Initial                                 Date

                Director                                           LV                                    09
                                                                                                         8
                                                                                                         28
Department
City Manager                                                     I0                                     1
                                                                                                        3
                                                                                                        01
                                                                                                                       Page   1 of 1
                          4B SALES TAX REVENUE FUND



The   Wylie   Park                            Development Corporation the 4B Corporation was
                      and Recreation Facilities
                                                              of Wylie  The activities of the 4B
established   to   promote economic development with the City
                    accounted for in  fund types The two funds are titles the 4B Sales Tax Revenue
                                       two
Corporation   are

Fund and the 4B Debt Service Fund          The special revenue fund accounts for the use of the 4B
                                                                                             the City as a
Corporationsales tax revenue and is restricted by State legislation to improve the appeal of
place to live work      visit and to promote economic development Sales taxes are levied in Wylie at
8 of goods and
25                      services sold within the City boundaries Of this 8 tax 0 of the City
                                                 s                       25       5          s
share goes to the 4B Sales Tax Revenue Fund
                                     4B RECREATION



 As   adivision of the Public Services Department this division supports the overall recreation
                                                                 The division is funded by 4B Sales
programming functions administered by the Recreation Division
Tax revenue and is used as a            cost center to the General Fund Recreation 5521 budget
                              supplemental




                                      BUDGET       BUDGET        BUDGET        BUDGET

STAFFING                              2006 2007    2007 2008     2008 2009     2009 2010

Recreation                               1
                                         0            0
                                                      1              0
                                                                     1            1
                                                                                  0
             Supervisor
                                         0            0              0            1
                                                                                  0
Recreation   Superintendent
           Monitor                       0            0              0            1
                                                                                  0
Building
Recreation Manager                       0            0              0            5
                                                                                  0

Fitness Programmer                       0            0              0            25
                                                                                  0

Recreation Programmer                    0            0              0            0
                                                                                  5

           Monitor Part
                   time                  75
                                         1            1
                                                      75             1
                                                                     75           75
                                                                                  1
Building
TOTAL                                    2
                                         75           75
                                                      2              2
                                                                     75            0
                                                                                   6
                                              4B PARKS



The 4B Parks is                 for the   development   and maintenance of   parks   This is   a   division of the
                  responsible
Public Services Department The 4B Sales Tax Revenue Fund 4B Parks is a supplemental cost center
to the General Fund Parks Department The sales tax revenue is restricted by State legislation
                s                                                                             to

           the appeal of the City as a place to live work and  visit and promoting economic
improving
development




                                                BUDGET          BUDGET          BUDGET                BUDGET

 STAFFING                                      2006 2007       2007 2008       2008 2009              2009 2010


 Asst Parks                                             0
                                                        1             0
                                                                      1                  0
                                                                                         1                    0
              Superintendent
 Field   Supervisor                                     1
                                                        0             1
                                                                      0                  1
                                                                                         0                    1
                                                                                                              0

 Maintenance Worker                                     2
                                                        0             2
                                                                      0                  2
                                                                                         0                    2
                                                                                                              0

 TOTAL                                                  4
                                                        0             0
                                                                      4                 0
                                                                                        4                     3
                                                                                                              0
                                      4B REVENUE FUND


                           STATEMENT OF REVENUES AND EXPENDITURES




                                         ACTUAL     BUDGET     PROJECTED    BUDGET

                                         20072008   20082009     20082009   2009 2010

BEGINNING BALANCE                         868
                                          940        260
                                                     680         121
                                                                 102
                                                                 1          1
                                                                            071
                                                                            326


REVENUES

  Sales Taxes                             225
                                          1
                                          000       300
                                                    1
                                                    000           1
                                                                  000
                                                                  225       475
                                                                            1
                                                                            420
  Interest Revenues                         000
                                            10          10
                                                        000         10
                                                                    000         4
                                                                                000
  Other   Financing   Sources



TOTAL REVENUES                           235
                                         1
                                         000        310
                                                    1
                                                    000          1
                                                                 000
                                                                 235        479
                                                                            1
                                                                            420
TOTAL AVAILABLE RESOURCES                2
                                         940
                                         103        1
                                                    260
                                                    990          121
                                                                 337
                                                                 2          2
                                                                            491
                                                                            805



EXPENDITURES

  Community     Services

     Parks                                920
                                          330        415
                                                     080          330
                                                                  920        901
                                                                             244
     Recreation                           709
                                          104        115
                                                     220          113
                                                                  940        936
                                                                             440


Transfers to Other Funds                   190
                                           566          300
                                                        565        190
                                                                   566        300
                                                                              565
TOTAL EXPENDITURES                       001
                                         1
                                         819        095
                                                    1
                                                    600          1
                                                                 050
                                                                 011        251
                                                                            1
                                                                            137
ENDING FUND BALANCE                      1
                                         121
                                         102         660
                                                     894         071
                                                                 326
                                                                 1          1
                                                                            354
                                                                            554
112 4B SALES TAX REVENUE FUND
4B PARKS
DEPARTMENTAL EXPENDITURES
                                            20072008       2008 2009         2008 2009        2009 2010

                                            ACTUAL         BUDGET          PROJECTED         PROPOSED

PERSONNEL SERVICES
5614 51110 SALARIES                           183
                                              075            480
                                                             189               189
                                                                               480              315
                                                                                                124
5614 51130 OVERTIME                            11
                                               977           14
                                                             500                500
                                                                                14               500
                                                                                                 14
                                                               190
                                                               1                 060
                                                                                 1                  938
5614 51140 LONGEVITY PAY                        056
                                                1
                                                 641             720               640                0
5614 51145 SICK LEAVE BUYBACK
                                                 786           1
                                                               890               890
                                                                                 1                    0
5614 51160 CERTIFICATION INCENTIVE
                                                   0               0                 0                0
5614 51170 PARAMEDIC INCENTIVE
                                                   0               0                 0                0
5614 51210 CAR ALLOWANCE
                                                   0               0                 0            470
                                                                                                  1
5614 51220 PHONE ALLOWANCE
5614 51230 CLOTHING ALLOWANCE                   1
                                                440            440
                                                               1                 440
                                                                                 1                2
                                                                                                  160
5614 51310 TMRS                                419
                                               18             20
                                                              840               18
                                                                                610              688
                                                                                                 15
5614 51410 HOSPITAL     LIFE INSURANCE         32
                                               424            690
                                                              40                38
                                                                                410              23
                                                                                                 025
                                                 425           1
                                                               060               1
                                                                                 000                696
5614 51420 LONG TERM DISABILITY
561451440 FICA                                 11
                                               942            12
                                                              970               12
                                                                                310               8
                                                                                                  890
5614 51450 MEDICARE                             2
                                                793            030
                                                               3                880
                                                                                2                 2
                                                                                                  079
561451470 WORKERS COMP PREMIUM                  500
                                                3              3
                                                               620              4
                                                                                050               2
                                                                                                  345
                                                 396           080
                                                               1                 080
                                                                                 1                  810
5614 51480 UNEMPLOYMENT COMP        TWC
TOTAL PERSONNEL SERVICES                      268
                                              875            510
                                                             292               350
                                                                               287               196
                                                                                                 916


SUPPLIES
                                                   0               0                 0               50
5614 52130 TOOLS AND    EQUIPMENT
                                                   0               0                 0               50
TOTAL SUPPLIES


CONTRACTUAL SERVICES
5614 56040 SPECIAL SERVICES                       137          72
                                                               120               500
                                                                                 25               715
                                                                                                  45
                                                    0                  0             0             770
                                                                                                   1
5614 56210 TRAVEL AND TRAINING
                                                    0                  0             0              450
5614 56250 DUES AND SUBSCRIPTIONS

TOTAL CONTRACTUAL SERVICES                        137          72
                                                               120               500
                                                                                 25               935
                                                                                                  47


DEBT SERVICE        CAP REPL
                                                       0               0                 0                0
5614 57310 DEBT SERVICE FISCAL AGENT FEE
                                                       0               0                 0                0
561457420 BOND ISSUE COSTS
                                                   40                  0                 0                0
5614 57710 BAD DEBT EXPENSE
                                                       0               0                 0                0
 5614 57810 CAPITAL REPLACEMENT FEES
                         CAP REPL                  40                  0                 0                0
TOTAL DEBT SERVICE


 CAPITAL OUTLAY
                                                       0               0                 0                0
 5614 58110 LAND
                                                16
                                                745            50
                                                               450               070
                                                                                 18                       0
 5614 58150 LAND BETTERMENTS
                                                       0               0                 0                0
 5614 58510 MOTOR VEHICLES
                                                       0               0                 0                0
 5614 58530 HEAVY   EQUIPMENT
                          FIXTURES                     0               0                 0                0
 5614 58830 FURNITURE
                                                       0               0                 0                0
 5614 58840 OUTDOOR FURNITURE     EQUIPME
                                                       0               0                 0                0
 5614 58850 MAJOR TOOLS     EQUIPMENT
                                                       0               0                 0                0
 5614 58910 BUILDINGS
                                                16
                                                745            50
                                                               450               070
                                                                                 18                       0
 TOTAL CAPITAL OUTLAY


 TOTAL 4B PARKS                                285
                                               796            080
                                                              415               330
                                                                                920              901
                                                                                                 244
112 4B SALES TAX REVENUE FUND
4B RECREATION
DEPARTMENTAL EXPENDITURES
                                             2007 2008   20082009     20082009    2009 2010
                                             ACTUAL      BUDGET     PROJECTED    PROPOSED

PERSONNEL SERVICES
5615 SALARIES
51110                                           447
                                                45          210
                                                            52          51
                                                                        330         193
                                                                                    048
5615 51112 SALARIES PARTTIME                    39
                                                579         39
                                                            520         39
                                                                        520         58
                                                                                    708
5615 51130 OVERTIME                              403
                                                 1              0            0            0
5615 51140 LONGEVITY PAY                           168        210          170          962
5615 51145 SICK LEAVE BUYBACK                      414        280          420        513
                                                                                      1
5615 51160 CERTIFICATION INCENTIVE                   0        330            0        3
                                                                                      140
5615 51170 PARAMEDIC INCENTIVE                       0          0            0            0

5615 51210 CAR ALLOWANCE                             0          0            0            0
5615 51220 PHONE ALLOWANCE                           0          0            0        210
                                                                                      5
5615 51230 CLOTHING ALLOWANCE                        0          0            0        1
                                                                                      300
5615 51310 TMRS                                  3
                                                 445         090
                                                             5            010
                                                                          5          22
                                                                                     357
5615 51410 HOSPITAL     LIFE INSURANCE           347
                                                 5           7
                                                             280          7
                                                                          280        559
                                                                                     56
5615 51420 LONG TERM DISABILITY                    156        510          500        1
                                                                                      410
5615 51440 FICA                                  397
                                                 5           740
                                                             5            5
                                                                          680        16
                                                                                     299
5615 51450 MEDICARE                              1
                                                 262         1
                                                             340          330
                                                                          1           3
                                                                                      812
5615 51470 WORKERS COMP PREMIUM                  500
                                                 1           1
                                                             730          720
                                                                          1           4
                                                                                      922
5615 51480 UNEMPLOYMENT COMP TWC                   591        980          980        2
                                                                                      496
TOTAL PERSONNEL SERVICES                       104
                                               709         220
                                                           115          940
                                                                        113         371
                                                                                    736

SUPPLIES
5615 52010 OFFICE SUPPLIES                           0          0            0        400
                                                                                      2
5615 52070 COMPUTER SOFTWARE                         0          0            0            0

5615 52130 TOOLS EQUIP UNDER 100                     0          0            0       900
                                                                                     13
5615 52160   TOOLS 100 999
             EQUIP     99                            0          0            0            0

5615 52310 FUEL    LUBRICANTS                        0          0            0        600
                                                                                      7
5615 52610 RECREATION SUPPLIES                       0          0            0        2
                                                                                      000
5615 52710 WEARING APPAREL        UNIFORMS           0          0            0            0

5615 52810 FOOD SUPPLIES                             0          0            0        500
                                                                                      3
5615 52990 OTHER                                     0          0            0            0

TOTAL SUPPLIES                                       0          0            0       29
                                                                                     400


MATERIALS FOR MAINTENANCE
5615 54510 MOTOR VEHICLES                            0          0            0            0
5615 54530 HEAVY EQUIPMENT                           0          0            0            0
5615 54630 TOOLS  EQUIPMENT                          0          0            0          500
5615 54650 COMMUNICATIONS                            0          0            0            0

5615 54810 COMPUTER HARDSOFTWARE                     0          0            0            0

5615 54910 BUILDINGS                                 0          0            0            0

TOTAL MATERIALS FOR MAINTENANCE                      0          0            0          500



CONTRACTUAL SERVICES
5615 56040 SPECIAL SERVICES                          0          0            0        500
                                                                                      18
5615 56080 ADVERTISING                               0          0            0        11
                                                                                      000
5615 56110 COMMUNICATIONS                            0          0            0         200
                                                                                       1
5615 56180 RENTAL                                    0          0            0          900
5615 56210 TRAVEL      TRAINING                      0          0            0         3
                                                                                       500
5615 56250 DUES     SUBSCRIPTIONS                    0          0            0         700
                                                                                       2
TOTAL CONTRACTUAL SERVICES                           0          0            0        800
                                                                                      37
112 4B SALES TAX REVENUE FUND
4B RECREATION
DEPARTMENTAL EXPENDITURES
                                       2007 2008   2008 2009     2008 2009    20092010
                                       ACTUAL      BUDGET      PROJECTED     PROPOSED
CAPITAL OUTLAY
5615 58150 MOTOR VEHICLES                      0           0             0           0

5615 58810 COMPUTER HARDSOFTWARE               0           0             0        1
                                                                                  500
5615 58830 FURNITURE     FIXTURES              0           0             0           0

5615 58850 MAJOR TOOLS     EQUIPMENT           0           0             0           0

5615 58995 CONTRA CAPITAL OUTLAY               0           0             0           0

TOTAL CAPITAL OUTLAY                           0           0             0        500
                                                                                  1

TOTAL 4B RECREATION                      104
                                         709         220
                                                     115           940
                                                                   113          440
                                                                                936
                                                                                       Wylie City             Council

CITY      OF      WYLIE                                                    AGENDA REPORT
          q



Meeting   Date             September 8   2009                     Item Number              1
                                                                                               City Secretary
                                                                                                    s            Use   Only
Department                 Finance

Prepared By                Finance                                Account Code

Date   Prepared            August 28   2009                       Budgeted    Amount
                                                                                           All Funds   Summary Budget
                                                                  Exhibits                 Ordinance


              ect
              Sub

Consider and act upon Ordinance No 2009 26 adopting a budget and appropriating                  resources     for Fiscal Year
2009 2010 beginning October 1 2009 and ending September 30 2010




       Recommendation
Motion to approve Ordinance No 2009 26 adopting the budget and appropriating                    resources     for Fiscal Year
2009 2010 beginning October 1 2009 and ending September 30 2010




          Discussion
The tax rate   being proposed   for Fiscal Year 2009 2010 is 0 per 100 of assessed valuation
                                                             8989

The attached summary of all          operating   and   capital   funds includes the     budget for   the    Wylie   Economic
Development Corporation

The    adoption   of the FY 2009 2010 tax rate is   presented    as a   separate agenda item




          A roved B
                                                                 Initial                               Date

                                                                  LV                                 8
                                                                                                     28
                                                                                                     09
Department Director
City Manager                                                     Mm                                  1 13   1


                                                                                                                    Page   1 of 1
                                                  26
                                     ORDINANCE NO 2009



                  AN      ORDINANCE          OF   THE      CITY      OF    WYLIE TEXAS
                  ADOPTING    A   BUDGET   AND     APPROPRIATING
                   RESOURCES FOR FISCAL YEAR 2009 2010 BEGINNING
                   OCTOBER 1 2009 AND ENDING SEPTEMBER 30 2010
                   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 2009 2010 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 25 2009 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




         THEREFORE BE
       NOW                               IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE TEXAS


        Section 1       That the   proposed budget   of the        of the City and the expenses
                                                                revenues

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 2009 2010

        Section 2       That the   sumof seventy nine million one hundred forty thousand and
nine hundred    fifty     four dollars 79 is hereby appropriated for the City FY
                                       140
                                       954                                         s
2009 2010     Budget      These funds are for payment of operating capital and debt service
                                                                                to the
expenses associated with the operation and administration of the City according
various purposes and intents described in the FY 2009 2010 budget document


        Section 3      specific authority is hereby given to the City Manager to transfer
                        The

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 2009 26
Approval   of Budget FY2009 2010
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   8 day   of   September   2009




                                                      Eric Hogue        Mayor


ATTEST




Carole Ehrlich     City Secretary




Date of publication in The      Wylie   News   September 16   2009




 Ordinance No 2009 26
 Approval   of Budget FY2009 2010
 2
                     SUMMARY OF         REVENUES EXPENDITURES AND CHANGES          IN FUND BALANCE

