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05-31-2022 (City Council) Agenda Packet Wylie City Council Regular Meeting May 31,2022—6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PR1. Wylie Way Students 4th Term/ 1st- 12th Grade. PR2. Recognizing May 2022 as Asian Americans and Pacific Islanders Month. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. 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 May 10, 2022 Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2022-40 of the City of Wylie, Texas granting a franchise agreement to Farmers Electric Cooperative,Inc. C. Consider, and act upon, Resolution No. 2022-16(R), ratifying Renae 011ie as Acting City Manager in the absence of Brent Parker, City Manager. D. Consider,and act upon,Ordinance No.2022-41 amending Wylie's Code of Ordinances,Ordinance No.2021- 17,as amended,Chapter 78(Parks and Recreation),Article IX(Cemeteries),to create Division 3 -Cemetery Operations. E. Consider, and act upon, a Final Plat for Woodbridge Townhomes Tract A-3 Phase 2, establishing 104 residential lots and three open space lots on 13.125 acres,generally located on the southwest corner of Hooper Road and Hensley Lane. F. Consider, and act upon, a Final Plat for Woodbridge Townhomes Tract A-4 Phase 2, establishing 60 residential lots and two open space lots on 5.868 acres,generally located on the southwest corner of Hooper Road and Hensley Lane. G. Consider, and act upon, a Final Plat for Woodbridge Townhomes Tract A-4 Phase 3, establishing 75 residential lots on 6.171 acres, generally located on the southwest corner of Hooper Road and Hensley Lane. Page 11 7 H. Consider, and act upon, Ordinance No. 2022-42 regarding a change in zoning from PD-SF-ED to PD-ED to allow for an Accessory Dwelling Unit,property located at 801 Lake Ranch Ln. (ZC 2022-09). I. Consider, and act upon, Resolution No. 2022-17(R),repealing Resolution No. 2022-14(R), and authorizing the City Manager of the City of Wylie, Texas, or his designee, to execute an Advance Funding Agreement between the State of Texas and the City of Wylie,and to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. J. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for April 30,2022. K. Consider, and place on file,the City of Wylie Monthly Investment Report for April 30,2022. L. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of April 30,2022. M. Consider,and act upon,the approval of the purchase of Audio Visual Equipment and Installation from Lantek Audio Video & Communications LLC in the estimated amount of $135,887.51 through a cooperative purchasing contract with The Interlocal Purchasing System (TIPS), and authorizing the City Manager to execute any necessary documents. N. Consider, and act upon, Resolution No. 2022-18(R), suspending the June 17, 2022 effective date of Oncor Electric Delivery Company's requested rate change to permit the City time to study the request and to establish reasonable rates; approving cooperation with the Steering Committee of Cities served by Oncor to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the company and legal counsel for the Steering Committee. REGULAR AGENDA 1. Interview applicants for Board of Review vacancies for a term to begin July 1, 2022 and end June 30,2024. 2. Consider, and act upon, Ordinance No. 2022-43 amending Ordinance No. 2021-43, which established the budget for fiscal year 2021-2022;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. 3. Consider, and act upon, the first modification to PSPO #W2019-8-E for FM 544 (Stone Road) Phase 3 Improvements from North of Alfred Drive to Vinson Road to Freese & Nichols, Inc. in the amount of $146,240.00 and authorizing the City Manager to execute any necessary documents. 4. Consider,and act upon,Ordinance No.2022-44 amending Wylie's Code of Ordinances,Ordinance No.2021- 17, as amended, Appendix A (Wylie Comprehensive Fee Schedule), Section IX (Parks and Recreation), Subsections A through H. 5. Consider, and act upon, Ordinance No. 2022-45 amending Ordinance No. 2021-43, which established the budget for fiscal year 2021-2022;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. 6. Consider, and act upon, Ordinance No. 2022-46, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, amending Chapter 58 (Historical Preservation), Article I (General) and Article II (Landmarks). WORK SESSION Page 12 2 WS1, Presentation providing an overview of Capital Projects Funding. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on May 27,2022 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071—Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange,lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. Page 13 3 05/31/2022 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of May 10, 2022 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. Financial Summary/Strategic Goals Community Focused Government 4 05/31/2022 Item A. Wylie City Council Regular Meeting Minutes May 10,2022—6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:02 p.m. The following City Council members were present:Junior Mayor Alvin Velasquez,Councilman David R.Duke,Councilman Dave Strang,Mayor pro tern Jeff Forrester, Councilman Timothy T.Wallis, Councilman Scott Williams, and Councilman Garrett Mize. Staff present included: Interim City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson;Finance Director Melissa Beard;Fire Chief Brandon Blythe;Public Information Officer Craig Kelly; Planning Manager Jasen Haskins; Library Director Ofilia Barrera; Public Works Director Tommy Weir; Human Resources Director Lety Yanez; Recreation Division Manager Carmen Powlen; Parks Manager Brent Stowers; WEDC Executive Director Jason Greiner; Project Engineer Jenneen Elkahlid; City Secretary Stephanie Storm; and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Keith Spurgin,New Hope Christian Church Pastor,led the invocation, and Scouts BSA Troop 1869 led the Pledge of Allegiance. ISSUANCE OF CERTIFICATE OF ELECTIONS&ADMINISTRATION OF OATH OF OFFICE Mayor Porter presented Certificates of Election and Municipal Court Associate Judge Ashley McSwain administered the Oath of Office to Councilmembers-Elect David R. Duke and Jeffrey Forrester. PRESENTATIONS &RECOGNITIONS PR1. Blue Star Banner Presentation. Scott and LaNeigh Jones were present to accept the Blue Star Banner in honor of their son Mason Hartman who is currently serving in the U.S. Army. Ms. Jones stated he has been serving for 1.0 years and is currently stationed in Germany. PR2. Proclamation recognizing May 15-21, 2022 as National Police Week. Mayor Porter presented a proclamation proclaiming May 15-21, 2022 as National Police Week in Wylie, Texas. Members of the Wylie Police Department were present to accept the Proclamation. PR3. Proclamation recognizing the week of May 9- 13,2022 as Economic Development Week. Mayor Porter presented a proclamation proclaiming May 9-13, 2022 as Economic Development Week in Wylie, Texas. WEDC staff and board members were present to accept the Proclamation Page I1 5 05/31/2022 Item A. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Damian Johnson,representing the local Juneteenth committee,addressed Council giving information on the history of Juneteenth and spoke about the upcoming Juneteenth celebration being held on Saturday,June 18,2022 from 10 a.m. to 4 p.m. in Olde City Park. Johnson thanked the Wylie Police Department, the City of Wylie, and the Wylie community for their support. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of April 26,2022 Regular City Council Meeting minutes. B. Consider, and act upon, a Final Plat, being an Amended Plat, for Woodlake Village Addition, establishing one commercial lot on 17.691 acres generally located at 2050 N State Highway 78. C. Consider, and act upon, a Final Plat for Wyndham Ridge, establishing 119 residential lots and three open space lots on 23.527 acres in the City of Wylie Extra Territorial Jurisdiction, generally located on Sachse Road approximately 900' southwest of Pleasant Valley Road. D. Consider, and act upon, a Final Plat being a Replat for Sanden Addition, establishing three light industrial lots on 90.309 acres.Property located at 601 Sanden Boulevard. E. Consider, and act upon, approval of substantial renovations in accordance with Ordinance No. 2013- 17 for the remodel of an existing residential structure, located at 307 N. Jackson St. within the Downtown Historic District. F. Consider, and act upon, Ordinance No. 2022-37 regarding a change in zoning from Commercial Corridor(CC)to Commercial Corridor- Special Use Permit(CC-SUP)to allow for a restaurant with drive-thru on 1.02 acres,property located at 2020 N State Highway 78 (ZC 2022-07). G. Consider, and act upon, Ordinance No. 2022-38 regarding a change in zoning from Commercial Corridor (CC) to Planned Development - Commercial Industrial (PD-CI) to allow for a commercial and light industrial development on 7.789 acres generally located on SH 78 1000' east of Eubanks Lane (ZC 2022-08). H. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G22P0061 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 20,2022 through September 10,2022 for a sum not to exceed $52,228.75. T. Consider, and act upon,Resolution No. 2022-15(R), repealing Resolution 2015-11(R), adopting Rules of Procedure for the Board of Review, adopted by Ordinance No.2022-01. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve the Consent Agenda Items as presented. A vote was taken and motion passed 7-0. Page 12 6 05/31/2022 Item A. Mayor Porter convened the Council into Executive Session at 6:37 p.m. Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1)to deliberate the appointment, employment, evaluation,reassignment,duties,discipline, or dismissal of a public officer or employee; or (2)to hear a complaint or charge against an officer or employee. (b)Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. ES1. City Manager. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter convened the Council into Open Session at 6:54 p.m. REGULAR AGENDA 1. Consider, and act upon, the employment agreement between the City of Wylie, Texas and Brent Parker, and authorize the Mayor to execute the agreement. Council Action A motion was made by Mayor Porter, seconded by Mayor pro tern Forrester,to approve Item 1 as presented.A vote was taken and motion passed 7-0. 2. Consider,and act upon,the appointment of Mayor pro tern for a term beginning May 2022 and ending May 2023. Council Action A motion was made by Councilman Williams, seconded by Councilman Duke,to appoint Councilman Forrester as Mayor pro tern. A vote was taken and motion passed 7-0. 3. Hold a Public Hearing,consider,and act upon,a change in zoning from PD-SF-ED to PD-ED to allow for an Accessory Dwelling Unit,property located at 801 Lake Ranch Ln.(ZC 2022-09). Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting an amended Planned Development (PD)to allow for an accessory dwelling unit(ADU) on the property. The purpose of the PD amendment request is to allow the construction and occupation of a new 4,000-square-foot single-family home while maintaining the existing structure that currently serves as the home for the property. The applicant bought the 27-acre property in 2015 with an existing 2,100-square-foot dwelling. In 2018 the applicant applied, and was approved for, a PD to allow for the construction of a 4,000 square foot log cabin style home. The PD was required at the time to allow for the log-style building materials. State law has since changed,allowing any building material that meets the building code.While the log-cabin design would be allowed by-right,the desire now is to also keep the existing 2,100 sq.ft. home after completion of the new larger house. However, the zoning ordinance allows for only one single-family home per lot in the Single-Family-Estate District(SF-ED).Having two habitable structures on the same lot requires a PD.The provided zoning exhibits show the existing home and the proposed new home.The surrounding properties are zoned Agricultural and are generally developed as SF-ED. Haskins reported seven notifications were mailed; with no responses returned in favor or in opposition of the request.As the property is over 27 acres,the surrounding properties are also large single-family lots, and no responses have been received in opposition to the request. The Planning and Zoning Commission did vote 4-0 recommending approval of the PD. Page 13 7 05/31/2022 Item A. Staff Comments Councilman Williams asked if there were minimum size lot deed restrictions on the lot, and asked if they would be better off replating the property.Haskins replied he was unsure of any deed restrictions,and added that the replatting process on this property would be very difficult because of the layout of the property and the flood plain area. Councilman Wallis stated on this particular item which has plenty of acreage to accommodate two homes,it seems that we are making the residents jump through hoops. Haskins responded this is one of those items staff can bring back before the Commission and Council to recommend amending the Zoning Ordinance to allow properties that have over a designated number of acres,to allow two homes by right instead of having to go through this process. Public Hearing Mayor Porter opened the public hearing on Item 3 at 7:05 p.m. asking anyone present wishing to address Council to come forward. No one came forward wishing to address the Council. Mayor Porter closed the public hearing at 7:06 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to approve Item 3 as presented. A vote was taken and motion passed 7-0. 4. Consider, and act upon, the award of bid #W2022-41-B Standby Generators for East Brown Street, Newport Harbor and Nortex Pump Stations in the amount of$1,382,469.00 to McDonald Municipal &Industrial, a division of C.F.McDonald Electric Inc., and authorizing the Interim City Manager to execute any and all necessary documents. Staff Comments Purchasing Manager Hayes addressed Council stating this item was put out to bid with a set of specs with an award methodology of"the lowest responsive, responsible bidder", and received offers from four different vendors. The bid specification contained a section titled"Manufacturer Requirements"with the definition that"to be classified as a manufacturer, the builder of the generator set must manufacture at a minimum, engines or alternators." The requirement was included in the bid specification to assure the City is receiving bids from established contractors that have a proven record of successful projects, using equipment with parts that are readily available. Section E5 of the bid specification listed three acceptable manufacturers, and in response to a vendor inquiry during the bid process, Addendum No. 1 was issued allowing for the consideration of alternative manufacturers subject to final determination by the City and the engineering firm of record Birkhoff Hendricks&Carter(BHC).The City received five offers from four firms. Four of the offers received were for alternative manufacturers, and one offer was for a pre-approved manufacturer. The City requested technical documents which were reviewed by BHC, and the final determination is that alternative manufacturers did not meet the requirements of the bid specification,which left the fourth lowest bid out of the five bids. Council Comments Mayor Porter added this would allow potable water to continue to flow through the City in the event of an electricity outage. Councilman Williams asked how this compares to what was budgeted. Hayes replied the budget was $1.7 million. Williams confirmed that going with the fourth-lowest out of five is still under budget. Hayes confirmed that was correct. Council Action A motion was made by Councilman Williams, seconded by Councilman Duke, to approve Item 4 as presented. A vote was taken and motion passed 7-0. Page 14 8 05/31/2022 Item A. 5. Consider, and act upon, Ordinance No. 2022-39 amending Ordinance No. 2021-43,which established the budget for fiscal year 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Staff Comments Finance Director Beard addressed Council stating this item is to replace outdated hardware for meeting streaming services,the monthly cost of the streaming services, and also includes closed captioning. The total cost is $83,180 and will increase the general budget and will decrease the fund balance by that exact same amount. Council Comments Mayor pro tern Forrester confirmed this was the annual cost. Beard replied it is the cost for the remainder of the budget year, which is $2,045 a month. City Manager Parker added this is a part of the technology upgrade for the Council Chambers. Councilman Williams confirmed that $150,000 had been budgeted for this project. Parker replied that is correct and the $150,000 covers a majority of the project and this is an additional cost. Councilman Mize stated he was excited about this project as it will increase accessibility for residents. Williams asked if this has already gone out for bid and if the contract has already been awarded. Parker replied that a purchase order has not been issued yet and Purchasing Manager Hayes is currently reviewing the contract. Williams asked if this was the lowest responsive or part of the Co-op. Hayes replied it is part of a co-op contract and will come before Council at a future meeting. Council Action A motion was made by Councilman Strang, seconded by Councilman Duke,to approve Item 5 as presented.A vote was taken and motion passed 7-0. 