                                               ALL OPERATING AND CAPITAL FUNDS
                                                   FISCAL YEAR 2009 2010 BUDGET



                                                                                           DEBT SERVICE FUNDS

                                                                               SPECIAL
                                                                     GENERAL   REVENUE    G 0 DEBT    4B DEBT
                                                                      FUND      FUNDS     SERVICE     SERVICE


ESTIMATED BEGINNING BALANCES                                           006
                                                                       9
                                                                       211        090
                                                                                  4
                                                                                  038        210
                                                                                             648         051
                                                                                                         189
REVENUES

 Ad Valorem Taxes                                                     668
                                                                      12
                                                                      922                   8
                                                                                            450
                                                                                            028
 Non Property Taxes                                                    957
                                                                       2
                                                                       840        1
                                                                                  520
                                                                                  475
 Franchise Fees                                                        984
                                                                       1
                                                                       240
 Licenses         Permits                                               219
                                                                        030
 Intergovernmental                                                      267
                                                                        606        500
                                                                                   59
 Service Fees                                                          2
                                                                       032
                                                                       232        000
                                                                                  580
 Court Fees                                                             107
                                                                        548
 Interest         Misc Income                                           248
                                                                        946       650
                                                                                  149         000
                                                                                              12

TOTAL REVENUES                                                        21
                                                                      384
                                                                      465         670
                                                                                  264
                                                                                  2         8
                                                                                            450
                                                                                            040
 Transfers from Other Funds                                             455
                                                                        000       370
                                                                                  1
                                                                                  427        300
                                                                                             233         565
                                                                                                         300
 Use of Fund Balance for        Emerg   Communications                  811
                                                                        013
 Use of Fund Balancefor General         Obligation Debt   Services      000
                                                                        200
 Use of Fund Balance for Streets         Quiet Zones                    000
                                                                        150

TOTAL AVAILABLE RESOURCES                                             926
                                                                      30
                                                                      595         725
                                                                                  7
                                                                                  135       484
                                                                                            8
                                                                                            398          351
                                                                                                         754

EXPENDITURES
 General Government                                                    077
                                                                       6
                                                                       656
 PublicSafety                                                         078
                                                                      368
                                                                      10          114
                                                                                  2
                                                                                  427
 Development        Services                                           281
                                                                       513
                                                                       1
 Streets                                                               237
                                                                       1
                                                                       551
 Community         Services                                            107
                                                                       2
                                                                       491        1
                                                                                  251
                                                                                  137
 Utilities
 Debt Service                                                                               989
                                                                                            7
                                                                                            837          242
                                                                                                         562
 Capital Projects
 Economic Development                                                             303
                                                                                  2
                                                                                  685

TOTAL EXPENDITURES                                                    21
                                                                      905
                                                                      455         669
                                                                                  5
                                                                                  249       989
                                                                                            7
                                                                                            837          242
                                                                                                         562
Transfers    to   Other Funds                                          1
                                                                       603
                                                                       727          000
                                                                                    5

ENDING FUND BALANCE                                                    7
                                                                       963
                                                                       866        886
                                                                                  050
                                                                                  2          561
                                                                                             494         109
                                                                                                         192
                        SUMMARY OF      REVENUES EXPENDITURES               AND CHANGES IN FUND BALANCE

                                                   ALL OPERATING AND CAPITAL FUNDS
                                                       FISCAL YEAR 2009 2010 BUDGET



                                                                                      PROPRIETARY FUNDS

                                                                       CAPITAL

                                                                       PROJECTS      UTILITY       FLEET       TOTAL ALL
                                                                        FUNDS         FUND        REPLACE       FUNDS


ESTIMATED BEGINNING BALANCES                                             700
                                                                         33
                                                                         461           9
                                                                                       747
                                                                                       482            734
                                                                                                      269          57
                                                                                                                   413
                                                                                                                   425
REVENUES
 Ad Valorem Taxes                                                                                                  372
                                                                                                                   20
                                                                                                                   697
 Non   Property      Taxes                                                                                         4
                                                                                                                   433
                                                                                                                   360
 Franchise Fees                                                                                                     240
                                                                                                                    1
                                                                                                                    984
 Licenses         Permits                                                                                            030
                                                                                                                     219
 Intergovernmental                                                                                                   767
                                                                                                                     665
 Service Fees                                                              000
                                                                           500         400
                                                                                       000
                                                                                       9                           12
                                                                                                                   712
                                                                                                                   032
 Court Fees                                                                                                          107
                                                                                                                     548
 Interest         Misc Income                                              000
                                                                           778           60
                                                                                         000           7
                                                                                                       000          255
                                                                                                                    596
                                                                                                                    1

TOTAL REVENUES                                                            278
                                                                          000
                                                                          1            000
                                                                                       460
                                                                                       9               000
                                                                                                       7           42
                                                                                                                   515
                                                                                                                   504
 Transfers from Other Funds                                                            500
                                                                                       000
                                                                                       1                            027
                                                                                                                    4
                                                                                                                    124
 Use of Fund Balance for        Emerg Communications                                                                 013
                                                                                                                     811
 Use of Fund Balancefor General       Obligation   Debt Services                                                     000
                                                                                                                     200
 Use of Fund Balance for Streets       Quiet   Zones                                                                 000
                                                                                                                     150

TOTAL AVAILABLE RESOURCES                                                34
                                                                         978
                                                                         461          747
                                                                                      442
                                                                                      20              269
                                                                                                      741         104
                                                                                                                  052
                                                                                                                  956

EXPENDITURES
 General Government                                                                                   110
                                                                                                      000           656
                                                                                                                    6
                                                                                                                    187
 Public    Safety                                                                                     165
                                                                                                      090          595
                                                                                                                   12
                                                                                                                   647
 Development         Services                                                                                       513
                                                                                                                    1
                                                                                                                    281
 Streets                                                                                                            1
                                                                                                                    237
                                                                                                                    551
 Community         Services                                                                                         244
                                                                                                                    3
                                                                                                                    742
 Utilities                                                                             845
                                                                                       397
                                                                                       8                            397
                                                                                                                    8
                                                                                                                    845
 Debt Service                                                                          498
                                                                                       727
                                                                                       1                           806
                                                                                                                   10
                                                                                                                   050
 Capital Projects                                                        785
                                                                         780
                                                                         30                                        780
                                                                                                                   30
                                                                                                                   785
 Economic Development                                                                                               2
                                                                                                                    303
                                                                                                                    685

TOTAL EXPENDITURES                                                       785
                                                                         30
                                                                         780           10
                                                                                       344
                                                                                       124            275
                                                                                                      090          082
                                                                                                                   227
                                                                                                                   77
Transfers    to   Other Funds                                                           000
                                                                                        450                         2
                                                                                                                    058
                                                                                                                    727

ENDING FUND BALANCE                                                       192
                                                                          4
                                                                          681          9
                                                                                       623
                                                                                       648            466
                                                                                                      179          912
                                                                                                                   24
                                                                                                                   002


                                                                                             TOTAL REVENUES        639
                                                                                                                   46
                                                                                                                   531

                                                                   NET DECREASE   INCREASE   IN FUND BALANCE       423
                                                                                                                   32
                                                                                                                   501

                                                                                  TOTAL APPROPRIABLE FUNDS         79
                                                                                                                   954
                                                                                                                   140
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H    M    4                                     MW                                            I        I    W                                               F    F    W
                                                                                              Wylie City                 Council

CITY       OF   WYLIE                                                             AGENDA REPORT


                           September 8          2009                   Item Number                    2
Meeting Date
                                                                                                                s
                                                                                                           City Secretary    Use   Only
Department                 Finance

Prepared By                Linda     Vaughan                           Account Code

Date   Prepared            August 28          2009                      Budgeted     Amount

                                                                        Exhibits


            ect
            Sub

Consider and      act upon   ratifying    the property tax increase reflected in the          approved City     of   Wylie   Fiscal Year
2009 2010     Budget




       Recommendation
Motion to     ratify the property      tax increase reflected in the             approved City   of   Wylie   Fiscal Year 2009 2010
Budget



          Discussion
H No 3195
B                 was   approved during         the 2007    Legislative Session creating      a new       requirement   for the    approval
of the     budget Under Section 4 subsection C the bill states Adoption of a budget that will require raising
more     revenue from property taxes than in the previous year requires a separate vote of the governing body to

ratify    the property tax increase reflected in the budget A vote under this subsection is in addition to and

separate from the      vote to    adopt   the   budget   or a   vote to set the tax rate  required by Chapter 26 Tax Code or
other law       This   budget    will raise   more     total property taxes than last   year budget by 274 or 1
                                                                                        s              884         40    and
of that amount 854 is tax
               215                     revenue       to be raised from new property added to the roll this year




           A roved B
                                                                       Initial                                   Date
                                                                        LV                                      09
                                                                                                                8
                                                                                                                28
Department Director
City Manager                                                         M
                                                                     I                                            3      0




                                                                                                                              Page    1 of 1
CITY
     14t  OF     WYLIE                                                      AGENDA REPORT
                                                                                           Wylie City             Council




          Date              September 8    2009                    Item Number                 3
Meeting
                                                                                                    City Secretary
                                                                                                         s           Use   Only
Department                  Finance

Prepared By                 Linda   Vaughan                        Account Code

Date   Prepared             August 28 2009                         Budgeted    Amount

                                                                   Exhibits                    4B   Budget

           ect
           Sub

Consider and      act upon   approval   of the FY2009 2010 4B        Budget    and authorize   expenditures   for the FY 2009
2010   Community     Services Facilities   Capital Improvement      Plan




       Recommendation
Motion to approve FY2009 2010 4B Budget and authorize                       expenditures   for the FY2009 2010        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 2 cent sales tax for parks recreation and library projects
The Board of Directors of the       Corporation      are




                                    Mayor     Eric   Hogue
                                    Councilmember Bennie Jones
                                    Councilmember Rick White
                                    Councilmember          Kathy Spillyards
                                    Shirley   Burnett       Library Board Member
                                    Dan Chesnut         Parks Board Member
                                    Anne   Hiney       Parks Board Member


As set out in the Articles of Incorporation the Board has the power to authorize the                expenditure   of sales tax

receipts for projects approved by the City Council Further the Bylaws state that It shall be the duty and
obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan
as   adopted by the Wylie City Council


          A roved B
                                                                  Initial                                  Date
                                                                   LV                                    09
                                                                                                         8
                                                                                                         28
Department       Director

City Manager                                                      ri y                                    1
                                                                                                                       Page   1 of 1
                             4B SALES TAX REVENUE FUND



The     Wylie   Park   and   Recreation   Facilities   Development Corporation the               4B    Corporation    was

established to promote economic development with the City of Wylie         The activities of the 4B
Corporation are accounted for in two fund types The two funds are titles the 4B Sales Tax Revenue
Fund and the 4B Debt Service Fund           The special         revenue    fund accounts for the          use   of the 4B
Corporation sales tax revenue and is restricted by State       legislation  to   improve   the   appeal   of the City as a
place   to   live work visit and   to   promote economic      development        Sales taxes     are   levied in Wylie at
8 of
25           goods   and services sold within the      City
                                                       s      boundaries   Of this 8 tax
                                                                                   25                  0 of the City
                                                                                                       5            s
share goes to the 4B Sales Tax Revenue Fund
                                            4B RECREATION



 As   a    division of the Public Services        Department this division supports the overall recreation
programming      functions administered      by  the Recreation Division    The division is funded by 4B Sales
Tax   revenue   and is used   as a   supplemental cost center to the General Fund Recreation 5521 budget




                                             BUDGET          BUDGET        BUDGET        BUDGET
STAFFING                                     20062007       2007 2008      2008 2009     20092010

Recreation   Supervisor                          0
                                                 1              1
                                                                0              0
                                                                               1            0
                                                                                            1
Recreation   Superintendent                      0              0              0             1
                                                                                             0

Building   Monitor                               0              0              0             0
                                                                                             1
Recreation Manager                               0              0              0            5
                                                                                            0
Fitness   Programmer                             0              0              0            25
                                                                                            0
Recreation Programmer                            0              0              0            0
                                                                                            5

Building Monitor     time
                     Part                       1
                                                75              1
                                                                75             75
                                                                               1            1
                                                                                            75

TOTAL                                           75
                                                2               2
                                                                75            75
                                                                              2              0
                                                                                             6
                                                4B PARKS



The 4B Parks is                   for the   development and maintenance   of   parks   This is   a   division of the
                    responsible
Public Services    Department     The 4B Sales Tax Revenue    Fund 4B Parks is
                                                                            supplemental cost center
                                                                                   a

to   the General   Fund Parks Department The sales tax revenue is restricted by State legislation to
                   s
improving the      appeal of the City as a place to live work and visit and promoting economic
development




                                                  BUDGET        BUDGET            BUDGET                BUDGET
 STAFFING                                        2006 2007     2007 2008         2008 2009              2009 2010


 Asst Parks                                             1
                                                        0             0
                                                                      1                    1
                                                                                           0                    0
              Superintendent
 Field   Supervisor                                     1
                                                        0             1
                                                                      0                    0
                                                                                           1                    0
                                                                                                                1
 Maintenance Worker                                     2
                                                        0             2
                                                                      0                    0
                                                                                           2                    0
                                                                                                                2

 TOTAL                                                  4
                                                        0             0
                                                                      4                   4
                                                                                          0                     0
                                                                                                                3
                                        4B REVENUE FUND


                             STATEMENT OF REVENUES AND EXPENDITURES



                                           ACTUAL     BUDGET      PROJECTED     BUDGET

                                           20072008   2008 2009     2008 2009   2009 2010
BEGINNING BALANCE
                                            940
                                            868        680
                                                       260          102
                                                                    1
                                                                    121         1
                                                                                071
                                                                                326


REVENUES

   Sales Taxes
                                            1
                                            000
                                            225       1
                                                      000
                                                      300            000
                                                                     225
                                                                     1          1
                                                                                420
                                                                                475
   Interest Revenues
                                              000
                                              10          10
                                                          000          000
                                                                       10           000
                                                                                    4
   Other   Financing   Sources



TOTAL REVENUES
                                           1
                                           000
                                           235        1
                                                      000
                                                      310           000
                                                                    235
                                                                    1           1
                                                                                420
                                                                                479
TOTAL AVAILABLE RESOURCES
                                           103
                                           2
                                           940        1
                                                      260
                                                      990           337
                                                                    2
                                                                    121         805
                                                                                2
                                                                                491


EXPENDITURES

  Community      Services

     Parks
                                            920
                                            330        415
                                                       080           920
                                                                     330        901
                                                                                244
     Recreation
                                            709
                                            104        115
                                                       220           940
                                                                     113        936
                                                                                440


Transfers to Other Funds
                                            566
                                            190        300
                                                       565           190
                                                                     566         300
                                                                                 565
TOTAL EXPENDITURES
                                           001
                                           1
                                           819        095
                                                      1
                                                      600           01 050
                                                                    1 1         251
                                                                                1
                                                                                137
ENDING FUND BALANCE                        1
                                           121
                                           102        660
                                                      894           326
                                                                    1
                                                                    071         1
                                                                                354
                                                                                554
112 4B SALES TAX REVENUE FUND
4B PARKS
DEPARTMENTAL EXPENDITURES
                                              20072008    20082009     2008 2009    2009 2010
                                              ACTUAL      BUDGET     PROJECTED     PROPOSED

PERSONNEL SERVICES
5614 51110 SALARIES                             183
                                                075         189
                                                            480          189
                                                                         480          124
                                                                                      315
5614 51130 OVERTIME                              977
                                                 11          500
                                                             14           500
                                                                          14           500
                                                                                       14
5614 51140 LONGEVITY PAY                          056
                                                  1           1
                                                              190          1
                                                                           060            938

561451145 SICK LEAVE BUYBACK                       641         720           640            0

5614 51160 CERTIFICATION INCENTIVE                 786        1
                                                              890          890
                                                                           1                0

5614 51170 PARAMEDIC INCENTIVE                       0           0             0            0

561451210 CAR ALLOWANCE                              0           0             0            0

5614 51220 PHONE ALLOWANCE                           0           0             0        470
                                                                                        1
5614 51230 CLOTHING ALLOWANCE                     1
                                                  440         440
                                                              1            440
                                                                           1            160
                                                                                        2
5614 51310 TMRS                                  18
                                                 419         20
                                                             840          610
                                                                          18           688
                                                                                       15
5614 51410 HOSPITAL    LIFE INSURANCE            32
                                                 424         40
                                                             690          410
                                                                          38           23
                                                                                       025
5614 51420 LONG TERM DISABILITY                    425        1
                                                              060          000
                                                                           1              696

5614 51440 FICA                                  11
                                                 942         970
                                                             12           310
                                                                          12            8
                                                                                        890
5614 51450 MEDICARE                               2
                                                  793         030
                                                              3            880
                                                                           2            2
                                                                                        079
5614 51470 WORKERS COMP PREMIUM                   500
                                                  3           3
                                                              620          050
                                                                           4            2
                                                                                        345
5614 51480 UNEMPLOYMENT COMP       TWC             396        1
                                                              080          080
                                                                           1              810

TOTAL PERSONNEL SERVICES                        268
                                                875         510
                                                            292          350
                                                                         287          196
                                                                                      916