6. Consider, and act upon, the appointment of a 2022 Board and Commissions City Council Interview Panel to conduct the May 2022 board applicant interviews. Council Comments Mayor Porter stated historically the Mayor pro tern has served as the Chair of the Interview Panel, and asked for any volunteers that would like to serve on the Panel. Councilmen Williams and Duke volunteered to serve on the Panel. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester, to appoint Mayor pro tern Forrester,Councilman Duke,and Councilman Williams to serve on the 2022 Boards and Commissions City Council Interview Panel. A vote was taken and motion passed 7-0. 7. Consider, and act upon, casting a recommendation for a candidate for the Executive Board of the North Central Texas Council of Governments (NCTCOG). Council Comments Mayor Porter stated that the City received a letter and the individual cities can put forth a representative that will be presented to a board. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Mize, casting a recommendation for Matthew Porter as a candidate for the Executive Board of the North Central Texas Council of Governments (NCTCOG). A vote was taken and motion passed 7-0. 8. Consider, and act upon, authorizing the Mayor to request an extension with DART for the Collin County Rides Program. Staff Comments Page 15 9 05/31/2022 Item A. City Manager Parker addressed Council stating in June 2016, the city of Wylie entered into an agreement with DART to provide rider assistance at a reduced or no cost rate. The funding for the program came through the Council of Government(COG),Toyota,and the City. The City's portion of the program was$32,000 annually.The DART Board has decided to limit its service to non-service area cities who have a plan to become part of the DART service area through an election to dedicate sales tax. The service will end on September 30, 2022. Staff met with DART representatives to discuss options moving forward. The recommendation was made to request an extension with DART until options can be presented to council on a solution. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to approve Item 8 as presented. A vote was taken and motion passed 7-0. WORK SESSION Mayor Porter reconvened the Council into Work Session at 7:26 p.m. Mayor Porter convened the Council into a break at 7:26 p.m. Mayor Porter reconvened the Council into Work Session at 7:35 p.m. WS1. Provide an overview of the concept creation and implementation of Tax Increment Reinvestment Zones. David Pettit and Natalie Moore,representing David Pettit Economic Development,LLC,addressed Council giving a presentation on Tax Increment Financing (TIF) "Common Approaches for Facilitating TIF Public/Private Investments"including the concept of TIF including Tax Increment Reinvestment Zones (TIRZ),TIRZ Revenues, why create a TIRZ, example of TIF, TIRZ creation process, common questions,public/private partnerships, TIRZ expenditures, Program 380, and process; key stages for facilitating new investment including key stages, project analysis,incentive package, and payment method; case studies; tasks necessary to create a TIRZ; and questions. Council questions included what is the optimum time for setting a TIRZ up, what would be the minimum size of a TIRZ, how are the risk and loss calculated, asked for additional information regarding encouraging the relocation of a targeted business, and would general categories be used or would specific buckets be identified. Mayor Porter convened the Council into a break at 8:29 p.m. Mayor Porter reconvened the Council into Work Session at 8:38 p.m. WS2. Discuss and receive direction on the future operations of the Wylie Recreation Center. Recreation Division Manager Carmen Powlen addressed Council giving a follow up since the March 12 meeting including meeting with the City of McKinney, conducting a market study, reviewing resident unique user subset, breaking out the rentals and activities from the grouping of passes, and preparing the second draft of proposed rec pass fees. Powlen reviewed the resident unique user-registered use-only document with benchmarks and drafted proposed rec fees. Powlen explained that the goal is to move fees to a sustainable long-term plan and some fees, e.g.Adult pass fees,will initially be inconsistent and need time to catch up; even with the irregularities and keeping senior rates flat,the initial proposed recovery rate of 61 percent may be achieved on this plan. Council questions and feedback included what encompasses rentals, who were the major consumers of the Friday Workshops and Health and Fitness classes, the proposed Adult fees do not include a discount for the auto renewal until year two, understand prioritizing auto renew but the one year should not exceed the cost of the auto renew, like the auto renew over yearly contracts,concerns that the adults and families do not have enough increase to offset the cost, what is the recovery rate that staff is looking at, would like to offer autorenewal, offer structured sports league with a more competitive nature, less of a free for all on the court, like that senior citizen rates remain flat, can staff send a copy of the spreadsheet to Council,what does the 2.4 target represent from PROS Consulting,what Page 16 10 05/31/2022 Item A. areas would be used to recoup costs, how many members does the Recreation Center have not including day pass users,balancing classes better, multi-use floor in classrooms in order to be more available, do not like day passes, having a guest pass is ok but not consistent day passes, see the gym floor split with a divider and have a court dedicated to specific sports and a specific age, have great ideas, look at a summer pass option, keep as affordable for residents but remain competitive, and it is overdue for a fee evaluation. Council direction included a 70 percent recovery rate target and to give the City staff the chance to make changes. Citizen Comments Carl Dulac addressed the Council stating the Recreation Centers problem is a marketing issue, and suggested when trash service is set up provide the resident with the Recreation rates, and thanked Council for not choosing the YMCA. Carolyn Dulac addressed the Council stating because of the affordability of the Recreation Center she was able to recover from a serious illness and thanked the Council for keeping the Recreation Center with the City. Darnell Marshall addressed the Council stating the activities that he participates in, expressed gratitude for taking the opportunity to be objective and consider the constituents and membership as it is the heartbeat of the community, and thanked Council for listening to the citizens. WS3. Discuss City of Wylie trash services. City Manager Brent Parker addressed Council stating this work session is to discuss the possibility of bringing solid waste in-house or continue utilizing a vendor as our current solid waste contract ends in 2023. Utility Billing Manager Orie Lealan addressed Council giving a presentation on trash services which included: proposed Utility Division organization chart, area cities with Solid Waste Departments, residential trash user data, rendering of DuraPack with rapid rail arm - 33 yard/14 tons, rendering of Palfinger Epsilon M100L97- 33' of reach, 45-yard body-4 tons,and Vision Software.Finance Director Beard reviewed the projected start-up,recurring,and personnel costs. Council questions and discussion included do other cities split the residential/commercial/recycle duties, would there be any increases with Community Waste Disposal (CWD) in the future, impressive information, would like to see an RFP for solid waste and review references concerning their service, City staff doing the work would care more about the City than a contractor so bringing it in house may be something to look at, what would it look like if the City took the recycling on, would want to know where we think the market will go with CWD and others, concern with the increase in cost, survey customers to see if they are okay with an increase if a better service can be provided, try to determine what the new contract with CWD will be, this is a great starting point, open to the idea of bringing solid waste in house, senior citizen discount a great idea, look at single cart versus additional cart rates, look at recycling, the positive with CWD is they do accept a robust amount of materials and do not want to see the City step backwards with what we accept for recycling, open to both paths but would like to compare, like the idea of having more control over the