SUPPLIES
5614 52130 TOOLS AND   EQUIPMENT                     0           0             0           50

TOTAL SUPPLIES                                       0           0             0           50



CONTRACTUAL SERVICES
5614 56040 SPECIAL SERVICES                        137       72
                                                             120          500
                                                                          25           715
                                                                                       45
5614 56210 TRAVEL AND TRAINING                       0           0             0         770
                                                                                         1
5614 56250 DUES AND SUBSCRIPTIONS                    0           0             0          450

TOTAL CONTRACTUAL SERVICES                          137      72
                                                             120          500
                                                                          25           935
                                                                                       47


DEBT SERVICE       CAP REPL
5614 57310 DEBT SERVICE FISCAL AGENT FEE              0          0             0            0

5614 57420 BOND ISSUE COSTS                           0          0             0            0

5614 57710 BAD DEBT EXPENSE                         40           0             0            0

5614 57810 CAPITAL REPLACEMENT FEES                   0          0             0            0

TOTAL DEBT SERVICE      CAP REPL                    40           0             0            0


CAPITAL OUTLAY
5614 58110 LAND                                       0          0             0            0

5614 58150 LAND BETTERMENTS                      16
                                                 745         50
                                                             450           070
                                                                           18               0

561458510 MOTOR VEHICLES                              0          0             0            0

5614 58530 HEAVY   EQUIPMENT                          0          0             0            0

5614 58830 FURNITURE     FIXTURES                     0          0             0            0

5614 58840 OUTDOOR FURNITURE        EQUIPME           0          0             0            0

5614 58850 MAJOR TOOLS     EQUIPMENT                  0          0             0            0

5614 58910 BUILDINGS                                  0          0             0            0

TOTAL CAPITAL OUTLAY                             16
                                                 745         450
                                                             50            070
                                                                           18               0


TOTAL 4B PARKS                                  285
                                                796         080
                                                            415           330
                                                                          920          901
                                                                                       244
 112 4B SALES TAX REVENUE FUND
 4B RECREATION
 DEPARTMENTAL EXPENDITURES

                                            2007 2008     2008 2009        2008 2009          2009 2010
                                            ACTUAL        BUDGET         PROJECTED           PROPOSED
 PERSONNEL SERVICES
 5615 51110 SALARIES
                                               447
                                               45            210
                                                             52               51
                                                                              330               048
                                                                                                193
 51112
 5615 SALARIES PARTT1ME
                                               579
                                               39            520
                                                             39               39
                                                                              520                708
                                                                                                 58
 5615 51130 OVERTIME
                                                403
                                                1                    0                   0               0
 51140
 5615 LONGEVITY PAY
                                                  168          210               170               962
 5615 51145 SICK LEAVE BUYBACK                   414           280              420
 5615 51160 CERTIFICATION INCENTIVE                                                               1
                                                                                                  513
                                                      0        330                   0            3
                                                                                                  140
 5615 51170 PARAMEDIC INCENTIVE
                                                      0             0                0                   0
 5615 51210 CAR ALLOWANCE
                                                      0             0                0                   0
 5615 51220 PHONE ALLOWANCE
                                                      0             0                0            210
                                                                                                  5
 5615 51230 CLOTHING ALLOWANCE                        0             0                0
 5615 51310 TMRS
                                                                                                  1
                                                                                                  300
                                               445
                                               3              5
                                                              090              010
                                                                               5                357
                                                                                                22
 5615 51410 HOSPITAL     LIFE INSURANCE        5
                                               347            280
                                                              7                280
                                                                               7                559
                                                                                                56
 5615 51420 LONG TERM DISABILITY
                                                 156           510              500
 5615 51440 FICA
                                                                                                  410
                                                                                                  1
                                               397
                                               5             740
                                                             5                5
                                                                              680                299
                                                                                                 16
 5615 51450 MEDICARE
                                                262
                                                1             340
                                                              1                1
                                                                               330
 5615 51470 WORKERS COMP PREMIUM
                                                                                                 812
                                                                                                 3
                                                1
                                                500           1
                                                              730              720
                                                                               1
 5615 51480 UNEMPLOYMENT COMP
                                                                                                 4
                                                                                                 922
                                    TWC          591           980              980              2
                                                                                                 496
 TOTAL PERSONNEL SERVICES
                                             104
                                             709           220
                                                           115              940
                                                                            113                371
                                                                                               736
SUPPLIES
5615 52010 OFFICE SUPPLIES
                                                      0             0                0           2
                                                                                                 400
5615 52070 COMPUTER SOFTWARE
                                                      0             0                0               0
5615 52130 TOOLS EQUIP UNDER 100                      0             0                0          13
                                                                                                900
5615 52160 TOOLS EQUIP 100 999
                           99                         0          0                   0               0
5615 52310 FUEL     LUBRICANTS                        0          0                   0           600
                                                                                                 7
5615 52610 RECREATION SUPPLIES
                                                      0          0                0
5615 52710 WEARING APPAREL
                                                                                                 000
                                                                                                 2
                                 UNIFORMS             0          0                0                  0
5615 52810 FOOD SUPPLIES
                                                   0             0                0
5615 52990 OTHER                                                                                 500
                                                                                                 3
                                                   0             0                0                  0
TOTAL SUPPLIES                                     0             0                0             400
                                                                                                29

MATERIALS FOR MAINTENANCE
5615 54510 MOTOR VEHICLES
                                                  0             0                0                   0
5615 54530 HEAVY EQUIPMENT                        0             0                0                   0
5615 54630 TOOLS  EQUIPMENT                       0             0                0                500
5615 54650 COMMUNICATIONS
                                                  0             0                0                  0
5615 54810 COMPUTER HARD SOFTWARE
                                                  0             0                0                  0
5615 54910 BUILDINGS
                                                  0             0                0                  0
TOTAL MATERIALS FOR MAINTENANCE
                                                  0             0                0                500

CONTRACTUAL SERVICES
5615 56040 SPECIAL SERVICES                       0             0                0              500
                                                                                                18
5615 56080 ADVERTISING
                                                  0             0                0              11
                                                                                                000
5615 56110 COMMUNICATIONS
                                                  0             0                0               1
                                                                                                 200
5615 56180 RENTAL
                                                  0             0                0                900
5615 56210 TRAVEL     TRAINING                    0             0                0              500
                                                                                                3
5615 56250 DUES     SUBSCRIPTIONS                 0             0                0              700
                                                                                                2
TOTAL CONTRACTUAL SERVICES
                                                  0             0                0             800
                                                                                               37
112 4B SALES TAX REVENUE FUND
4B RECREATION

DEPARTMENTAL EXPENDITURES

                                       2007 2008   2008 2009     2008 2009    2009 2010
                                       ACTUAL      BUDGET      PROJECTED     PROPOSED
CAPITAL OUTLAY
5615 58150 MOTOR VEHICLES                      0           0             0            0
5615 58810 COMPUTER HARDSOFTWARE               0           0             0        500
                                                                                  1
5615 58830 FURNITURE     FIXTURES              0           0             0           0
5615 58850 MAJOR TOOLS     EQUIPMENT           0           0             0           0
5615 58995 CONTRA CAPITAL OUTLAY              0           0             0            0
TOTAL CAPITAL OUTLAY
                                              0           0             0         500
                                                                                  1

TOTAL 4B RECREATION
                                         104
                                         709         220
                                                     115           940
                                                                   113          936
                                                                                440
                                                                               Wylie City Council
CITY      OF   WYLIE                                                 AGENDA REPORT

                                           2009            Item Number             4
Meeting Date                 September 8
                                                                                       City Secretary
                                                                                            s           Use   Only
Department                   Finance

                             Finance                       Account Code
Prepared By
                             August 28 2009                Budgeted   Amount
Date   Prepared
                                                           Exhibits                Ordinance


           Sub
                  act upon Ordinance No 2009 27   fixing   the tax rate levy for Tax Year 2009 and for the     Budget
Consider and
Year FY2009 2010 at 0 per 100 of assessed valuation
                    89890




       Recommendation
                                                                        Year 2009 and              Budget     Year FY
Motion to approve Ordinance No 2009 27 fixing the tax rate levy for Tax
2009 2010 at 0 per 100 of assessed valuation
             89890




         Discussion
                                                                                   valuation The tax rate
The tax rate needed to fund the FY2009 2010 budget is 0 per 100 of assessed
                                                        89890
is broken down with 0 being used for operations and maintenance
                     55022                                                and 0 being used to fund the
                                                                              34868
General Debt Service Fund     This tax ordinance will generate levies of 12 for the General Fund and
                                                                         268
                                                                         229
7 for the I
749
837                       S Fund The adopted Fiscal Year 20092010 budget requires the support of this
ordinance for     funding




          A    roved B
                                                           Initial                              Date

                                                             LV                              09
                                                                                             8
                                                                                             28
 Department       Director

 City Manager                                               01                              1    3     tD
                                                                                                        1




                                                                                                            Page     1 of 1
                                                         27
                                            ORDINANCE NO 2009


          AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY
          OF WYLIE TEXAS UPON ALL TAXABLE PROPERTY IN THE CITY
           OF        WYLIE TEXAS FOR THE PURPOSE OF PAYING THE CURRENT
           EXPENSES           OF      THE    CITY         FOR     THE       FISCAL        YEAR     ENDING
           SEPTEMBER 30 2010 AND FOR THE FURTHER            OF                              PURPOSE
           CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND
           INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY
           PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL
           PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON
                                               REPEALING ALL
           CONTAINING A SEVERABILITY CLAUSE
           ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH
           AND PROVIDING FOR AN EFFECTIVE DATE


      WHEREAS the City Council has this date by way of Ordinance duly passed adopted
                                                                                                                           a

                                                           and
Budget of operation for the City for fiscal year 2009 2010

        WHEREAS the aforesaid Ordinance anticipates and requires the levy of an ad valorem
                                                                                                                         tax

all 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 2009 2010 and


          WHEREAS notice of the proposed                    tax rate   as   well   as   the effective tax rate has been

                     required by   law and the   City   has received   no   formal protest thereof
published       as



    NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE TEXAS AS FOLLOWS


          Section 1         There is         for the fiscal year 2009 2010 upon all real property
                                        hereby levied
situated within the corporate limits of said City of Wylie Texas and upon all personal property
                                                                                                of
which was owned within the corporate limits of said City of Wylie Texas on the first day
         D
         A                   so much thereof as may
                       2009 except                    be exempt by the Constitution or laws of the
January
                                                                                           which
State of Texas a total tax of 0 on each 100 of assessed valuation on all said property
                               8989
said total tax herein so levied shall consist and be comprised of the following components


                       An ad valorem tax rate of          55022
                                                          0     each 100 of assessed valuation of said
                                                                       on
                 a
                       taxable property is hereby levied for general city purposes and to pay the current
                       operating expenses   of said City of Wylie Texas for the fiscal year ending
                                             which tax when collected shall be               appropriated    to   and for the
                       September 30 2010
                       credit of the General Fund of said City of Wylie Texas


                 b     An ad valorem tax rate of 0 on each 100 of assessed valuation of said
                                                    34868
                       taxable property is hereby levied for the purpose of creating an Interest and Sinking


 Ordinance No 2009 27
 Approval   of Tax Rate Year 2009
 and   Budget   Year FY2009 2010
 1
                   Fund with which to pay the interest and principal of the valid bonded indebtedness
                   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 General Debt Service
                   Fund of the      of Wylie Texas for the fiscal year ending September 30 2010
                                 City

         Section 2 The     City of Wylie       shall have     a   lien all taxable property located in the City of
                                                                         on


Wylie    to secure   the payment of taxes         penalty   and interest and all costs of collection assessed and
levied   hereby

         Section 3      Taxes    payable in McKinney Texas at the Office of the Tax Assessor
                                 are

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
       Council and           of its        as the law and the City Charter provide in such cases
                                             caption
City                  publication

          Section 7     That all other ordinances and code                    provisions   in conflict herewith   are    hereby
                                                                                                                of the
repealed to the extent of any such conflict or inconsistency and all other                        provisions              Wylie
City Code not in conflict herewith shall remain in full force and effect

          Section 8      The                of any ordinance                  parts thereof by the       enactment of this
                                 repeal                                  or


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
                                      affecting         rights    of the   municipality     under any section    or   provision
accruing    or   to accrue nor   as               any
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     on

this the 8th day of September 2009




                                                                   Eric Hogue        Mayor
ATTEST




Carole Ehrlich       City Secretary

Date of Publication in The     Wylie    News      September 16      2009


 Ordinance No 2009 27

 Approval of Tax Rate Year 2009
 and Budget Year FY2009 2010
 2
                                                                               Wylie City                 Council

CITY      OF     WYLIE                                            AGENDA REPORT

                                        2009            Item Number                 5
Meeting   Date            September 8
                                                                                        City Secretary
                                                                                             s              Use   Only
Department                Finance

                          Linda   Vaughan               Account Code
Prepared By
Date   Prepared           August 28 2009                Budgeted      Amount

                                                           Exhibits                 Investment   Policy Resolution

           Sub
                  act upon Resolution No 2009 25
                                              R     approving     the current Investment    Policy   as   required by    the
Consider and
Texas Government       Code Chapter 2256 Public Funds Investment Act Subchapter         A    Authorized Investments
for Governmental Entities


       Recommendation
Motion to approve Resolution No 2009 25
                                     R         approving   the current Investment   Policy




          Discussion
Texas Government Code       requires that the governing body of an investing entity review its investment policy
not less than annually The governing body should adopt a written instrument by rule order ordinance or
resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall
record any changes made to the investment policy The current Investment Policy was approved December 12
2006 No changes are currently being made to it




          A roved B
                                                        Initial                                 Date

                                                           LV                                  8
                                                                                               28
                                                                                               09
Department Director
City Manager



                                                                                                              Page   1 of 1
                                                        25
                                                        R
                                          RESOLUTION NO 2009


            A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF                                        WYLIE
            TEXAS         APPROVING            THE         CURRENT         INVESTMENT             POLICY
            PROVIDING              FOR    SCOPE       OF     THIS     POLICY         PROVIDING         FOR
            INVESTMENT              OBJECTIVES            PROVIDING        FOR      AN      INVESTMENT
              COMMITTEE    PROVIDING FOR                         DELEGATION
                                                          AUTHORITY                  OF
              PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS
              PROVIDING FOR STANDARD OF CARE PROVIDING FOR OTHER
              INVESTMENT             GUIDELINES             PROVIDING         FOR          INVESTMENTS
              AUTHORIZED             BY     PUBLIC         FUNDS        INVESTMENT             ACT     AND
              INVESTMENTS UNAUTHORIZED BY THE CITY PROVIDING FOR
              PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS PROVIDING
              FOR  SELECTION  OF   BROKERS
                                   DEALERS             PROVIDING  FOR
              SELECTION OF DEPOSITORIES PROVIDING FOR SAFEKEEPING AND
              CUSTODY PROVIDING FOR RECORD KEEPING AND REPORTING
              PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST PROVIDING
              FOR POLICY           REVISIONS        AND MAKING VARIOUS                    FINDINGS     AND

              PROVISIONS RELATED TO THE SUBJECT


         WHEREAS the Public Funds Investment Act as amended requires the City of Wylie                         to   adopt
             policy by rule order ordinance or resolution and
the investment


         WHEREAS the        Investment    Policy   was   approved   December 12 2006 and


         WHEREAS the        Investment  Policy complies with the Texas Government Code Chapter 2256
Public Funds     Investment Act Subchapter A      Authorized Investments for Governmental Entities and

Subchapter B       Miscellaneous Provisions as amended and authorizes the investment of City funds in safe
and prudent investments


    NOW THEREFORE                    BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE THAT

         Section 1 The  City of Wylie has complied with the requirements of the Public Funds Investment
Act and the   Investment Policy attached hereto is adopted as the investment policy of the City effective

September 8    2009


         DULY PASSED AND ADOPTED                   by the City   Council of the   City   of Wylie Texas this   8 day   of

September   2009




                                                            Eric   Hogue Mayor
ATTESTED BY




Carole   Ehrlich City Secretary

Resolution No 2009 25
                   R
Amendment of Investment   Policy
City   of   Wylie         Texas
  INVESTMENT POLICY




        Adopted May   1995
       Revised December 2006
                                     I r        OF 1V        LIE TEXAS
                                             INVESTMENT POLICY
                                                Table of Contents

                                                                         1
I          INTRODUCTION

                                                                         1
II         SCOPE

                                                                         1
III        OBJECTIVES
                                                                         1
                   Safety
                                                                         1
                   Liquidity
                                                                         1
                   Diversification
                                                                         1
                   Yield

                                                                         2
IV         INVESTMENT COMMITTEE

                                                                         2
V          DELEGATION OF AUTHORITY

                                                                         3
VI         INVESTMENT STRATEGY
                                                                         3
                 Operating Funds
                                                                         3
                   Debt Service Funds
                                                                         3
                   Debt Service Reserve Funds
                                                          Funds          3
                   Special Projects and Special Purpose
                                                                         3
VII        STANDARD OF CARE

                                                                         4
VIII       INVESTMENTS AUTHORIZED BY THE CITY

                                                                             5
IX         OTHER INVESTMENT GUIDELINES

                                                                             5
X          DIVERSIFICATION AND MATURITY LIMITS

                                                                             6
XI                      DEALERS
           SELECTION OF BROKER

                                                                             6
    XII    SAFEKEEPING AND CUSTODY

                                                                             7
    XIII   RECORD KEEPING AND REPORTING

                                                                             8
    X1V    ETHICS AND CONFLICTS OF INTEREST

                                                                             9
    XV     POLICY REVISIONS


    APPENDIX A      DEALER
                    BROKER               QUESTIONNAIRE

    APPENDIX B      CERTIFICATION BY DEALER
                                                CIT       OF WYLIE TEXAS
                                                       INVESTMENT POLICY


I INTRODUCTION                                                            The City principal investment objectives
                                                                              s                                                in order of

                                                                          priority are listed below
Chapter 2256 of Title 10 of the             Local Government
Code herein after referred to as            the Public Funds              Safety       The primary objective of the City   s
Investment Act     prescribes       that each
                                       city      adopt is to              investment   activity is the preservation of principal
written rules governing its investment practices and                      capital in the overall portfolio Each investment
to define the authority of the investment officer The                     transaction shall seek first to ensure that capital

following Investment Policy addresses the methods                         losses are avoided whether the loss occurs from the

procedures and practices which must be exercised to                       default of a security or from erosion of market value
ensure effective and judicious fiscal management of

the City funds This Policy shall not apply to the
     s                                                                    Liquidity The City investment portfolio will
                                                                                             s
selection retention or other issues concerning the                        remain sufficiently liquid to enable the City to meet

depositories of the City funds in demand deposits as
                    s                                                     operating requirements that might be reasonably
provided  under Chapter 105 of the Local Government                       anticipated Liquidity shall be achieved by matching
Code                                                                      investment      maturities      with   forecasted    cash    flow

                                                                          requirements by investing in securities with                active
II SCOPE                                                                  secondary markets and by using state or                      local
                                                                          investment pools
This   Policy     shall   apply     to    the     investment        and
management of all funds of the City under its control                     Diversification The       governing body recognizes that
other than those        expressly    excluded herein           or   by    in   a   diversified portfolio occasional measured losses
            law   valid agreement This Policy shall                       due      to market volatility are inevitable and must be
applicable         or

not supersede the restrictions on investment and use                      considered       within      the   context   of     the    overall

applicable to any specific fund and in the event of                       portfolio
                                                                          s              return  provided   that                    adequate
any conflict between this Policy and the requirements                     diversification has been implemented                  Therefore
of any fund subject hereto the specific requirement                                                          portfolio shall
                                                                          assets held in the common investment

applicable to such fund shall be followed as well as                      be diversified to eliminate the risk of loss
                                                                                                                   resulting
all other provisions of this Policy other than those in                   from one concentration of assets in a specific
conflict    The Employees Deferred Compensation                           maturity a specific issuer or a specific class of
         Fund is excluded from coverage under this                        securities
Agency
Policy
                                                                          Yield The          investment
                                                                                                     portfolio goal benchmark
In order to make effective        use    of the   s
                                                  City   resources        against      which      yield is compared will be
                                                                                                 the
all monies shall be       pooled into one bank account                    established from time to time by the Finance

except for those monies      required to be accounted for                 Director      Recommendations by the Investment
in other bank accounts        as stipulated by applicable                 Committee will be considered when the performance
laws bond   covenants      or   contracts       The bank account          measure is being established      Efforts to seek higher
will be maintained by pooled fund group for purposes                      than the above goal must be consistent with risk
of implementing pooled fund strategies and reporting                      limitations identified in this policy and prudent
The income derived from this pooled investment                            investment principles         The City investment
                                                                                                               s
account shall be distributed by fund in accordance                        portfolio shall be designed with the objective of
with the City internal procedures
         s                                                                attaining a rate of return which is consistent with the
                                                                          risk limitations and cash flow characteristics of the
III OBJECTIVES                                                            s
                                                                          City       investments


                                                                          IV INVESTMENT COMMITTEE
                                                   CITY OF W TEXAS
                                                           EIE
                                                           l
                                                           INVESTMENT POLICY


                                                                         misrepresentation by third parties or imprudent
An     investment       committee          consisting    of the   City   actions by employees and officers of the City

Attorney          City Manager and Director of Finance will
                                                                         With written                      from the       City Manager            the
meet   on a       quarterly basis The Investment Committee                                  approval
shall be authorized to invite advisors to the               meetings     Director may       delegate       any    phase   of the investment
as   needed                                                              management program             to members         of the     City staff
                                                                         Such     approval    shall state        specifically   the functions
The investment officer will present a brief report of                    such person is authorized to perform or that the
investment activities to the Investment Committee                        person is authorized to perform all activities of the
The   primary objectives           of the committee will be to           Director under this Policy The Director shall obtain
                                                                         and   maintain      City expense fidelity bonds for
                                                                                            at the
                                                                                             s
1            make recommendations             regarding   investment     himself and each of his designees in amounts
             strategies                                                  determined adequate by the Director which shall not

2            approvea list of authorized brokers dealers                 be less than five percent of the amounts subject to

             banks savings and loans credit unions and                   this Policy for each fiscal year as shown by the

             pools                                                       approved budget No person may engage in an
3            recommend         a    list   of authorized     training    investment transaction except as provided under the
             sources    for the      state   mandated investment         terms of this Policy and the internal procedures

             training   and                                              established by the Director A current list of persons

4            monitor program results                                     authorized to transact investment business and wire
                                                                         funds on behalf of the City shall be maintained by the
The committee shall include in its deliberations such                    Director

topics      performance reports economic outlook
             as

                                                                         At the discretion of either the              City Manager                 the
portfolio diversification maturity structure potential                                                                                       or

risk to the city funds and the target rate of return
            s                                                            Director and in any event upon the termination or
on     the        investment  portfolio    The Investment                reassignment of any member of the Director staff
                                                                                                            s
Committee shall         provide for minutes of its meetings              authorized     to     conduct      transactions        for    the        City
                                                                         pursuant    to this      Policy    of such person
                                                                                                           the    authority
V DELEGATION OF AUTHORITY                                                shall be revoked and such revocation of authority
                                                                         shall be    immediately        communicated          by   the Director
                                             for   the     investment    orally    and inwriting        to each     and every depository
Management responsibility
program is delegated by the City Council to the City
                                                                         broker dealer         investment         advisor custodian and
                                                                         other agency              entity with     whom the   City      has any
Manager who will designate the Finance Director as                                           or

Investment Officer hereinafter referred to as the                        existing      or         continuing        relationship        in  the
Director     The Director authority will at all times
                 s                                                       management of its investments
be   limited by   conformance with all       Federal

regulations State of Texas statutes and other legal                      VI INVESTMENT STRATEGY

requirements including the City Charter and City
Ordinances including this Policy                                         The  City    ofWylie maintains a pooled investment
                                                                         portfolio     The pooled portfolio utilizes specific
The     Director shalldevelop and maintain written                       investment strategies designed to address the unique
administrative  procedures for the operation of the                      characteristics of the pooled investment portfolio
investment program consistent with this Policy The                       The pooled investment portfolio includes Operating
controls shall be designed to prevent identify and                       Funds Debt Service Funds Debt Service Reserve
control losses of public funds arising from deviation                    Funds Capital Projects and Special Purpose Funds
from this Policy       fraud employee error and
                                                INVESTMENT POLICY

                                                                          the investment of all                funds      or   funds under
Investment   strategies for these different groups      are     1
                                                                          the    City control
                                                                                 s                       over      which the officer had
detailed below
                                                                          responsibility rather than a consideration                         as

                                                                          to the prudence of a single investment and
1         Investment strategies for operating debt
                                              funds
service capital project and special purpose
                                                                          whether     the   investment    decision                       was
have as    their primary objective to assure that               2
                                                                           consistent with the written investment                     policy
anticipated cash outflows are matched with adequate
                                                                           of the   City
investment liquidity The secondary objective is to
create a portfolio structure which will experience
                                                                The Director and his staff shall recognize that the
minimal volatility during economic cycles
                                                                investment activities of the City are a matter of public

        The investment strategy for the debt service
                                                                record Therefore all participants in the investment
2                                                                                                                              custodians of
reserve funds shall have as the primary objective
                                                  the           process shall seek to act               responsibly       as


                                 revenue stream from            the public trust Investment officials shall avoid any
abilityto  generatea    dependable
                                                                transactions that might impair public confidence in
securities with a low degree of volatility Securities
should be of high quality with short to intermediate
                                                                the   City ability to
                                                                      s                       govern     effectively
                                              a bond
term maturities Except as may be required by
                                               with             VIII INVESTMENTS AUTHORIZED BY THE
ordinance securities should be of high quality
                                                                CITY OF WYLIE
short to intermediate term maturities

                                                                Authorized investments for municipal governments
VII STANDARD OF CARE
                                                                in the State of Texas are set forth in the Public Funds
                                                    and care    Investment Act as amended Section 2256       009
 Investments shall be made with         judgment
                                                                2256 Government Code
                                                                019                                  However suitable
 under  prevailing circumstances that a            person of
                                        would exercise          investments for the            City      of   Wylie      are   limited to the
 prudence discretion and intelligence
 in the management   of the person own affairs not
                             s                                  following
 for speculation but for investment considering the
                                                                            Direct                       of the United States          or   its
                                             income to          1                       obligations
 probable safety of capital and the probable                                                                             stated               of
                                                                 agents and instrumentalities with                   a            maturity
 be derived Investment of funds shall be governed by
                                                                 5 years         less
 the following investment objectives in order of
                                                                           or


 priority                                                                 Certificates of deposit issued in the State of
                                                                 2
                                                                 Texas with a maximum maturity of 2 years or less
 1         preservation   and   safety of principal
                                                                 and insured by the Federal Deposit Insurance

 2         liquidity   and                                       Corporation

           diversification and                                   3        Fully    collateralized  direct    repurchase
 3
                                                                 agreements   with a defined termination date of 2 years
                                                                 or less which are secured by obligations
                                                                                                          of the United
 4         yield                                                                                                    instrumentalities         and
                                                                 States     or    its       agencies         and
                                                                             with      third party in the City
                                                                                                          s                       name       The
 In determining whether an investment            officer has     pledged                a


 exercised prudence with respect to an             investment    agreement          must   be placed through a                    primary
                                                         into    government          securities dealer as defined                  by the
 decision the determination shall be made taking
                                                                 Federal Reserve              or   by    a    financial institution doing
 consideration
                                                                 business in the              State      of Texas           Each     issuer       of
                                                      CITY OF WYLIE TEXAS
                                                               INVESTMENT POLICY


repurchase agreements shall                   be    required    to   sign    a   Reserve Bank             as   the securities      are   simultaneously
master repurchase agreement                                                      released to the          purchaser       In this     manner    the City
                                                                                 will   always      have   possession of either its securities         or

4              Approved         investment
                                 pools                   as   described in       its monies
Section 2256 which
        016                    continuously rated no
                                        are

lower than AAA AAA m or an equivalent rating by                                  X      DIVERSIFICATION                       AND         MATURITY
at least one nationally recognized rating agency and                             LIMITS
have a weighted average maturity no greater than 90
days                                                                             It is the   policy of the City to          avoid concentration of
                                                                                 assets in    a specific maturityspecific issue or a
                                                                                                                              a

IX OTHER INVESTMENT GUIDELINES                                                   specific    class of
                                                                                                 securities         exception of U
                                                                                                                         with theS
                                                                                 Treasury issues The asset allocation in the portfolio
The     City    seeks active management of its portfolio                         should however be flexible depending upon the
assets                          objectives of this Policy
             In order to meet the                                                outlook for the economy and the securities markets
theCity may from time to time sell securities that it
owns in order to better position its portfolio assets                            The    City      will not exceed the             following    maximum
Sales     of     securities    prior          to    maturity     shall      be   limits     percentage of the total
                                                                                          as a                                     portfolio   for each of
documented and             approved by              the Director before          the categories listed below
such     a     transaction       is    consummated               Sales      of
                                                                                                                              Max
securities     yielding    net    proceeds         less than 92 of the
                                                                                                                                    of           Max
book value of the securities must be      approved in                                   Investment                            Portfolio
advance and in writing by the City Manager Three                                                          Category                             Maturity
examples of situations involving the sale of securities                           Obligations           of the United             100           5 years
prior to maturity are                                                             States     or   its   agencies   and
                                                                                  instrumentalities
1        swap         to sell   an    investment to realize          a

         capital gain                                                             Certificates of Deposit                         25            18   mon




2        To better       position selected investments
                                                                                  Repurchase Agreements                           100           2 years
         due to   a    change in market conditions
                                                                                  NOT Reverse  Repurchase
3        To react to emergency            liquidity     demands                   Agreements

Each investment transaction must be based upon                                   The      Director        shall    evaluate       how    each     security
competitive quotations received from at least three                              purchased         fits    into    the   City
                                                                                                                         s         overall     investment
broker dealers who have been                       approved by    the    City    strategy
in accordance with Texas law
                                                                                 At all times the City shall maintain 10 percent of its
The  purchase and sale of all securities shall be on a                           total investment portfolio in instruments maturing in
delivery versus payment or payment versus delivery                               90 days or less The weighted average maturity of all
basis i for securities purchases monies will not
      e                                                                          securities and certificates of deposit in the City total
                                                                                                                               s
be released by the City safekeeping bank until
                      s                                                          investment portfolio at any given time not including
securities      are    received at the Federal Reserve Bank                      cash or demand deposits shall not exceed 2 years
for further credit to the             City safekeeping
                                      s                          bank       In
the   case     of securities sales monies will be received                                       DEALERS
                                                                                 XI SELECTION OF BROKERS
by    the      s
               City safekeeping     bank via the Federal
                                                       CITY OF NA fVIAL TEXAS
                                                                   INVESTMENT POLICY


The  City shall maintain a list of brokerdealers and                                imprudent      investment        activities    being conducted
financial institutions which have been approved for                                 between      the    entity    and   the   securities firm See

investment purposes by the investment committee                                     Appendix B
For      the
           purpose   of this    investment   policy
Brokerdealer will be used to refer to any brokerage                                 All   approved brokerdealer firms must have a
firm bank investment pool or financial institution                                  completed City of Wylie brokerdealer questionnaire
with    which        the    City      does       investment        business         investment policy written acknowledgment per
Securities         may      only      be      purchased       from       those      above    guidelines executed master repurchase
authorized institutions and firms                         The authorized            agreement if applicable and current financial
brokerdealers will be reviewed at least                     annually       To       information on file Certification language should be
be    eligible a brokerdealer must meet at least one of                             mutually acceptable to both parties An investment
the   following criteria 1 be recognized as a Primary                               officer of the City may not buy any securities from a
Dealer    as      by the New York Federal Reserve
               defined                                                              person who has not delivered to the City an
                                                                                    instrument substantially in the form provided by this
Market    Reports Division or 2 complies with
Securities and Exchange Commission Rule 15C3 1                                      policy
the Uniform Net   Capital Requirement Rule If the
                                                                                    The Director shall review the             quality   of service and
City depository bank also provides custodial and
s
                                                                                    financial  stability       of each brokerdealer and financial
safekeeping services for the City the bank may not
be included          as    anauthorized broker dealer for the                       institution  approved under this Section at least
City however                Non negotiable Certificate of                           annually Any approved brokerdealer or financial
                                 from this       policy                             institution may be removed from the list of approved
Deposits are exempt
                                                                                    brokerdealers with the approval of the Director if in
Broker dealers will be selected and recommended to                                  the opinion of the Director the firm has not
the investment committee by the Director on the                                     performed adequately or its financial position is
basis of their financial                 stability expertise in cash                considered inadequate

management and their ability to service the City
                                              s
account Each brokerdealer that has been authorized
                                                                                    XII SAFEKEEPING AND CUSTODY
by the City shall be required to submit and annually
update     a       BrokerDealer Information                 Request       form
which      includes         the       s
                                      firm       most     recent    financial       Investment securities          purchased      for the City will be
statements  The Director shall maintain a file which                                delivered by either book entry or                physical delivery
includes the most recent BrokerDealer Information                                   and shall be held in third party                safekeeping by a
                                                                                    Federal       Reserve        Member        financial    institution
Request forms submitted by each firm approved for
investmentpurposes                      A       copy    of the     submitted        designated     as  City safekeeping and custodian
                                                                                                       s the
BrokerDealer Information                    Request forms          as   well   as   bank      The City may designate more than one
a     list of those brokerdealers approved by    City               the             custodian    bank     The   City shall execute a
                                                                                    Safekeeping Agreement     with each bank prior to
shall be maintained      by the Director See Appendix
A                                                                                   utilizing the custodian safekeeping services Only a
                                                                                                  s
                                                                                    state   or   national bank located within the State of
The                 of                 will      provide     all    approved        Texas may be utilized as a custodian of securities
         City              Wylie
                                                                                    pledged to secure certificates of deposit    The
securities          dealers       with     copy of the City
                                            a             s
Investment          Policy         A principal in the firm must                     safekeeping agreement must provide that the
execute        a   written statement          acknowledging receipt                 safekeeping bank will immediately record and
 and     review           of    the      policy and a statement                     promptly issue and deliver a signed safekeeping
 acknowledging              that      reasonable   procedures and                   receipt showing the receipt and the identification of
 controls          have        been     implemented to preclude                     the security as well as the City interest
                                                                                                                s
                                                      C ITA OF NA LIE TEXAS
                                                               N
                                                                   INVESTMENT POLICY