operation, continue to do both services on the same day if the City does the solid waste and contracts the recycling out, and what will be the availability of equipment and personnel if the City brings it in house. Staff answered questions from Council. Mayor Porter convened the Council into a break at 10:21 p.m. Mayor Porter reconvened the Council into Work Session at 10:29 p.m. WS4. Human Resources Department Presentation. Human Resources Department Director Yanez addressed Council giving a presentation on the Human Resources Department including department responsibilities, Workforce Solutions National Trends, employment data, accidents and injuries, accomplishments for FY 2022, employee engagement, training, medical statistics, current Page 17 11 05/31/2022 Item A. medical enrollment by tier, monthly medical premiums, monthly cost share by tier, annual City cost by tier based on current enrollment, high claims utilization $10,000+, spousal coverage statistics, peer comparison, peer information,and what's ahead. Yanez gave a few options and requested Council direction moving forward. Questions from Council included are we looking at retention programs for high turnover positions,what is the cause for the increases in accidents and injuries, do most employees leave for more money or better benefits, send total pay statements including benefits to employees annually, is the number of accidents and injuries similar to other cities,offer choices for compensation, and what is the reason for the high cost for employee and spousal insurance. Staff answered the questions from Council. Council's direction was to leave spousal coverage as is and make no changes at this time. WS5. Presentation providing an overview of the Smith Public Library Department. Library Director Barrera addressed Council giving a presentation on the Library Department including: how the library is more than a book, statistics from the library,partnerships, and FY21 accomplishments. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 11:22 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 11:22 p.m. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES2. Discuss possible lease of City facilities to the Wylie Historical Society. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter convened the Council into Open Session at 11:35 p.m. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Storm read the captions to Ordinance Nos. 2022-37,2022-38, and 2022-39 into the official record. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Strang, to adjourn the meeting at 11:37 p.m. • A vote was taken and motion passed 7-0. Matthew Porter,Mayor ATTEST: Stephanie Storm,City Secretary Page 18 12 05/31/2022 Item B. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon,Ordinance No.2022-40 of the City of Wylie,Texas granting a franchise agreement to Farmers Electric Cooperative, Inc. Recommendation Motion to approve Item as presented. Discussion The current franchise agreement with Farmers Electric Cooperative, Inc. has expired. The proposed new agreement better defines"Gross Receipts"to include revenue billed but not received. The teltu and payments of the agreement are annual payments equal to four percent(4%) of the annual Gross Receipts, and carry the final payment through May 31, 2042. Both the city's attorney and the attorney for FEC have reviewed the agreement. Financial Summary/Strategic Goals 1 05/31/2022 Item B. ORDINANCE NO. 2022-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, GRANTING TO FARMERS ELECTRIC COOPERATIVE, INC., A TEXAS CORPORATION AND ITS PERMITTED SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHT,PRIVILEGE AND FRANCHISE TO CONDUCT THE BUSINESS OF ACQUIRING,INSTALLING,CONSTRUCTING,MAINTAINING, USING,AND OPERATING AN ELECTRIC POWER UTILITY SYSTEM IN THE CITY OF WYLIE, TEXAS; GRANTING THE RIGHTS TO USE AND OCCUPY PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ELECTRIC POWER UTILITY SYSTEM BY THE AFORESAID ELECTRIC COOPERATIVE; PRESCRIBING THE CONDITIONS, RESTRICTIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING FOR A FEE OR CHARGE TO BE PAID TO THE CITY FOR THE USE THEREOF; PROVIDING THAT SUCH FEE OR CHARGE SHALL BE IN LIEU OF OTHER FEES AND CHARGES; PROVIDING FOR SAVING, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Farmers Electric Cooperative, Inc. ("Cooperative"), is now and has been engaged in the electric power utility business in the State of Texas; and WHEREAS, in furtherance of such business and for many years,the Cooperative has constructed, operated and maintained certain aspects of its electric power utility system within the State of Texas and within the City of Wylie("City"),pursuant to rights granted the Cooperative under the laws and regulations of the State of Texas and other Governmental or Regulatory Authorities(as defined in Article II, Section 4 herein)with the authority to contract with and regulate the Cooperative; and WHEREAS, the Cooperative is using the public rights-of-way within the City for the above- referenced purposes under the terms of franchise Ordinance No. 2022-40, heretofore duly passed by the City Council of the City; and WHEREAS, the City Council has investigated and determined that it will be advantageous and beneficial for the citizens of the City to grant to the Cooperative a non-exclusive right to conduct its electric power utility business in the City pursuant to this Ordinance, which governs the terms and conditions of that business; and WHEREAS, it is to the mutual advantage of both the City and the Cooperative that this Ordinance establish the conditions under which the Cooperative shall operate in the City; and WHEREAS, all required legal notices have been given in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDERED 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. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 1 of 14 2499248 14 05/31/2022 Item B. SECTION 2: Repeal of Ordinance No. 1996-21;Adoption of Exhibit A. Ordinance No. 1996-21 is hereby repealed in its entirety and replaced by this Ordinance, including Exhibit A attached hereto and incorporated herein for all purposes. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance, and the acceptance by the Cooperative as set forth below, at which time Ordinance No. 1996-21 shall be repealed. Such repeal shall not abate or extinguish any obligations that have been incurred but not fulfilled under Ordinance No. 1996-21,including but not limited to the payment of any franchise fees which are due and owing. SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/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. The City Council hereby declares that it would have passed this Ordinance,and each section, subsection,clause or phrase thereof,regardless of whether any one or more sections,subsections,sentences,clauses or phrases is declared unconstitutional and/or invalid. SECTION 4: Acceptance by Franchisee. This Ordinance shall be effective if the Cooperative files its written acceptance, in the form attached as Exhibit B, with the City Secretary, not later than sixty (60) days after the date of the City Council's passage of this Ordinance. A failure to file a fully executed acceptance within the sixty (60) day period shall render the City Council's passage and approval of this Ordinance void without further action. SECTION 5: Effective Date: If the Cooperative accepts this Ordinance, the Ordinance becomes effective as of DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 31st day of May,2022. Matthew Porter,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Dates of Publication: , 2022 in The Wylie News Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 2 of 14 2499248 15 05/31/2022 Item B. EXHIBIT A DEFINITIONS For the purpose of this Ordinance,the following terms,phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context and whenever the sense of the text requires, words used in the present tense include the future,words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and"will" are mandatory and"may"is permissive. 1. "City" shall mean the City of Wylie, Texas. 2. Days means calendar days unless otherwise specified. 3. Electric Power Utility System means all interrelated lines, equipment,poles,installations, systems, fixtures, and other facilities or appurtenances used or necessary for the transmission and distribution of Electric Utility Service in the City by the Cooperative, including but not limited to poles, wires, guy wires, anchors, associated appurtenances, primary cables and conductor, secondary cables and conductor, secondary pedestals, conduits, ducts, vaults and manholes, junction boxes, pad-mounted sectionalizing enclosures, pad-mounted switchgears, transformers, insulators, street lights, metering equipment, communications equipment, and other facilities and equipment related thereto. 