                                                                                  XIII RECORD KEEPING AND REPORTING
The    Director shall         maintain         a     list    of   designated
custodian banks          and     copy of the Safekeeping
                                   a                                              A record shall be maintained of all bids and             offerings
                   executed with each custodian bank                              for securities transactions in order to           ensure     that the
Agreement
                                                                                  City   receives   competitive pricing            All transactions
The   City must approve release of securities in writing                          shall be documented       by the person authorizing the
       to their removal from the custodial account A                              transaction in    a form that shows that person name
                                                                                                                           s
prior
           facsimile of a written authorization shall be                          the party instructed to execute the transaction the
telephone
sufficient if the custodian orally confirms receipt of                            date a description of the transaction and a brief
the transmission and an exact copy of the document                                statement of the    reason for the transaction
                                                                                                      s
is retained in the       s
                         City          files    In   no     event shall the

custodial bank be            an        depository bank
                                   authorized                                     At least  annually the Director shall verify that all
issuer of                            in which the City                            securities purchased by or pledged to the City are on
               repurchase agreements
invests   or   brokerdealer of securities                   on   behalf of the    hand in appropriate form The City in conjunction
                                                                                  with its annual financial audit shall perform a
City
                                                                                  compliance audit of management controls on
All securities shall be confirmed in the name of the                              investments and adherence to the City established
                                                                                                                     s
                                                                                  investment policies
City and delivered to an approved custodial bank or
carried at     a   Federal Reserve Bank in the                    name   of the

City      The Custodian shall not otherwise                             deposit   Each    depository         City funds shall maintain
                                                                                                           of the
                                                                                                             s
purchased      pledged securities All book entry
                   or                                                             separate accurate and complete records relating to all
securities owned  by the City shall be evidenced by a                             deposits of the City funds the securities pledged to
                                                                                                  s
                                                                                  secure such deposits and all transactions relating to
safekeeping receipt issued to the City and signed by
the appropriate officer at the custodian bank stating                             the pledged securities      Each approved custodian
that the securities          are   held in the Federal Reserve                    shall maintain separate accurate and complete
           inCUSTOMER ACCOUNT naming the                                          records relating to all securities received on behalf of
System             a

     as the customer    In addition the custodian                                 the City whether pledged purchased or subject to
City
bank will  when requested furnish a copy of the                                   repurchase agreement as well as all transactions
            advice received                 the custodian bank from               related    to     such     securities       In     addition      each
delivery                               by
the Federal Reserve Bank                                                          depository shall file all reports required by the Texas
                                                                                  State Depository Board           Each depository and
       certificated      securities                          transferred     by   custodian       shall             to    make     all   the    records
All                                            those                                                       agree
                             shall       1 be held by                  approved   described in this        paragraph     available to the Director
physical delivery                                                 an

                                                                 bank in New           designee   and the     City
                                                                                                              s      auditors at any reasonable
custodian bank          correspondent
                        or   any                                                  or

York City approved by the Director and 2 the                                      time

correspondent bank or the City safekeeping bank
                            s
shall issue a safekeeping receipt to the City                                     All    brokerdealers          custodians         depositories     and
                                                                                  investment advisors shall maintain complete records
evidencing that the securities are held by the
                                                                                  of all transactions that they conducted on behalf of
correspondent bank for the City
                                                                                  the  City and shall make those records available for
 The   original safekeeping receipt                  for each transaction          inspection by the Director or other representatives
 including purchased securities under a repurchase                                 designated by the City Council or City Manager
 agreement and collateral securing deposits will be
 forwarded to the Director or his designee and held in                             All sales of securities for less than the book value of
 a secured file by the City                                                        the security shall be approved by the Director Sales
                                                                                   of securities for less than 92 percent of the book
                                             I t OF N             LI          TEXAS
                                                   INVESTMENT POLICY


value of the securities must be        approved by   both the
                                                                   XIV ETHICS AND CONFLICTS OF INTEREST
City Manager and the Director

An    investment     report shall be prepared by the               Officers and                   City involved in the
                                                                                          employees of         the
                                    officer and              of    investment process                   from personal
                                                                                                      shall     refrain
Director and    signed by each                    employee
                                conduct any of the City            business activity that involves any of the City
                                                                                                                 s
the   City   authorized    to                            s
investment activity on a        annual basis listing all of the    approved custodians depositories brokerdealers or
investments held by the City beginning and ending                  investment advisors Employees and officers shall not

market value for period the current market valuation               utilize  investment   advice   concerning specific
of    the    investments    and     transaction    summaries       securities        or    classes of securities obtained in the
                                                                   transaction            of   the    City business
                                                                                                      s                       for   personal
including a detailed list of the gains and losses
                                                                   investment decisions shall in all respects subordinate
recognized The market value will be determined by
                                                                   their personal investment transactions to those of the
I written reports such as the Wall Street Journal 2
                                                                   City particularly   with regard to the timing of
on line services such as Bloomberg or 3 through a
                                                                                                      and shall              all investment
primary dealer or national bank that is independent of             purchases and sales                                keep
the specific security being valued The report must                 advice         obtained       on     City and all
                                                                                                      behalf of the

                                         security
state the pooled fund group for each asset                         transactions contemplated    completed by the City
                                                                                                              and
                                                                   confidential except when disclosure is required by
The report shall explain the total investment return
                                                                   law
 during the previous quarter and compare the
 portfolio performance to other benchmarks of
 s
                                                                   An investment officer of the                      who has a personal
                                                                                                                   City
 performance If invested in securities the City s
 audit firm must review the quarterly reports annually             business         relationship      with    an organization seeking to
 and the result of the review shall be reported to the             sell      an   investment to the           City shall file a statement
                                                                                      that                     business      interest    An
 City Council by that auditor                                      disclosing                    personal
                                                                   investment officer who is related within the second

 Within 90    daysafter the end of the City fiscal year
                                       s                           degree by affinity or consanguinity to an individual
 the Director shall prepare sign and deliver to the City           seeking to sell an investment to the City shall file a
                                                                   statement disclosing that relationship   A statement
 Manager   and the
                 City    Council an annual report on the
       investment program and investment activity                      required     under this subsection must be filed with the
 s
 City
 which has also been signed by each officer and                        Texas Ethics Commission and the       governing body of
                                                                       the   City
 employee of the City authorized to conduct any of the
 City investment activity The annual report shall
 s
 include full year investment returns     Such annual                  XV POLICY REVISIONS
                                      the compliance
 report shall include an analysis of
 with this Policy as well as changes in the applicable                 This    Investment        Policy will be reviewed at least
 laws and   regulations during the previous year and                   annually by         the   City Attorney City Manager and
                                                                       Director of Finance and revised when necessary                     All
 may  include any other items of significance related to
 the investment program        The annual investment                   revisions shall be approved by the City Council

 report will be reviewed as a part of the annual audit
                                                                                                Wylie City              Council

CITY OF WYLIE                                                                    AGENDA REPORT


                                 September 8       2009                    Item Number                 6
Meeting Date
                                                                                                                s
                                                                                                           City secretary   Use   Only
Department                            s
                                 City Manager        Office

Prepared By                                                                Account Code

Date   Prepared                  September 2       2009                    Budgeted    Amount

                                                                           Exhibits                    6


              Subject
Consider and act upon Ordinance No 2009 28 finding that the current rates of CoSery Gas Ltd are
unreasonable approving CoSery Gas Ltd revised and uncontested tariffs setting the effective date of new
                                      s
tariffs as October 1 2009 finding rate case expenses reasonable finding that any relief requested by CoSery
Gas Ltd not specifically granted herein is denied finding that the meeting at which this ordinance is passed is
                                                                             to CoSery Gas Ltd and providing
open to the public as required as law providing for notice of this ordinance
an   effective date



       Recommendation
Motion to approve Ordinance No 2009 28 finding that the current rates of CoSery Gas Ltd are unreasonable
approving CoSery Gas Ltd revised and uncontested tariffs setting the effective date of new tariffs as October
                      s
1 2009 finding   rate case expenses reasonable finding that any relief requested by CoSery Gas Ltd not

specifically granted herein is denied finding that the meeting at which this ordinance is passed is                          open to the
                                                                                                                                  effective
public as required as law providing for notice of this ordinance to CoSery Gas Ltd and providing                             an

date



             Discussion
On    about December 18 2008 CoSery Gas Ltd CoServ
       or                                                                         or   Company         filed its Statement of Intent to

change gas rates in all municipalities within the CoSery System

This ordinance          represents the Coalition of Cities exercise of its original jurisdiction                       to   evaluate the
reasonableness of natural gas rates charged within city limits The ordinance approves CoSery Gas Ltd       s
revised tariffs applicable to residential and commercial service in the City of Wylie The revised tariffs reflect
the agreement reached between the Coalition of Cities served by CoSery of which Wylie is a member and
CoSery       regarding    CoServ Statement of Intent to increase rates
                          s

Per the attached Staff                     the   adjustment   in rates   requested by CoServ     if   approved   would have resulted in
                                 Report
additional annual         revenue     of   367
                                           915
                                           2              to CoServ      Annual base   revenue   would have increased 19 percent
                                                                                                                      7
across      the service   area   and most of the     impact   would have fallen   on   the residential class


The Staff      Report     states an   expert     were          analyze the CoServ request Ms Cannady determined that
                                                        hired to           s
based upon the information filed by the                   Company  it was reasonable to increase CoServ annual revenues
                                                                                                 s

However Ms Cannady concluded that                         the Company request to increase revenues by 2 was
                                                              s                                          915
                                                                                                         367
excessive and unreasonable

                                                                                                                             Page    1 of 1
                                                                                                                               Page   2 of 2




                                                                                                      with the
In    effort to avoid costly litigation the Coalition of Cities pursued the possibility of settlement
     an
                                                                information supplied by the Company through
Company Based upon Ms Cannady analysis and additional
                             s
                                                                                             which settlement
informal discovery the Coalition of Cities determined a range of revenue increases upon
                                                                                                       CoSery
would be reasonable The 1 million annual revenue increase agreed to by the Coalition of Cities and
                           3
                                                                            on a black box and reaches no
is within that       of reasonable alternatives The Settlement is based
                    range
particular   conclusion        on   precise   values for expenses return and investments


                                                                                  to continue its current schedule of miscellaneous
As   part of the settlement agreement the Company agreed
                                     had the effect of                            of the   impact   of the   revenue   increase that would
service   charges that has                                  mitigating   some

                                                                                                    The settlement will       keep   CoSery
otherwise be recovered though residential and commercial base rates
miscellaneous service charges consistent with the similar charges imposed                       by   Atmos Gas


CoSery    initially requested          a   rate          imposed a flat fee to recover all elements of the cost of
                                                  design that would   have
service The Coalition of Cities resisted the various proposals to flatten rates and to increase customer charges
The Settlement produces rates that reflect the same monthly customer charges currently in place for Atmos
7 for residential and 13 for commercial
00                    50

CoSery    requested   residential base rate increase of 26 percent The Ordinance cuts that residential increase
                          a                             2
to 35 percent The commercial
   8                                 base rate increase under the Ordinance is 26 percent but it is important to
                                                                               2
                                                                                                            base
realize that commercial base rate charges are less percentage of the total commercial bill than residential
rate charges are to the total residential bill


The   City   must take       CoServ request to adjust rates by September 20 2009 or it will lose jurisdiction
                             saction   on

to consider the request and the Company would have the legal right to implement its original request Upon
                                                effective October 1 2009 The original Effective Date was
passage of the Ordinance new rates will become
January 23   2009 In order to continue working on a settlement agreement CoSery extended its proposed
Effective Date       on   several occasions                 the Coalition of Cities may suspend a proposed
                                                        The law   provides that
Effective Date for 90 days September 20 2009 will be the 90th day from the date of the most recent extension
to the Effective Date When measuring the current Effective Date against the original proposed
                                                                                              Effective Date

            have avoided 2 million in comparison
                         0                          to the Company Statement of Intent and 800 in
                                                           s                                     000
ratepayers
comparison     to   the rates reflected in the Ordinance


 Staff recommends                   of the attached ordinance and revised tariffs adjusting CoServ rates effective
                              adoption                                                       s

 October 1 2009                                                                                              s
                          The ordinance establishes reasonable rates and represents an optimal resolution of CoServ
 Statement of Intent to         adjust rates




          A roved B
                                                                             Initial                                   Date

                                                                       MM                                              9
                                                                                                                       3
                                                                                                                       09
 Department      Director

 City Manager                                                                lW                                          NIL
                                                     28
                                        ORDINANCE NO 2009


        AN ORDINANCE OF THE CITY OF                              WYLIE COLLIN COUNTY
        TEXAS FINDING THAT THE CURRENT RATES OF COSERV GAS
        LTD ARE UNREASONABLE APPROVING COSERV GAS LTD S

        REVISED  AND   UNCONTESTED   TARIFFS  SETTING  THE

        EFFECTIVE DATE OF NEW TARIFFS AS OCTOBER 1 2009
        FINDING RATE CASE EXPENSES REASONABLE FINDING THAT
                                                         BY   COSERV        GAS      LTD        NOT
        ANY      RELIEF              REQUESTED
        SPECIFICALLY GRANTED HEREIN IS DENIED FINDING THAT
        THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN
        TO    THE      PUBLIC          AS   REQUIRED BY LAW PROVIDING FOR
        NOTICE        OF    THIS        ORDINANCE           TO     COSERV      GAS   LTD AND
        PROVIDING AN EFFECTIVE DATE


        WHEREAS            on  about December 18 2008 CoSery Gas Ltd CoServ or
                                or


Company         filed with the City of Wylie a Statement of Intent to change gas rates in all

municipalities within the CoSery System and

        WHEREAS the City has exclusive original jurisdiction                   to evaluate theCompany
                                                                                              s
Statement of Intent        as   it   pertains   to the   distribution facilities located within the City
           to Texas Utilities Code              b
                                                001
                                                102        and 103 and
                                                               001
pursuant

                                                                 s
        WHEREAS the City suspended the initial effective date of CoServ                         rate   request
and CoSery subsequently extended the effective date of the rate increase to allow the                  City   to

          the Company filing and to consider settlement of the request and
investigate   s

        WHEREAS failure               to take action  CoServ rate request by September 20
                                                      sregarding
2009 will     cause   CoServ filed request to become effective for all CoSery customers within
                      s
the   municipal limits and

       WHEREAS the City joined the Coalition of Cities Served by CoSery Cities            a

                                            CoServ rate request to jointly hire counsel and
                                            s
group of other cities similarly affected by
an independent consultant to review CoServ application and
                                      s


         WHEREAS after consideration of the Company filing and the report issued by
                                            s
Cities expert the      City concludes            s
                                            that CoServ current rates    are   unreasonable and should be

changed and

                                                                                                    s
                                                                                                 to CoServ
         WHEREAS the Company and Cities have reached                       agreement
                                                                          an               as

filed request to increase rates         conditioned upon final approval by Cities and




Ordinance No 2009 28
CoSery Gas Rates and Tariffs
      WHEREAS the Company requested increase in system wide annual revenues of
                  s
2 is excessive and the Company has agreed to an increase in system wide base
367
915
revenues of 1 and to retain its current schedule of miscellaneous service charges
            300
            000
and

        WHEREAS Cities               rate   case    expenses incurred in this proceeding are reasonable
and necessary in the amount          specified     below and should be reimbursed by CoServ and


        WHEREAS the Company
                    s                          rate   case   expenses in the amount      specified   below      are

reasonable and necessary and


        WHEREAS the City has reviewed the tariffs proposed by the Company in
settlement between the    Company and the Coalition of Cities Served by CoSery and has
determined that approval of the tariffs is in the best interest of the City and its residents
results in just and reasonable rates and therefore should be approved by the City and


       WHEREAS since the Company filing is based upon system wide standardized rates
and tariffs it would be inappropriate for any city or residents of any city to receive benefits
not enjoyed by the entire system



     NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE COLLIN COUNTY TEXAS THAT


        SECTION 1              It is in the best interest of the      City   and its residents to    adopt      the
revised tariffs attached hereto to this Ordinance as Exhibit A that reflect the settlement
agreement reached between CoSery and the Coalition of Cities Served by CoServ

        SECTION 2               adoption of the attached revised
                               The                                            tariffs   provides   for   just   and
reasonable rates to be    charged system wide by the Company