4. Electric Utility Service or Electricity means the sale, distribution, conveyance, or other transmission of energy (kWh) and power (kW) and related services within the City by the Cooperative. 5. Force Majeure means delays due to acts of God, civil disturbances, acts of civil or military authority, governmental priorities, strikes or other labor disturbances, epidemics,fire,unavoidable casualty, weather, failure of suppliers, war, riots, and any other cause or occurrences beyond the control of the Cooperative. 6. Governmental or Regulatory Authority means any court, tribunal, arbitrator, authority, agency, commission,official or other instrumentality of the United States,or any state,county,city or other political subdivision. 7. Member means any person, consumer, customer, or entity that has completed membership requirements with the Cooperative and has been accepted by the Cooperative's Board of Directors as a member or that receives Electric Utility Service from the Cooperative. 8. NESC means National Electric Safety Code. 9. "Public Right(s)-of-Way" shall mean City public streets, avenues, alleys, roads, parkways, highways, thoroughfares, public utility easements and other authorized public grounds that allow electric utilities, as they now exist or may be hereafter constructed, opened, laid out or extended within the present corporate limits of the City, or in such territory as may hereafter be annexed to the City. 10. Service Regulations means the service standards of the Cooperative. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 3 of 14 2499248 16 05/31/2022 Item B. ARTICLE I. GRANT OF AUTHORITY SECTION 1: There is hereby granted to the Cooperative, its permitted successors and assigns, the non- exclusive right, privilege and franchise to have, acquire, construct, expand, reconstruct, install, maintain, use,and operate an Electric Power Utility System in the Public Rights-of-Way for the purpose of providing Electric Utility Service to the City and its inhabitants for the considerations, and subject to the conditions, terms, duties, obligations, limitations and regulations, hereinafter prescribed and subject to all lawful statutes, charter provisions, ordinances, rules and regulations applicable to the Cooperative and its operations. In addition,the Cooperative is authorized to lease capacity on its Electric Power Utility System to other service providers. SECTION 2: The Cooperative,its permitted successors and assigns, is hereby granted the non-exclusive rights to use and occupy; and, the non-exclusive rights to place, remove, construct, reconstruct, upgrade, extend,replace,maintain,and operate along, across,on,over,through,above,and under the Public Rights- of-Way,the Cooperative's Electric Power Utility System and to provide Electric Utility Service to end-use customers who purchase and ultimately consume Electricity in the City, said consent being granted for a ter in of twenty(20)years,in accordance with Article V, Section 1 of this Ordinance. SECTION 3: Nothing in this Ordinance shall be construed to require or authorize Cooperative to exceed its certification rights granted by the Public Utility Commission of Texas,except as may be mutually agreed upon by the City and the Cooperative. ARTICLE II. CONSTRUCTION,RETIREMENT,MAINTENANCE AND OPERATION OF ELECTRIC POWER UTILITY SYSTEM SECTION 1: The Electric Power Utility System will be installed pursuant to the Cooperative's standard electric utility construction practices; the NESC; and the rules, regulations and code requirements of a Governmental or Regulatory Authorities with jurisdictional authority. SECTION 2: The Cooperative will maintain all of its Electric Power Utility System in reasonable operating condition and in compliance with all applicable standards and regulations at all times during the continuance of this Ordinance. However, when services furnished by the Cooperative are interrupted, impaired or prevented by Force Majeure, the Cooperative shall use commercially reasonable efforts to restore normal electric utility service as soon as practical. Nothing contained herein shall be construed to require either Cooperative or City to prevent or settle a strike or labor dispute or disturbance against its will. SECTION 3: The Cooperative shall use commercially reasonable efforts to offer line extensions and services to the City and its inhabitants, taking into consideration the circumstances, conditions and costs involved. The City shall not regulate the rates, services, or operations of the Cooperative in violation of applicable law. SECTION 4: In conducting its business and in the acquiring, placing, expanding, installing, using, building, removing, upgrading, extending, constructing, retiring, renewing, replacing, operating or maintaining of the Electric Power Utility System as provided herein,the Cooperative shall comply with all lawful statutes, regulations and requirements of the City or other applicable Governmental or Regulatory Authority. ARTICLE III. CONDITIONS OF RIGHTS-OF-WAY OCCUPANCY SECTION 1: That portion of the surface of any of the Public Rights-of-Way or adjacent property disturbed by the Cooperative, its agents, employees, contractors or representatives in the acquiring, placing, Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 4 of 14 2499248 17 05/31/2022 Item B. expanding, installing, using, building, removing, upgrading, extending, constructing, retiring, renewing, replacing, operating or maintaining the Electric Power Utility System shall be restored as close to the condition in which it was found before such work was undertaken by Cooperative, its agents, employees, contractors or representatives within a commercially reasonable period of time or three (3) months, whichever is sooner, all in accordance with all applicable City regulations and ordinances.The Cooperative shall, except in the case of a bona fide emergency,provide notice to the City Engineer before commencing any excavation in any portion of the Public Rights-of-Way and, in the case of a bona fide emergency, provide notice to the City Engineer of any such excavation as soon as reasonably practicable. The Cooperative shall, in the acquiring, placing, expanding, installing, using, building, removing, upgrading, extending, constructing,retiring, renewing, replacing, operating or maintaining the Electric Power Utility System within the Public Rights-of-Way; minimize interference with traffic,with the flow of water in any gutter or drain, with the operations of any City-owned utility, with any existing electric, water, sewer or telephone facilities,traffic control signals, street lights, fire lines or communications lines; follow all State and City regulations regarding erosion control,and place or cause to be placed appropriate barriers to mark excavations or obstructions, all in accordance with all applicable City regulations and ordinances. The Cooperative, its agents, employees, contractors or representatives working on behalf of the Cooperative shall obtain permits for construction, excavation and/or obstructions in Public Rights-of-Way, as provided in City regulations and ordinances, but shall not be required to pay for such permits. City shall have the right to inspect all construction, reconstruction, installation work and/or any other work performed the Cooperative, its agents, employees, contractors or representatives working on behalf of the Cooperative and to make such tests as it deems necessary to ensure compliance with the terms of this Ordinance, City regulations and ordinances,and any other local, state or federal laws. The Cooperative shall not place any part of the Electric Power Utility System where the same will unduly interfere with any gas, electric, or telephone fixture, water hydrant or main, drainage facility or sanitary sewer, or other utility and all such improvements shall be placed in such manner as not to unreasonably interfere with the usual travel or use of the Public Rights-of-Way. The right to place any part of the Electric Power Utility System under this Ordinance is limited to the Public Rights-of-Way. SECTION 2: In connection with the City's construction,reconstruction, relocation, maintenance,repair, improvement, widening, or altering the grade of any public street, avenue, alley, road,parkway, highway or thoroughfare; or in connection with the City's construction, reconstruction, relocation, maintenance, repair,improvement or removal of any public property,structure or facility;or in connection with any other type of City public improvement project; if ordered by the City for the Cooperative to move, relocate, change, alter or modify any Cooperative Electric Power Utility System located along, across, on, over, through, above or under Public Rights-of-Way, the Cooperative shall comply with such City request. All costs and expenses associated with the aforementioned changes to Electric Power Utility System on Public Rights-of-Way shall be paid for by the Cooperative where the Electric Power Utility System is in conflict, unless such work is for the sole purpose of beautification. The Cooperative and City shall jointly determine whether and the extent to which the Electric Power Utility System are in conflict in reference to electric distribution industry standard safe operating practices for existing facilities. All such removals or relocations shall be performed in accordance with applicable City regulations and ordinances. SECTION 3: The Cooperative shall, at all times, use commercially reasonable methods to provide and supply electric utility service to the City and its inhabitants within the Cooperative's service area, taking into consideration the circumstances, conditions and costs involved. SECTION 4: Nothing contained within this Ordinance shall affect the right of the Cooperative to make claims,including claims for costs or damages,in the event that the City requires or requests the Cooperative to move, relocate, change, alter or modify any of the Electric Power Utility System located in private easements,private rights-of-way or real property owned by the Cooperative. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 5 of 14 2499248 18 05/31/2022 Item B. SECTION 5: In the event the City is considering a relocation, change, alteration or modification of the Electric Power Utility System located in private easements, private rights-of-way or real property owned by the Cooperative, the City shall first provide a description of the Electric Power Utility System, its location and relocation,change,alteration or modification requirements and request an estimate of the costs for the proposed project. The Cooperative shall estimate the reasonable and necessary costs of the proposed project and provide such estimate to the City. If the City requires or requests the Cooperative to relocate, change, alter or modify its Electric Power Utility System, then, to the extent such Electric Power Utility System are located in private easements,private rights-of-way or real property owned by the Cooperative, the City shall remit to the Cooperative payment in full for the Cooperative's reasonable and necessary cost estimate within thirty(30)days of the receipt of the Cooperative's invoice. The City hereby agrees that the Cooperative has no obligation to perform until the City's payment has been received by the Cooperative. SECTION 6: In connection herewith, if any of the aforementioned relocations, changes, alterations or modifications to the Electric Power Utility System is eligible for reimbursement, as permitted and to the extent allowed by law, pursuant to any reimbursement programs of any Governmental or Regulatory Authority, and such reimbursement is required to be handled through City, the Cooperative's costs and expenses incurred by the Cooperative to which it is properly and legally entitled for the completion of said projects shall be included in any application by City for reimbursement if the Cooperative submits its cost and expense documentation to City prior to the filing of the application. The City shall provide notice to the Cooperative of the deadline for the Cooperative to submit documentation of the costs and expenses of such relocation to City in order for City to be able to submit its application for reimbursement to such program in a timely manner. SECTION 7: The Cooperative, its permitted successors and assigns, is hereby granted the right, license, privilege and permission needed to reasonably manage vegetation,including but not limited to trimming or cutting trees or using any other commercially and lawfully acceptable method, such as herbicide, so as to prevent the vegetation from coming in contact with the wires or cables of the Cooperative's Electric Power Utility System and to keep the Rights of Way, easements, and other public grounds and places clear and accessible for operations,maintenance, and repair of the Cooperative's Electric Power Utility System. The Cooperative shall trim only so much of such vegetation as is reasonable and necessary to prevent contact with the Electric Power Utility System and to keep the Rights of Way, easements,and other public grounds and places clear and accessible for operations,maintenance,and repair of the Cooperative's Electric Power Utility System. All tree trimming shall be performed in accordance with the standards promulgated by the National Arborist Association and the International Society of Arboriculture. The Cooperative shall be responsible for trimming any tree that contacts the Electric Power Utility System at the request of the City Manager or his/her designated representative,and the City shall have the right to supervise any such request. If a dispute arises between the Cooperative and any property owner regarding vegetation management or tree trimming as described herein, the Cooperative shall immediately cease all work and the Cooperative and the City shall mutually determine a reasonable solution to said conflict. SECTION 8: The Cooperative, upon the written request of any person or entity, shall remove, raise or lower its wires temporarily to permit the moving of houses, buildings, or other bulky structures provided that the person or entity requesting this service has either a building moving permit issued by the City or some other showing of authorization that is recognized by the City as being an appropriate and authoritative document. The expense and cost of such temporary removal, raising or lowering wires shall be paid by requesting party or parties.The Cooperative may require such payment in advance and is without obligation to perform until such payment shall have been made by the requesting party or parties and is received by the Cooperative. The Cooperative shall be given not less than fifteen (15) business days' advance written notice to arrange for such temporary wire changes and cable adjustments. The clearance of wires above ground,subsequent to the move,shall conform to the basic standards of the National Electrical Safety Code, in effect at the time of original installation and any other lawful regulations controlling such installations. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 6 of 14 2499248 19 05/31/2022 Item B. SECTION 9: Nothing contained in this Ordinance shall be interpreted or construed to require the Cooperative to accept, or to permit, or to allow the City, other utility companies, or any other third party, to place or install attachments for their own benefit and use, into or on the Electric Power Utility System. An additional, separate, non-contingent written agreement between the Cooperative and the entity requesting such use shall be prerequisite to the installation of any such attachments or such use of the Electric Power Utility System by the City. The aforementioned separate, non-contingent agreements, do not,are not,and shall not,by any way or means,be considered,construed or interpreted to be an addendum, amendment or other type of modification to the terms and conditions contained in this Ordinance. SECTION 10: The franchise granted herein is not exclusive, and nothing herein shall be construed so as to prevent the City from granting other like or similar rights,privileges and franchises to any other person, firm, or corporation. ARTICLE IV. INDEMNIFICATION AND LIABILITY FOR DAMAGES SECTION 1: Without waiving any immunity or limitation of liability, the Cooperative shall defend, indemnify and hold harmless the City,its officials,agents and employees from and against all claims,costs, lawsuits, expenses and damages to persons or property that arise out of or occasioned by the intentional and/or negligent acts or omissions of the Cooperative or any of its officials, agents, employees and contractors in connection with the acquiring, placing, expanding, installing, using, building, removing, upgrading, extending, constructing, retiring, renewing,replacing, operating or maintaining of the Electric Power Utility System in the Public Rights-of-Way, provided however that the indemnity provided by this Article IV, Section 1 shall not apply to claims, costs, lawsuits, expenses and damages caused in whole or in any part by the intentional and/or negligent acts or gross negligence or omissions of the City,its officials, agents or employees, and