        SECTION 3          Cities rate      case   expenses in the amount of 59 are reasonable and
                                                                             439
necessary and shall be reimbursed by               CoServ CoServ rate case expenses are found to be
                                                            s
reasonable and necessary in the amount of 325 Rate case expenses shall be recovered
                                          655
as provided in Rate Schedule 9 RIDER RCE    RATE CASE EXPENSES of the tariffs in
Exhibit A hereto                                00271
                                             of 0 per            Ccf including interest         specified   in the
                      using surcharge                                                      as

Rider


        SECTION 4          The effective date of the         new   tariffs is October 1 2009


        SECTION 5            specific rate base return revenue or cost adjustments or
                               No                                                                               rate
                                                                                                                that
making methodologies are approved in reaching the revenue requirements settlement
leads to the rates and charges adopted by this ordinance


Ordinance No 2009 28
CoSery Gas Rates and Tariffs
       SECTION 6               Relief   requested by   CoSery not      specifically   addressed herein is
denied


         SECTION 7          hereby officially found and determined that the meeting at which
                          It is
this Ordinance is passed is open to the public as required by law and that public notice of the
time place and purpose of said meeting was given as required

         SECTION 8       A copy of this ordinance constituting final action on the CoSery

application     be forwarded to the appropriate designated representative of the Company
Charles D Harrell Chief Financial Officer CoSery Gas Ltd 7701 South Stemmons
Corinth Texas 76210 1842 and to Geoffrey Gay legal counsel to Cities within 10 days

         SECTION 9             This Ordinance shall take effect        immediately     from and after its

passage and acceptance and it is         accordingly   so   ordained


         DULY PASSED AND APPROVED                      by the City      Council of the     City   of   Wylie
Texas Collin County        on   this the   8 day of September 2009




                                                            Eric   Hogue Mayor

ATTEST




Carole   Ehrlich City Secretary



APPROVED AS TO FORM




City Attorney




Ordinance No 2009 28
CoSery Gas Rates and Tariffs
                                                                                          816Congress Avenue Suite 1900
Lloydi
                                                                                          Austin Texas 78701
                                                                                          Telephone 512       322 5800

     At
  uY its
              Gosselink
           ATTORNEYS               AT     LAW
                                                                                          Facsimile    512   472 0532

                                                                                              Iglawfirm
                                                                                              www
                                                                                              com

1984                    fl
                        j                      2009

Mr   Gay Direct Line
     s                 512   322 5875
Email ggay @Iglawfirm
           com


                                               MEMORANDUM


TO                 CoSery Cities


FROM               Geoffrey        M    Gay

DATE               August 25 2009

RE                 Ordinances for          Approval    of Rate Case Settlement




            The attachments contain the documents necessary for the conclusion of the CoSery rate
case       There are two versions of the rate ordinance Most Cities will use the version designated
as                                     pending at city level Only the Cities that passed
         Ordinance for Cities where still
resolutions denying the requested rate application Highland Village Little Elm Plano The
                                                                                 is
Colony should use the ordinance designated as Ordinance for Cities where appeal pending
                                                                                           at

RRC Both versions implement the same rate tariffs that are to be attached to the Ordinance as
Exhibit A

            A draft Staff    Report      in    support of the Ordinance applicable       to   either   version   is included
with this communication to assist in                  simplifying   an   explanation   of the Ordinance to your          City
Council

            Note that Section 3 of the Ordinance sets out the rate                case   expenses        I will send you    a


separate email         on   this   subject        Cannady nor I have audited or evaluated the
                                                 Neither Connie

Company claimed rate
s                               expensescaseMy experience over the last three decades is that
Company rate case expenses typically are five to ten times City expenses The values for Cities
and CoSery in Section 3 include estimates to complete the case and fees charged by consultants
Despite inclusion of estimates there will be an ultimate reconciliation to actual expenses which
 may not exceed the values in Section 3




 2061 02 stcmmo090825




                              Lloyd Gosselink Rochelle                   Townsend P
                                                                                  C
                             STAFF REPORT REGARDING THE ORDINANCE
                     ADOPTING REVISED TARIFFS FOR COSERV GAS LTD


PURPOSE


         This ordinance represents the                s
                                                      City     exercise of its     original jurisdiction       to evaluate the
reasonableness of natural gas rates charged within city limits The ordinance approves CoSery
Gas Ltd CoServ or Company
     s                                  revised tariffs applicable to residential and commercial
service in the     City     of                 The revised tariffs reflect the agreement reached between the
Coalition of Cities Served            by   CoSery Cities     of which the City of               is a member
and   Company regarding            CoServ Statement of Intent to increase rates
                                   s


DISCUSSION


         CoSery filed its Statement of Intent to increase rates with all of the cities in its service
area on or    about December 18 2008                  The    adjustment    in rates   requested by CoServ           if   approved
would have resulted in additional annual                    revenue    of 2 to the Company
                                                                          367
                                                                          915                                       Annual base
revenue  would have increased 19 percent
                                 7                            across   the service area and most of the          impact      would
have fallen on the residential class


         Connie      Cannady        Cities expert hired to analyze the Company request issued a report
                                                                       s
on    March   23     2009        Ms  Cannady   determined that based upon the information filed by the
Company it         was      reasonable to increase CoServ annual
                                                   s                               revenuesHowever Ms Cannady
concluded that the           s
                             Company request               to increase   revenues     by 2 was excessive and
                                                                                         915
                                                                                         367
unreasonable


         In   an   effort   to   avoid   costly litigation     Cities    pursued   the   possibility   of settlement with the
Company         Based upon Ms Cannady analysis and additional information supplied by the
                                s
Company       through informal discovery Cities determined a range of revenue increases upon
which settlement would be reasonable                           3
                                                           The 1 million annual            revenue       increase   agreed   to    by
the Cities and CoSery is within that range of reasonable alternatives The Settlement is based on
a black box and reaches no particular conclusion on precise values for expenses return and

investments


       As part of the settlement agreement the Company agreed to continue its current schedule
of miscellaneous service charges that has had the effect of mitigating some of the impact of the
revenue    increase that would otherwise be recovered                       though       residential and commercial base
rates   The settlement will           keep   CoSery miscellaneous service             charges   consistent with the similar
charges imposed by           Atmos Gas


          CoSery     initially requested        a   rate   design   that would have       imposed    a   flat fee to     recover   all
elements of the cost of service                  Cities resisted the various             proposals   to flatten rates and to

increase customer     charges                The Settlement         produces   rates      that reflect the      same       monthly
customer      charges currently            in   place      for Atmos         7 for residential and 13 for
                                                                             00                    50
commercial




     oth0908
2061 02 17 gmg
        CoSery     requested    a    residential base rate increase of 26 percent
                                                                       2                  The Ordinance cuts
that residential increase to 8 percent The commercial base rate increase under the Ordinance
                             35
is 26 percent but it is important to realize that commercial base rate charges are less
   2
percentage of the total commercial bill than residential base                 rate    charges    are   to   the total
residential bill


        The    City    must take action       on     s
                                                     CoServ
                                                  request to adjust rates by September 20
2009   or   it will lose
                     jurisdiction              request and the Company would have the legal
                                          to consider the

right to implement its original request Upon passage of the Ordinance new rates will become
effective October 1 2009 The original Effective Date was January 23 2009 In order to
continue    working    on a settlement agreement CoSery extended its proposed Effective Date on
several occasions       The law provides that Cities may suspend a proposed Effective Date for 90
days September 20          2009 will be the 90th      day   from the date of the most recent extension to the
Effective Date         When    measuring      the current Effective Date      against   the    original proposed
Effective Date ratepayers have avoided 2 million in comparison to the Company Statement
                                       0                              s
of Intent and 800 in comparison to the rates reflected in the Ordinance
              000

RECOMMENDATION


         The staff of the     City   of                         recommends that the     City    Council     adopt the
attached ordinance and revised tariffs          adjusting   CoServ rates effective October
                                                            s                                          1 2009 The
ordinance     establishes reasonable         rates   and represents    an   optimal   resolution       of CoServ
                                                                                                          s
Statement of Intent to     adjust    rates




2061 02 oth090817gmg
                                           CoSery Gas Ltd
                            Impact   Customer Bills Excluding Taxes
                                    on

                                 Test Year Ended June 30 2008


Summary
                                     Residential      Commercial
 Dollar Increase per Month                     1
                                               48           38
                                                            20

   Increase with Gas                          17
                                              2             52
                                                            3

    Increase                  Gas             8
                                              35           45
                                                           22
               excluding



Residential Customers
                                         Settlement     Current    Increase   Increase

 Customer Charge                                00
                                                7            00
                                                             9          00
                                                                        2
 Volumetric Charge                            12
                                              23             8
                                                             75          3
                                                                         48

 Total Base                                   23
                                              19            75
                                                            17           1
                                                                         48      8
                                                                                 35

 Gas                                          50
                                              58            58
                                                            50
                      Gas                     82
                                              69            34
                                                            68           1
                                                                         48      2
                                                                                 17
 Total    Including




Commercial Customers
                                         Settlement     Current    Increase   Increase

 Customer      Charge                          50
                                               13           50
                                                            15          00
                                                                        2
                                               67
                                               97           29
                                                            75          22
                                                                        38
 Volumetric     Charge
  Total Base                                  111
                                              17            79
                                                            90          38
                                                                        20      22
                                                                                45

  Gas                                        488
                                             09             488
                                                            09
                                              599
                                              27            578
                                                            88          20
                                                                        38       52
                                                                                 3
  Total   Including Gas
                                                                              5
                                                                              i

                                                                              S


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                                                                                                                                                                                                                    VV                  LL
                                TARIFF FOR GAS SERVICE
                                          CoSery Gas Ltd


                                          Rate Schedule 1


                                    TABLE OF CONTENTS
                  Entire                                                Page   1 of 1
Applicable   to            System
Effective Date



 Rate
Schedule                                   Description

   1                          TABLE OF CONTENTS


   2                          UTILITY OPERATIONS


   3                          CITY AND COUNTY SERVICE AREAS


   4                          DEFINITIONS


   5                          RATE R       RESIDENTIAL SALES


   6                           RATE C      COMMERCIAL SALES


   7                           RATE PGF       PURCHASED GAS FACTOR


    8                          RIDER PSF      PIPELINE SAFETY FEE


    9                          RIDER RCE       RATE CASE EXPENSES


    10                         RIDER WNA        WEATHER NORMALIZATION ADJUSTMENT


    11                         RATE M       MISCELLANEOUS SERVICE CHARGES


    12                         RATE   Q    QUALITY       OF SERVICE


    13                         RATE CP       CURTAILMENT POLICY


    14                         RATE DEP       CUSTOMER DEPOSITS
                                       TARIFF FOR GAS SERVICE
                                                 CoSery   Gas Ltd

                                                 Rate Schedule 2


                                          UTILITY OPERATIONS

Applicable   to      Entire   System                                                               Page   1 of 1
Effective Date


CoSery    Gas Ltd    owns     and operates   a   natural gas distribution system that   provides   natural gas
service in Texas


The   following will respond     to   inquiries regarding provisions   of this Tariff for Gas Service


Tariff Coordinator
CoSery Gas Ltd
7701 South Stemmons
Corinth   Texas 76210

Telephone 940        321 7800
Email Address tariff@coserv
                    com
                                     TARIFF FOR GAS SERVICE
                                         CoSery Gas Ltd



                                          Rate Schedule 3


                                CITY AND COUNTY SERVICE AREAS

Applicable   to      Entire    System                           Page   1 of 1
Effective Date


       CITIES           TOWNS


                  Allen
                  Argyle
                  Bartonville
                  Celina
                  Corinth
                  Cross Roads
                  Denton
                  Double Oak
                  Fairview
                  Flower Mound
                  Fort Worth
                  Frisco
                  Highland Village
                  Little Elm
                  Lewisville
                  Lucas

                  McKinney
                  Murphy
                  Parker
                  Plano
                  Ponder
                  Prosper
                  St Paul
                  Shady Shores
                  The Colony
                  Wylie



       COUNTIES


                  Denton
                  Collin
                  Kaufman
                                            TARIFF FOR GAS SERVICE
                                                   CoSery Gas Ltd


                                                   Rate Schedule 4


                                                    DEFINITIONS

Applicable     to         Entire    System                                                                      Page   1 of 1
Effective Date


COMMERCIAL CUSTOMER                              A customer other than       residential customer and not
                                                                                   a

otherwise covered          by   a   contract under the contract rate provisions of Section 104 of the
                                                                                             003
Texas Utilities Code


COMMISSION                 The Railroad Commission of Texas


COMPANY                CoSery   Gas Ltd its     successors and its       assigns

CUSTOMER                 An   individual family partnership association joint venture corporation etc
or governmental agency who               is   receiving    or   who is   receiving     the benefit of gas service at        a


specified point of delivery

RATE SCHEDULE                       A statement of the method of          determining charges            for Gas Service
including     the conditions under which such method               applies

RESIDENTIAL CUSTOMER                           Unless otherwise      specified     in the rate schedule a customer
whose service is         separately   and   individually   metered in    an   individual private Dwelling Unit or in
an individually metered apartment condominium or similar                        dwelling       and who   uses   natural gas
primarily for Residential End Uses and occupies the building

RESIDENTIAL END USES                        Heating   space     heating cooking        water   heating   and other similar
type   uses   in   a   dwelling
                                    TARIFF FOR GAS SERVICE
                                            CoSery Gas Ltd


                                            Rate Schedule 5


                                  RATE R      RESIDENTIAL SALES

Applicable   to      Entire   System                                                             Page   1 of 2
Effective Date




Application of Schedule

Schedule   applies to   all Residential Customers



Monthly Base Rate

Customer base
s                  monthly    bill will be calculated   using the following   Customer and Ccf charges


                        Charge                                   Amount
                  Customer Charge                             7
                                                              00    per   month plus

                  Volumetric   Charge                       19771 per Ccf

Purchased Gas Factor


In addition to the base     monthly bill above each customer
                                                    s                 bill will include   a   Purchased Gas
Factor to account for       purchased gas costs and computed          in accordance with Rate PGF
Purchased Gas Factor


Taxes


In addition to the                                s
                    monthly charges above each customer bill will include a charge for an
amount equivalent to the   customer proportional part of the city franchise fees state gross
                           s

receipts taxes or other governmental levies payable by the Company exclusive of federal
income taxes     Municipal franchise fees are determined by each municipality franchise
                                                                      s
ordinance Each municipality franchise ordinance will specify the percentage and applicability
                 s
of franchise fees From time to time the tax factor may be adjusted if required to account for
any over or under recovery of municipal franchise fees by the Company and to include an
amount equivalent to the proportionate part of any new tax or increased franchise fee or tax or

any other governmental imposition rental fee or charge levied assessed or imposed subsequent
to the effective date of this tariff by any governmental authority including districts created
under the laws of the State of Texas        The Company will also collect sales taxes where
applicable Gross receipts taxes and municipal franchise fees will only be charged to customers
within the incorporated areas
                                      TARIFF FOR GAS SERVICE
                                               CoSery       Gas     Ltd


                                               Rate Schedule 5


                                 RATE R          RESIDENTIAL SALES

Applicable   to     Entire   System                                                                          Page   2 of 2
Effective Date


Surcharges

In addition to the   monthly charges above                 each customer bill will include
                                                                s                                       an   amount for

surcharges   calculated in accordance with the                    s
                                                       applicable rider           Rider PSF and Rider RCE


Line Extension Policy


The company has the right to contract with individual customers for the installation of gas
facilities as provided for by the city franchise Upon the request of a prospective new residential
or   commercial customer for service in       an area      served   by   CoSery   Gas CoSery Gas will extend its
main lines   up to 100   feet from   an   existing   CoSery Gas main in the Public      Rights of Way without
charge    The 100 foot allowance           applies    to   a   single    customer     or   to   a   group of customers
requesting   service from the   same      extension Customers            requesting   mainline extensions in        excess

of 100 feet shall bear the cost of any additional main and shall bear the cost of all yard lines
service lines customer meters and regulators and appurtenant equipment in accordance with the
charges listed in item 12 Line Extension and Installation of Rate M Miscellaneous Service
Charges CoSery Gas is not required to extend its mains or facilities if the customer will not use
gas for space heating and water heating or the equivalent load at a minimum
                                      TARIFF FOR GAS SERVICE
                                              CoSery Gas Ltd


                                               Rate Schedule 6


                                   RATE C       COMMERCIAL SALES

Applicable   to       Entire    System                                                                 Page   1 of 2
Effective Date



Application of Schedule

Schedule   applies   to all   commercial customers



Monthly Base Rate

Customer base
s                    monthly    bill will be calculated   using   the   following   Customer and Ccf charges


                              Charge                                    Amount
                  Customer      Charge                       13
                                                             50           per   month plus

                  Volumetric     Charge                      23043 per Ccf

Purchased Gas Factor


In addition to the base        monthly bill above each customer
                                                       s                    bill will include   a   Purchased Gas
Factor to account for          purchased gas costs and computed             in accordance with Rate PGF
Purchased Gas Factor