further provided that the City provides the Cooperative with reasonably prompt notice of any such claims, costs, lawsuits, expenses and damages brought against the City. In the event of joint and concurrent negligence or fault of both the Cooperative and the City, responsibility, if any, shall be apportioned comparatively between the City and the Cooperative in accordance with the laws of the state of Texas without,however,waiving any governmental immunity available to the City under Texas law and without waiving any of the defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or fault of both the Cooperative and the City, responsibility for all costs of defense shall be apportioned between the City and the Cooperative based upon the comparative fault of each. In fulfilling its obligation to defend and indemnify the City, the Cooperative shall have the right to select defense counsel, subject to City's approval, which will not be unreasonably withheld. The Cooperative shall retain defense counsel within seven(7)business days of City's written notice that City is invoking its right to defense and indemnification under this Ordinance. If the Cooperative fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and the Cooperative shall be liable for all reasonable defense costs incurred by City. SECTION 2: The Cooperative will maintain an appropriate level of insurance and/or self-insurance in consideration of the Cooperative's obligations and risks undertaken pursuant to this Ordinance. To the extent the Cooperative's insurance of its obligations and risks undertaken pursuant to this Ordinance is in the form of self-insurance then such self-insurance must be permitted by applicable law and be administered by the Cooperative under a plan of self-insurance maintained in accordance with sound accounting and risk-management practices. The Cooperative shall furnish the City with a letter evidencing such self- insurance signed by an authorized representative of the Cooperative. The Cooperative will furnish a new insurance certificate should there be any material reduction in the Cooperative's insurance coverage. The Cooperative shall require its self-insurance to respond to the same extent as if an insurance policy had been purchased naming the City as an additional insured,and any excess coverage purchased for the sole purpose of insuring the Cooperative's obligations pursuant to this agreement will name the City as an additional insured up to the amounts required by the City's regulations and ordinances. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 7 of 14 2499248 20 05/31/2022 Item B. SECTION 3: The aforementioned indemnity provisions are not intended to, and shall not, create or allow any claim, cause of action,liability or other rights and remedies for the benefit of any third parties,but are solely and only for the benefit of the Cooperative and the City. ARTICLE V. TERM AND PAYMENT TO THE CITY SECTION 1: This Ordinance shall be in full force and effect for the period beginning with the Effective Date herein and ending twenty(20)years after such date. SECTION 2: To compensate the City for use of the Public Rights-of-Way authorized hereby, the Cooperative agrees to pay to the City annually a sum of money equal to four percent(4%) of the annual Gross Receipts for the preceding calendar year, or portion thereof, received by the Cooperative from the sales of all Electric Utility Service provided by the Cooperative within the City(the"Fee").For the purposes of this Section 2, "Gross Receipts" shall mean all amounts classified as electric service revenues collected by the Cooperative from the Cooperative's Members for the provision of Electric Utility Service received by the Cooperative's Members at a location within the City, including revenue billed but not received, contributions in aid of construction rental and fees paid by third parties for joint use attachments to or other use of the Electric Power Utility System. The term Gross Receipts shall exclude, but not limited to, the following:reimbursements for damage to the Electric Power Utility System;reimbursements for relocation cost of moving the Electric Power Utility System; advances in aid of construction; line extension charges in the form of one-time payments or monthly facilities charges;taxes;revenues from materials or equipment sales; principal and interest payments on amounts loaned by the Cooperative; membership fees; deposits; revenues and receipts received from electric utilities for the use of Cooperative transmission lines,Electric Power Utility System, and wholesale distribution sales; rental or fees paid by third parties for joint use attachments to or other use of the Electric Power Utility System; other miscellaneous non-operating revenues and receipts not directly related to the provision of Electric Power Service(i.e.interest income on Cooperative bank accounts); or any receipts required to be remitted by the Cooperative to third parties. Further,the parties agree as follows: A. Payments for each calendar year shall be made on or before March 15 of the year immediately following. B. The City agrees that the consideration as set forth in the preceding paragraphs shall be paid and received in lieu of any other tax, license, charge, fee, rental, expense, or any other character of charge for use and occupancy of the Public Rights-of-Way in the City. This consideration is in lieu of,but not limited to,any pole tax,inspection fee tax or other form of tax,inspection or other fees, any lawful permit or other fees and any easement or franchise tax whether levied as an ad valorem, general, special or other character of tax. However,this consideration(i) shall not be in lieu of any imposition expressly provided for herein, (ii) shall not be in lieu of the usual, general ad valorem or special assessments to abutting land owners on property now or hereinafter levied, whether on real or personal property, owned or used by the Cooperative, situated within the jurisdiction of any Governmental or Regulatory Authority authorized to impose and collect such usual, general ad valorem or special assessment to abutting landowners taxes, and (iii) shall not be in lieu of any other ordinary and necessary trade obligation of the Cooperative to make payments or reimbursements to the City for materials or services rendered as provided or required by applicable law. C. The Cooperative is expressly authorized by the City to surcharge each Cooperative Member within the City the full amount of the Fee attributable to that Member. The Cooperative's obligation to Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 8 of 14 2499248 21 05/31/2022 Item B. pay the Fee shall extend for so long as, but no longer than and only to the extent that, the Cooperative may lawfully surcharge the Fee to Cooperative customers within the City. D. With each payment of the Fee as required herein,the Cooperative shall furnish to City a statement, executed by an authorized officer of the Cooperative, or his or her designee, certifying the total amount of Gross Revenues received, as defined herein,by the Cooperative for the payment period as being true and correct. E. Interest on late payments shall be calculated in accordance with the interest rate for customer deposits established by the Public Utility Commission in accordance with § 183.003, TEX. UTIL. CODE, as amended, for the time period involved. If the requirement that interest be paid on customer deposits be removed from State law, then the interest rate shall be annual interest identified as the"US Prime Rate"in the Money Rates column published each day in the Wall Street Journal, as amended, and sometimes defined generally therein as the"base rate on corporate loans posted by at least seventy percent(70%) of the nation's ten(10)largest banks." If the Wall Street Journal should cease publishing such rate, then the interest rate shall be based on another similar source that identifies the interest rate on corporate loans at large U.S. money center commercial banks. SECTION 3: In no event shall the Cooperative be obligated to pay a total Fee in excess of four percent (4%)in the aggregate by reason of more than one entity having jurisdiction over all or any part of the City. Should the Cooperative be required,at any time,to pay a Fee or other fee or tax to any entity other than the City, for the use and occupancy of all or any part of the Public Rights-of-Way of said City, the amount of the Fee herein payable to the City shall be reduced dollar for dollar by the amount of all fees, taxes and charges paid to such other entities. By way of example, should the Cooperative be required to pay 1% of its Gross Receipts to