Taxes


In addition to the                                s
                    monthly charges above each customer bill will include a charge for an
amount   equivalent to the customer proportional part of the city franchise fees state gross
                           s
receipts taxes or other governmental levies payable by the Company exclusive of federal
income taxes      Municipal franchise fees are determined by each municipality franchise
                                                                      s
ordinance Each municipality franchise ordinance will specify the percentage and applicability
                  s
of franchise fees From time to time the tax factor may be adjusted if required to account for
any over or under recovery of municipal franchise fees by the Company and to include an
amount equivalent to the proportionate part of any new tax or increased franchise fee or tax or

any other governmental imposition rental fee or charge levied assessed or imposed subsequent
to the effective date of this tariff by any governmental
                                                         authority including districts created
under the laws of the State of Texas        The Company will also collect sales taxes where
applicable Gross receipts taxes and municipal franchise fees will only be charged to customers
within the incorporated areas
                                      TARIFF FOR GAS SERVICE
                                          CoSery Gas Ltd


                                              Rate Schedule 6


                                 RATE C       COMMERCIAL SALES

Applicable   to      Entire   System                                                                    Page   2 of 2
Effective Date


Surcharges

In addition to the    monthly charges above              each customer bill will include
                                                              s                                    an   amount    for
surcharges   calculated in accordance with the       applicable rider
                                                                s                   Rider PSF and Rider RCE


Line Extension Policy


The company has the right to contract with individual customers for the installation of gas
facilities as provided for by the city franchise Upon the request of a prospective new residential
or   commercial customer for service in   an area        served        CoSery
                                                                Gas CoSery Gas will extend its
                                                                  by
main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way without
charge The 100 foot allowance applies to a single customer or to a group of customers
requesting  service from the same extension Customers requesting mainline extensions in excess
of 100 feet shall bear the cost of any additional main and shall bear the cost of all yard lines
service lines customer meters and regulators and appurtenant equipment in accordance with the
charges listed in item 12 Line Extension and Installation of Rate M Miscellaneous Service
Charges     CoSery Gas is not   required to   extend its mains         or   facilities if the customer will not   use

gas for space   heating   and waterheating    or   the   equivalent load       at   a   minimum
                                             TARIFF FOR GAS SERVICE
                                                   CoSery Gas Ltd


                                                      Rate Schedule 7


                                  RATE PGF            PURCHASED GAS FACTOR

Applicable       to      Entire   System                                                                            Page   1 of 5
Effective Date


Purpose and Intent

This provision is intended to allow collection of the gas purchase                            costs of CoSery        Gas Ltd
hereinafter CoSery Gas or the Company in a manner that will                                   lessen   monthly fluctuations
in the Purchased Gas Factor and              ensure     that actual costs billed to customers           are fully reconciled

with actual costs incurred subject to limitations for excessive lost and unaccounted for gas The
billing methods set forth herein are intended to be followed to the extent the goals are realized
To the extent the       billing   methods fail to achieve these              goals the methodology shall be revised
and    a    revised tariff filed to reflect such revisions                    The  Company will make appropriate
regulatory filings       and obtain      regulatory approvals           as   required before making changes to its
rates


Applicability

This clause shall        apply    to   all CoSery Gas tariffs that            incorporate this      Purchased Gas Factor
provision        and   which      have   been     properly      filed    and     implemented        with      the   appropriate
jurisdictional authority

Definitions


Standard Cubic Foot of Gas      the amount of gas contained in                         one 1 cubic foot of space at a
standard pressure of fourteen and sixty five hundredths 14
                                                        65                             pounds per square inch absolute
and a standard temperature of sixty 60 degrees Fahrenheit




Ccf        one   hundred standard cubic feet of gas


Mcf        one   thousand standard cubic feet of gas


Purchased Gas Volumes    The volumes of gas expressed in Mcf purchased by the Company
                                                         s
and received into the Company distribution systems from all sources including withdrawals
                      s
from storage and        excluding      gas   injected   into storage


Purchased Gas Cost The total cost of Purchased Gas Volumes
              s                                                                                        as    received into the
Company distribution systems all as more specifically described herein
s

Weighted Average           Cost of Gas           The Purchased Gas Costs divided                   by       the Purchased Gas
Volumes calculated         on a    monthly basis        and   expressed      as   dollars per Mcf


Billed Gas Volumes           The volumes of gas billed to customers                   plus   volumes of gas billed to third

parties following       losses or damages expressed in Mcf s
                                                TARIFF FOR GAS SERVICE
                                                          CoSery    Gas Ltd

                                                          Rate Schedule 7


                              RATE PGF               PURCHASED GAS FACTOR

Applicable       to         Entire System                                                                         Page   2 of 5
Effective Date


Billed Gas Revenues                  The total amount of            revenues   attributable to      billings by   CoSery for
Purchased Gas Costs                during   a   given period exclusive         of any    billings   for any Reconciliation
Factor   during       the   same   period

Lost and Unaccounted for Gas                    LUG         Purchased Gas Volumes minus the              sum   of Billed Gas
Volumes and metered            Company          used gas


Purchased Gas Factor               PGF           A factor   on   each customer
                                                                      s             monthly bill expressed in dollars
per   Ccf   to   reflect the Purchase Gas Costs and the Reconciliation Factor all                as more
                                                                                                         specifically
described herein


Annual Review Period                 The 12 month         period ending   June 30 of each year


Annual Review               An annual review of the              Company
                                                                 s             records    covering    the 12 month       period
ending June 30 to determine LUG volumes and any imbalances between the Purchased Gas
Costs and Billed Gas Revenues existing at the end of the Annual Review Period


Annual Imbalance Total                  The total amount determined              through the Annual Review to be
credited    or
                 surcharged        to customers       bills plus interest   in order to balance Purchased Gas Costs
with Billed Gas Revenues


Reconciliation Factor               A credit    or
                                                     surcharge   included in the Purchased Gas Factor to reflect the
pro rated    adjustment       in   billings     for any   over or  under collections on an annual basis inclusive of
interest


Record      Keeping

The  Company shall keep accurate records of all gas metered in and out of its system gas
purchases and Company owned gas injected into and withdrawn from storage and any
adjustments including interest relative to any imbalances The records shall include date
quantity and cost details for all gas handled

Purchased Gas Cost Calculation


The Purchased Gas Cost shall be determined for each month to    fairly and accurately reflect the
cost to the  Company at the points of delivery into the Company distribution systems The
                                                        s
determination shall include but not be limited to volumetric and demand charges for Purchased
Gas Volumes fees paid to others where such fees are integrally tied to the
                                                                                    purchase or
transportation of gas purchased by CoServ pipeline transportation charges both volumetric and
demand and gas storage charges both volumetric and demand
                                      TARIFF FOR GAS SERVICE
                                             CoSery Gas Ltd


                                              Rate Schedule 7


                                 RATE PGF    PURCHASED GAS FACTOR
                        Entire                                                                  Page   3 of 5
Applicable   to                  System
Effective Date


The Company shall account for gas           injected   into and withdrawn from storage     on   a   weighted
average cost basis


Purchased Gas Factor Calculation


Each customer bill shall include a Purchased Gas Factor reflecting the estimated Weighted
                                                           which estimate shall include as
Average Cost of Gas for the period covered by the bill
                                                                  estimates of the Weighted
applicable a pro rata amount to adjust for previous over or under
                                   amount of gas cost determined to have been uncollectible
Average Cost of Gas plus the total
written off and remaining unpaid plus a Reconciliation Factor to account for any Annual
Imbalance Total


Annual Review


For each Annual Review                                              amount of any imbalance
                                  Period the Company shall determine i the
between the Purchased Gas Costs and Billed Gas Revenues     and ii the LUG volume for the

Annual Review Period     As limited by the LUG volume limitation set forth below the Annual
Imbalance Total shall then be credited or surcharged together with interest to the customers
                                                                       1   following the   Annual Review
bills   over a   twelve month      period commencing each September
Period


Annual Imbalance Total               LUG Volume less than five percent of Purchased Gas Volumes
or   LUG Volume is negative


If the Annual Review shows the LUG volume for the Annual Review Period to be less than five

percent of the Purchased Gas Volumes or if the LUG volume is negative indicating a line gain
the Annual Imbalance Total shall be the difference between the total Purchased Gas Cost and the
total Billed Gas Revenues for the Annual Review Period


Annual Imbalance Total                LUG Volume is positive and is greater than five percent of
Purchased Gas Volumes


 If the Annual Review shows the LUG volume for the Annual Review Period to be positive and
 to be greater than five percent of the Purchased Gas Volumes the Annual Imbalance Total shall
 be determined     as   follows


          The difference between the total Purchased Gas Costs and the total Billed Gas Revenues
          for the Annual Review Period shall be determined
                                      TARIFF FOR GAS SERVICE
                                             CoSery Gas Ltd


                                              Rate Schedule 7


                              RATE PGF        PURCHASED GAS FACTOR
Applicable   to      Entire    System                                                                  Page   4 of 5
Effective Date


       Minus the Purchased Gas Costs attributable to LUG volumes in excess of 5 of the
       Purchase Gas Volumes using the Company Weighted Average Cost of Purchased Gas
                                      s
       for the Review Period


Reconciliation Factor Calculation


The Annual Imbalance Total      whether positive or negative shall be credited or surcharged over
twelve months       in equal total amounts per month together with interest on the
                                                                                         declining
unrecovered    or   uncredited balance The recovery shall be through a Reconciliation Factor
included in the Purchased Gas Factor                The Reconciliation Factor for each month shall be
determined as follows


      The total interest to be collected             paid   shall be     computed by using
                                               or                                             a
                                                                                                  monthly interest
      factor   equal   to   the annual interest rate divided       by   12 The annual interest rate shall be the
      interest rate established pursuant to Section 183 of the Texas Utilities Code as
                                                      003
      applicable  to customer deposits if any of customers covered
                                                                   by this tariff as such rate is
      in effect during the last month of the Annual Review Period


      The total interest to be collected       or   paid    over   the 12 month    period   shall be added to the
      Annual Imbalance Total


      The     resulting total shall then be divided by              12 to determine the total amount to be
      credited   or surcharged each month



      Each month of the            twelve month reconciliation
                                                          period the Reconciliation Factor
      expressed in Ccfs shall be calculated by dividing the sum of amount to be credited or
      surcharged during that month which amount shall include as necessary an amount to
      correct for any previous over or under estimates of Billed Gas Volumes
                                                                                  during the
      previous month or months in the same reconciliation period by the estimated Billed Gas
      Volumes for the month


      At the end of each 12 month   period any remaining balance in the Annual Imbalance
      Total shall be included in any Annual Imbalance Total to be credited or
                                                                              surcharged
      during the successor 12 month period
                                      TARIFF FOR GAS SERVICE
                                             CoSery Gas Ltd


                                              Rate Schedule 7


                               RATE PGF       PURCHASED GAS FACTOR
                       Entire System                                                            Page    5 of 5
Applicable      to

Effective Date


Annual Reconciliation Report


The   Company shall file an Annual Reconciliation Report              with the    Regulatory Authority    that
shall include but not necessarily be limited to


      1   A tabulation of volumes of gas   purchased and costs incurred listed by account or
          type of gas supplier and source by month for the twelve months ending June 30
      2   A tabulation of the uncollectible gas cost by month for the twelve months ending
          June   30
      3   A    description   of all other costs and refunds made   during   the year and their effect
          on   Rate PGF  Purchased Gas Factor to date
      4   A tabulation of gas units sold to general service customers and related Rate PGF
          Purchased Gas Factor revenues and
      5   A description of the imbalance payments made                 to   and received from the
          Company transportation
          s                              customers within the      service area   including monthly
          imbalances incurred the monthly imbalances resolved and the amount of
          cumulative imbalances The description should reflect the system imbalance and
          imbalance amount for each supplier using the Company distribution system
                                                        s
          during the reconciliation period
                                          TARIFF FOR GAS SERVICE
                                                     CoSery Gas Ltd


                                                      Rate Schedule 8


                                RIDER PSF            PIPELINE SAFETY FEE

Applicable      to       Entire     System                                                                 Page   1 of 1
Effective Date


Application


Applicable      to   all customer classes




Monthly calculation


Company     will      charge    a   surcharge   to   recover   pipeline safety    fees assessed   by   the Commission
pursuant   to   Section 121 of the Texas Utilities Code and Commission Rule 16 TAC
                        211                                                                                       8
                                                                                                                  201
The surcharge         will be
                     charged                 not   more   often than
                                                        year and will be billed following
                                                                       once   a

payment by the Company to the Commission in accordance with the Commission rules
                                                                s
                                     TARIFF FOR GAS SERVICE
                                               CoSery Gas Ltd


                                               Rate Schedule 9


                         RIDER RCE             RATE CASE EXPENSES

                   Entire   System                                                            Page   1 of 1
Applicable   to

Effective Date


Application

Applicable   to Residential and Commercial customer classes




Monthly calculation

The bill of each residential and commercial customer shall include     surcharge designed to
                                                                               a

recover Company reasonable rate case expenses including reimbursement of municipal rate
          s
case expenses in accordance with Section 103 of the Texas Utilities Code
                                              022                               The surcharge

will be calculated on a Ccf basis using total company volumes for Residential and Commercial
customers over a period of thirty six 36 months commencing with the date rates set forth in
this revised tariff become effective in the city town or environs area


All collections of the   surcharge   will be   applied monthly to the outstanding   uncollected balance of
such   rate case expenses   and interest at the rate of six  6 percent per year     shall be calculated on
and added to the    declining  balance each month To the extent that               some  expenses may be
estimates Company      is authorized to add such expenses as incurred to the amount to be
surcharged up to the total estimated expenses of Company and municipalities being reimbursed

                                                                                                     forth
Company shall file an annual report with each regulatory authority with jurisdiction setting
recoveries and the remaining balance in the rate expense account
                                        TARIFF FOR GAS SERVICE
                                                  CoSery          Gas        Ltd




                                                  Rate Schedule 10


               RIDER WNA            WEATHER NORMALIZATION ADJUSTMENT

Applicable    to       Entire   System                                                                          Page   1 of 2
Effective Date


Application


Applicable    to   Residential customers     as   well      as   Commercial customers with annual             consumption
less than 400 Mcf


Monthly calculation

In order to reflect weather variances in timely and accurate manner the Weather Normalization
                                                  a

Adjustment WNA factor shall be separately calculated and adjusted monthly by rate class for
each meter reading cycle Cycle        Monthly WNA adjustments will be based upon weather
information for the periods beginning with the first Cycle read in November and ending with the
last Cycle read in the following May


The WNA factor for each         Cycle    shall be based          on    the   following formula

                   WNA factor      WNV        CMV


                   WNV is calculated based            on   the   following formula

                   WNV     HDD HDD                    HL         HL


Definitions


   CMV        Current Month Volumes billed for the                     Cycle

   HDD        Normal    heating degree days during                the   Cycle

   HDD        Actual   heating degree days during                the   Cycle

   HL    Heat Load volumes calculated                  using       the       following formula    Total volumes for the
   Cycle less      Base Load volumes where Base Load volumes                          are   calculated   by multiplying the
   Base Load per customer           as    established in the most recent rate                    case    by the number of
   customers in the Cycle


Monthly Report


By the 25 day of the following month the Company will file with the Regulatory Authority a
monthly report showing the volume adjustments and WNA revenues for each applicable
customer class Supporting documentation will be made available for review upon request
                                       TARIFF FOR GAS SERVICE
                                             CoSery Gas Ltd



                                              Rate Schedule 10


                    RIDER WNA         WEATHER NORMALIZATION ADJUSTMENT

Applicable      to       Entire   System                                                      Page   2 of 2
Effective Date


Annual Report


An annualreport shall be filed with the regulatory authority for each sixmonth period beginning
with November and ending with the subsequent May by customer class             The report shall
provide a           the total amount of volumetric   revenues collected from customers including WNA
revenues       b      the Base Load    revenues   collected from customers using the Base Load per
customer       as   established in the most recent rate   case   multiplied by   the number of customers
during   the
           period c          the difference between the volumetric    collected from customers
                                                                      revenues

and the Base Load which represents the weather sensitive revenues billed and d the calculated
WNA revenues determined by the operation of the provisions of this weather normalization
adjustment clause
                                            TARIFF FOR GAS SERVICE
                                                      CoSery Gas Ltd


                                                      Rate Schedule 11


                   RATE M               MISCELLANEOUS SERVICE CHARGES
Applicable    to         Entire   System                                                                    Page   1 of 3
Effective Date


Application

The service   charges listed          below   are   in addition to any other charges under the Company Tariff
                                                                                               s
for Gas Service and will be              applied    for the condition described Other services not covered by
these standard conditions will be             charged on the basis of             an    estimate for the    job    or   the
s
Company       actual cost       plus appropriate surcharges

Applicable Charges

 Service
                                                                                                           Amount of
 Charge                                         Name and      Description
   No                                                                                                       Charge
              Connection          Charge During        Business Hours
                   During   standard business         hours for each reconnection of gas service
                   where service has been discontinued at the same premises for any
                   reason for the initial inauguration of service and for each

                inauguration of service when the billable party has changed with
                   the
                    following exceptions
    1                                                                                                              65
                                                                                                                   00
                   a For a builder who uses gas temporarily during construction
                         or for
                                display purposes
                   b Whenever gas service has been temporarily interrupted
                         because of System outage or service work done by
                         Company or
                   c For any reason deemed necessary for Company operations
              Connection Charge After Business Hours
                   After standard business hours for each reconnection of gas service
                   where service has been discontinued at the same premises for any
                   reason for the initial inauguration of service and for each

                   inauguration of service when the billable party has changed with
                   the   following exceptions
    2                                                                                                             00
                                                                                                                  97
                     a     For    a   builder who    uses   gas   temporarily during   construction   or

                           for   display    purposes
                     b     Whenever          gas service      has    been   temporarily interrupted
                           because of       System outage     or    service work done by Company
                           or

                     cFor any reason deemed necessary for                   Company operations
              Field Read of Meter
                   A read for         change charge when it is necessary for the Company              to
    3                                                                                                              00
                                                                                                                   19
                   read the meter at        a currently served location because of a
                                                                                     change           in
                   the billable party
                                             TARIFF FOR GAS SERVICE
                                                      CoSery    Gas   Ltd


                  RATE M              MISCELLANEOUS SERVICE CHARGES
             to      Entire System                                                                               Page   2 of 3
Applicable
Effective Date


 Service
                                                                                                                Amount of
 Charge                                         Name and       Description
                                                                                                                 Charge
   No
              Returned Check            Charges
    4             Returned       check    handling charge for            each        check    returned    to            20
                                                                                                                        00

                Company for any reason
              Charge for Temporary Discontinuance of Service Residential
                Whenever service has been temporarily disconnected at the request
    5           of the customer this charge plus the appropriate Connection Charge                                      65
                                                                                                                        00
                  will be made to reestablish such service for that customer at the
                  same    address

              Charge      for   Temporary        Discontinuance of Service NonResidential
                  Whenever service has been            temporarily disconnected at the request
    6             of the customer this          charge plus the appropriate Connection Charge                           107
                                                                                                                        00
                  will be made to reestablish such service for that customer at the
                  same    address
              Charge for Meter Testing
                The Company shall upon request of a customer make a test of the
                accuracy of the meter serving that customer The Company shall
                inform the customer of the time and place of the test and permit the
                  customer       or    his    authorized      representative    tobe present if the

    7
                  customer so         desires    If   no   such test has been   performed within the                    00
                                                                                                                        15
                  previous      fouryears for the same customer at the same location
                                       4
                  the test shall be performed without charge If such test has been

                  performed for the same               customer at the same          location within the

                  previous four 4 years                the   Company   will charge the Meter Test
                  Fee     The customer must be               properly informed of the result of any
                  test   on a   meter   that services him

              Charge      for Service Calls           During   Business Hours
                  A Service Call             Charge    is made for    responding       to a   service call
     8                      standard business hours that is determined to be                   a   customer             00
                                                                                                                        26
                  during
                        problem rather than a Company
                  related                                      Company         or                  facilities

                problem
              Charge for Service Calls After Business Hours
                A Service Call Charge is made for responding to a service                          call after
     9                                                                                                                  40
                                                                                                                        00
                  standard business hours that is determined to be a customer related
                  problem rather than a Company or Company facilities problem
                                 TARIFF FOR GAS SERVICE
                                        CoSery Gas Ltd


                 RATE M      MISCELLANEOUS SERVICE CHARGES
                   Entire                                                                Page   3 of 3
Applicable to               System
Effective Date


 Service
                                                                                        Amount of
 Charge                              Name and   Description
                                                                                         Charge
   No

            Tampering Charge
              No Company Meters equipment or other property whether on
              Customer premises or elsewhere are to be tampered with or
              s
              interfered with for any reason A Tampering Charge is made for
              unauthorized reconnection or other tampering with Company
              metering facilities or a theft of gas service by a person on the                  00
                                                                                                125
    10
              customer premises or evidence by whomsoever at customer
              s                                                          s

              premises      An additional cost for the cost of repairs andor

              replacement of damaged facilities and the installation of protective
              facilities or relocation of meter are made at cost plus appropriate
              charges as may be detailed in the Company Service Rules and
                                                     s
              Regulations
            Debit
            Credit Card Payments Charge
    11        Bill payments using credit cards debit cards and electronic checks       Actual Cost

              includes third party transaction fees and administrative costs
            Line Extension and Installation Charges
               Extension and installation of new mains service lines risers fittings
               and other appurtenant equipment pursuant to main extension policy
    12                                                                                 Actual Cost
               in municipal franchise Credit for main pursuant to municipal
               franchise The customer is responsible for the installation of yard
               line and yard line risers
            Construction Crew Charges
    13                                                                                 Actual Cost
               All labor charges if a construction crew is required
            Construction Costs Charges
    14                                                                                 Actual Cost
               All other construction charges
                                    TARIFF FOR GAS SERVICE
                                           CoSery Gas Ltd


                                           Rate Schedule 12


                                RATE   Q    QUALITY OF SERVICE
Applicable   to   Entire   System                                                  Page   1 of 1
Effective Date




CoSery Gas follows the quality of service requirements as set forth in the Commission rules at
16 TAC Sections 45 Quality of Service and Section 7 Suspension of Gas Utility Service
                7                                     460
Disconnection During An Extreme Weather Emergency
                                  TARIFF FOR GAS SERVICE
                                          CoSery   Gas Ltd

                                          Rate Schedule 13


                             RATE CP       CURTAILMENT POLICY
Applicable   to Entire   System                                                           1 of 1
                                                                                   Page
Effective Date




CoSery Gas follows the     requirements   of the order in the Railroad Commission of Texas Gas
Utilities Docket No 489
                                    TARIFF FOR GAS SERVICE
                                        CoSery Gas Ltd


                                        Rate Schedule 14


                               RATE DEP    CUSTOMER DEPOSITS
                                                                                      Page   1 of 1
Applicable   to   Entire   System
Effective Date




                                                                                    of good credit
Customer    deposits are not required with acceptable credit bureau or other report
                                                  Gas customers who have been disconnected for
by a utility Deposits may be required of CoSery
                                                             will be determined by estimating one
nonpayment and later request to be reconnected Deposits
sixth of the average annual bill and may include allowable additional charges as specified by
Texas Railroad Commission regulation         See applicable Commission regulation at 16 TAC
Section 7 Quality of Service Rule for other provisions governing deposits
         45
         SECTION 6              Relief   requested by    CoSery not     specifically   addressed herein is
denied


         SECTION 7             It is
                            hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that public notice of the
time place and purpose of said meeting was given as required

         SECTION 8      A copy of this ordinance constituting final action on the CoSery

application    be forwarded to the appropriate designated representative of the Company
Charles D  Harrell Chief Financial Officer CoSery Gas Ltd 7701 South Stemmons
Corinth Texas 76210 1842 and to Geoffrey Gay legal counsel to Cities within 10 days

         SECTION 9              This Ordinance shall take effect         immediately    from and after its
passage and acceptance and it is          accordingly   so   ordained


         DULY PASSED AND APPROVED                        by the City     Council of the    City   of   Wylie
Texas Collin County        on     this the   8 day of September 2009




                                                             Eric   Hogue Mayor

ATTEST




Carole   Ehrlich City Secretary




Ordinance No 2009 28
CoSery Gas Rates and Tariffs
                                                                                                        Wylie City                  Council

CITY         OF     WYLIE                                                                 AGENDA REPORT


Meetin       Date                   September 8        2009                      Item Number                   7

                                    CM                                                                             City Secretary
                                                                                                                        s             Use   Only
Department

Prepared By                       Jeff Butters                                   Account Code

Date      Prepared                  08                                           Budgeted Amount
                                                                                 Exhibits                      Ordinance


              Sub

Consider and act upon Ordinance No 200929 amending Ordinance No 2006 16 and Chapter 74 Article VII
Graffiti Vandalism of the Wylie Code of Ordinances for the purpose of revising regulations relating to the
removal of Graffiti on private property providing for a penalty for the violation of this ordinance providing for
repealing savings and severability clauses providing for an effective date of this ordinance and providing for
the   publication      of the   caption hereof

         Recommendation
Motion to approve Ordinance No 2009 29 amending Ordinance No 2006 16 and Chapter 74 Article VII
Graffiti Vandalism of the Wylie Code of Ordinances for the purpose of revising regulations relating to the
removal of graffiti       on    private property

             Discussion

The Texas State         Legislature recently passed             HB 2086 which went into effect          September 1        2009

One       provision    of HB 2086 states that Cities cannot               charge property     owners    for   graffiti   removal unless the      City
has      previously    offered to clean up the          graffiti    for free and the property    owner   has refused this offer

If   a   property   owner       does refuse free         graffiti   remediation  by the City the City can then declare               the    graffiti   a

public nuisance         obtain      access     to   the property clean up    the graffiti and charge the owner

Our current Graffiti Ordinance is in conflict with HB 2086 The                                 City Attorney
                                                                                                    s                Office has      prepared this
amendment         so   that   our   Graffiti Ordinance will            comply    with State law The intent of the           new    legislation is to
prevent Cities from victimizing the victims of graffiti offenses                          by charging   fees for clean up when the property
owner cannot afford the clean up or the City fee


Since Ordinance 2006 16              passed there have been several occasions where Wylie property owners could not
                                         was

afford      graffiti removal and the City of Wylie removed or painted over the graffiti The property owners were
not      charged in any of these situations and our offer for graffiti clean has never been refused
                                                                       up
The instance of the         City doing graffiti removal on private property has been rare The norm has been                                  that the
property      owners    will clean up the graffiti in a timely fashion without any action on the part of the City

             A roved B
                                                                                Initial                                     Date
                                                                                JTB                                      08 21 2009
Department Director
City Manager                                                                    91fl                                          09
                                                                                                                                       Page     1 of 1
                                                        29
                                           ORDINANCE NO 2009


                 AN ORDINANCE OF THE CITY OF                      WYLIE TEXAS AMENDING
                 ORDINANCE NO               2006 16      AND     CHAPTER 74 ARTICLE VII
                 GRAFFITI VANDALISM OF                                THE     WYLIE            CODE       OF

                 ORDINANCES  FOR  THE                            PURPOSE                 OF     REVISING
                 REGULATIONS RELATING TO THE REMOVAL OF GRAFFITI
                 ON PRIVATE PROPERTY PROVIDING FOR A PENALTY FOR
                 THE VIOLATION OF THIS ORDINANCE PROVIDING FOR
                 REPEALING              SAVINGS         AND           SEVERABILITY              CLAUSES
                 PROVIDING FOR AN EFFECTIVE DATE OF THIS                                      ORDINANCE
                 AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
                 HEREOF



         WHEREAS the City Council of the City of Wylie Texas                                     City    Council        has
investigated      and determined that it would beadvantageous                 and beneficial to the citizens of the
City  of Wylie Texas Wylie          to amend Ordinance No 200616 and Chapter 74 Article VII

Graffiti Vandalism of the Wylie Code of Ordinances for the purpose of revising regulations
relating to the removal of graffiti on private property


     NOW THEREFORE                         BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE TEXAS


          SECTION 1     Findings Incorporated              The   findings    set forth above     are   incorporated    into
the   body of this Ordinance as if fully set forth         herein

          SECTION 2            Amendment of Ordinance No 2006 16 and                          Chapter 74     Article VII

Graffiti Vandalism of the Wylie             Code of Ordinances Ordinance No 2006 16 and                      Chapter 74
Article VII Graffiti Vandalism               of the     Wylie    Code of Ordinances is            hereby    amended        as

follows


                                                  CHAPTER 74


                                    ARTICLE VII GRAFFITI VANDALISM


Sec 74 121        Purpose     and intent




Sec 74128 Removal of                graffiti by property     owner or       city   offense


          If   graffiti   is not removed   by the perpetrator according            to   section 74 127   graffiti   shall be
removed        pursuant   to the   following provisions



Ordinance No 2009 29
               Ordinance No 2006 16 and    Chapter 74   Article VII   Graffiti Vandalism                            Page   1
Amending
vl
556835
                                responsibility             It shall be         offense for any person who is the
                                                                               an
     1        Property      owner

              owner    of property in the City            to   permit     property that is defaced with graffiti to
              remain defaced after

                                                                               the   graffiti   from the property free of
               a       receiving the City s offer              to remove

                       charge

               b       refusing     to   accept the City offer and
                                                    s

               c       failing to remove the graffiti on or before the fifteenth                              15 day     after
                                                                       2
                       receiving the notice described in subsection 74 128

               If the property owner fails to remove the graffiti on or before the
                                                                                    fifteenth 15
                                                                        74 128 the City may
               day after receiving the notice described in subsection       2
               remove the graffiti and charge the expenses of eradication
                                                                            to the property owner
                                                                                               Fee
               in accordance with subsection 74 128 and Wylie Consolidated
                                                      6              s
               Ordinance      as   amended


               Notice to                   owner       The notice to the             property    owner       shall contain the
      2                      property
               following

               a        The street address and or               legal description          of the property sufficient for
                        identification of the property


               b        A statement that the           property is       a            nuisance property with
                                                                             potential graffiti
                        a   concise      description   of the conditions leading to the finding


                c       A statement that the                  removed within fifteen 15 days after
                                                       graffiti   must be
                                                                                     within that time
                        receipt of the notice and that if the graffiti is not abated
                                                                                                                        to the
                        the     will declare the property to be a
                              City                                                        public nuisance subject
                        abatement procedures in this Chapter and


                d      An information sheet           identifying any graffiti removal assistance programs
                       available     through the     City and private graffiti removal contractors

                                                                                     The notice      required    in subsection
         3      Meansof providing notice             to   property       owner

                74 128 shall be given
                   2

                                          to   the property     owner     in   writing
                   a     personally

                   b          letter sent       by certified mail addressed             the property owner at the
                                                                                           to
                         by
                         property owner address as
                                    s                                   contained in the records of the appraisal
                         district in which the property is located                   or




                   c     if service cannot be obtained under subsection                         a   or   b



Ordinance No 2009 29
           Ordinance No 2006 16 and       Chapter 74 Article      VII   Graffiti Vandalism                             Page 2
Amending
vl
556835
                        i          by publication         at least    once    in   a   newspaper of        general circulation
                                   in the City


                        ii         posting     the notice in        or near   the front door of each            building   on    the
                                   property     to which the notice           relates       or




                        iii        by posting       the notice       on a
                                                                            placard         attached to    a   stake driven into
                                   the ground       on   the property to which the notice relates


         4      Exceptions    to property owner          responsibility

                a       The property          owner      lacks the financial            ability      to remove     the   defacing
                        graffiti

                b       The property owner has an active program for the removal of graffiti and
                        has scheduled the removal of the graffiti as part of that program in which
                        case    it shall be unlawful           to  permit such property to remain defaced with
                        graffiti for      a   period     of   fifteen 15 days after service of notice of the
                        defacement

                c       The    graffiti   is located     on   transportation infrastructure               or



                d       The     removal       of the         graffiti would        create        a   hazard     for the    person
                        performing        the removal


         5      Right of City   to   remove



                a       Use  ofpublic funds Whenever the City becomes aware or is notified and
                        determines that  graffiti is located on publicly or privately owned property
                        viewable from a public or quasi public place the City shall be authorized
                        to use public funds for the removal of the graffiti or for the painting or

                        repairing of the graffiti but shall not authorize or undertake to provide for
                        the painting or repair of any more extensive an area than that where the
                        graffiti is located unless the City Manager or the designee of the City
                        Manager determines in writing that a more extensive area is required to
                        be repainted or repaired in order to avoid an aesthetic disfigurement to the
                        neighborhood or community or unless the property owner or responsible
                        party agrees to pay for the costs of repainting or repairing the more
                        extensive     area



                 b      Right of entry        on   private property Prior              to   entering upon private property
                        or
                          property        owned
                                          by public entity
                                                         a                     other than the       City for the purpose of
                        graffiti removal the City shall attempt                             to   secure   the consent of the
                        property      owner        and   a    release of the           City      from   liability for property


Ordinance No 2009 29
Amending   Ordinance No 2006 16 and   Chapter 74       Article VII   Graffiti Vandalism                                   Page   3
vl
556835
                        damage or personal injury If the property owner fails to remove the
                        offending graffiti within the time specified by this Article or if the City
                        has requested consent to remove or paint over the offending graffiti and
                        the property owner or responsible party has refused consent for entry on
                        terms acceptable to the City and consistent with the terms of this Article

                        the City shall commence abatement and cost recovery proceedings for the
                        graffiti removal according to the provisions specified below

         6      Abatement and     cost recovery        proceedings

                a       Notice  of due process hearing The City Manager or the designee of the
                        City Manager serving as the Hearing Officer shall provide the property
                        owner of record not less than seventy two 72 hours notice of the
                                                                                           City
                                                                                           s
                        intent to hold a due process hearing at which the property owner shall be
                        entitled to present evidence and argue that the property does not constitute
                        a public nuisance      Notice shall be served in the same manner as a
                        summons       in    a   civil action   brought   in       Collin
                                                                       County Court at law If the
                                                                              a

                        owner    of record cannot be found after diligent search the notice may be