another entity as an additional Fee,the Fee to the City would be reduced to 3% of the Gross Receipts. ARTICLE VI. RECORDS,REPORTS AND AREA OF CITY AFFECTED SECTION 1: The Cooperative shall keep complete and accurate books of account and records of its business and operations from which the Gross Receipts and the Fee liability may be determined. If reasonably requested and to the extent available, copies of relevant portions of such books of account and records shall be made available to the City. The obligations in this article shall survive the termination, rescission or expiration of this Ordinance. SECTION 2: Upon receiving reasonable advance notice, the City, its officials, or authorized personnel and agents shall have access to all books of account and records of the Cooperative relating to this Ordinance, as reasonably needed, to determine the accuracy of the Cooperative's calculation of the Gross Receipts and the Fee. Such information shall be considered confidential or proprietary matters disclosed to the City and shall be held in confidence by the City being disclosed only with the prior written consent of the Cooperative or as otherwise required by applicable law,including but not limited to the Texas Public Information Act and the Texas Open Meetings Act. SECTION 3: The Cooperative shall provide to the City an accurate map setting forth the Cooperative's Electric Power Utility System located within the City,which map shall be corrected,brought up to date and provided to City within 60 days of the date requested by City. SECTION 4: This Ordinance shall extend to any and all territory within the incorporated limits of the City served by the Cooperative,and to that which may be annexed by the City during the term of this Ordinance. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 9 of 14 2499248 22 05/31/2022 Item B. In the event of deannexation by the City this Ordinance shall be reduced to the remaining territory used by the Cooperative that continues to be within the City. SECTION 5: Upon receiving notice and verification from the State of Texas of the City's annexation or deannexation,the Cooperative shall identify all customers located within such annexed or deannexed area and adjust its maps and accounting records accordingly. Cooperative shall have one hundred eighty(180) days from such notice to begin collecting and paying the Fee for any revenues received from the Cooperative's Members or Members residing in the newly annexed territories. SECTION 6: If Cooperative provides confidential or proprietary information to the City, Cooperative shall be solely responsible for identifying such information with markings calculated to bring the City's attention to the proprietary or confidential nature of the information. City agrees to maintain the confidentiality of any non-public information obtained from Cooperative so designated to the extent allowed by law. City shall not be liable to Cooperative for the release of any information City is required to release by law. If City receives a request under the Texas Public Information Act that includes Cooperative's document(s) of a proprietary or confidential nature, City will request an opinion from the Texas Attorney General as to the confidential or the proprietary nature of the document(s). City also will provide Cooperative with a copy of this request, and thereafter Cooperative is responsible for establishing that an exception under the Texas Public Information Act allows City to withhold the information. ARTICLE VII. SAVING,REPEALING AND SEVERABILITY SECTION 1: The Cooperative shall not be declared in default or be subject to any sanction under any provision of this Ordinance in those cases in which performance of such provision is prevented by Force Majeure or other causes and occurrences beyond the reasonable control of the Cooperative. SECTION 2: The Cooperative shall not be in default under this Ordinance until written notice of any alleged failure to perform has been given. After written notice to the Cooperative, the Cooperative shall have an opportunity to be heard,and thereafter,a period of not less than sixty(60)days for the Cooperative to cure the default. If the Cooperative fails to cure such default upon expiration of the sixty (60) days, or if such default cannot reasonably be cured within sixty(60)days,and if the Cooperative fails to commence to cure the default within such sixty(60) days,the City may pursue remedies pursuant to provisions herein or applicable law. The City shall not rescind this Ordinance unless the Cooperative has failed to cure a default after being given notice and an opportunity to cure in accordance with the Section. SECTION 3: Headings,titles and subtitles contained in the body of this Ordinance are for the convenience of the parties and, as such, are not intended to be used in construing or interpreting this Ordinance. SECTION 4: If the City should consider teiininating this Ordinance and the rights,privileges and franchise granted herein, the City shall notify the Cooperative, in writing, as soon as reasonably possible,but in no case less than sixty (60) business days in advance of the City Council meeting at which the question of forfeiture or termination shall be considered. The City recognizes the Cooperative's right and obligation to provide electric utility service in accordance with the Cooperative's Certificate of Convenience and Necessity issued and authorized by the Public Utility Commission of Texas in accordance with the Texas Utilities Code and, as such, said termination shall not affect the Cooperative's statutory obligation to provide electric utility service within the City. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 10 of 14 2499248 23 05/31/2022 Item B. ARTICLE VIII. RESERVATION OF REGULATORY POWERS; RESERVATION OF LEGAL RIGHTS SECTION 1: The City, by the granting of this franchise, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in the City under the Constitution and Statutes of the State of Texas and the United States of America and the City Charter; and the Cooperative,by its acceptance of this franchise, agrees that all such lawful regulatory power and rights as the same may be vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. SECTION 2: The Cooperative by accepting this franchise does not surrender or to any extent lose,waive, impair or lessen the lawful powers and rights now or hereafter vested in the Cooperative under the Constitution and the Statutes of the State of Texas and the United States of America and/or the Governmental or Regulatory Authorities having jurisdiction over the Cooperative's operation, provision and termination of electric power service, which may, from time to time, supersede the powers vested in the City. SECTION 3: Nothing contained in this Ordinance shall limit or interfere with any power conferred upon the Public Utility Commission of Texas, or its successor entities, or any rights conferred, by the Public Utility Commission of Texas or other Regulatory Authority having jurisdiction, upon the Cooperative's acquiring, installing, maintaining and operating of an electric power utility business and system, which is contained within the City. The City hereby expressly reserves the right to grant,at any time,like rights and franchises as it may see fit to any other person or entity for the purpose of furnishing utility services to and for the City and the inhabitants thereof. ARTICLE IX. GOVERNING LAW,LIMITATIONS AND COMPLIANCE SECTION 1: This Ordinance shall supersede any and all other ordinances or franchises granted by the City to the Cooperative,its predecessors and assigns for the delivery of Electric Utility Services. All other said City ordinances between the City and Cooperative relating to the subject matter contained herein are hereby repealed. SECTION 2: This franchise is subject to the provisions of the Constitution and laws of the United States of America and the State of Texas and the ordinances and City Charter of the City of Wylie. The exclusive venue for all causes of action arising out of or relating to this Ordinance shall be the District Courts of Collin County, Texas. ARTICLE X. MISCELLANEOUS SECTION 1: Any notice provided for under the terms of this Ordinance by either the City or the Cooperative to the other shall be in writing and delivered personally or transmitted (i) by registered or certified mail, return receipt requested, postage prepaid or (ii) by means of a prepaid overnight delivery service or (iii) by facsimile or email transmission provided that it is followed by a hard copy of the same delivered by the United States Postal Service or by overnight delivery service as just described. Notices shall be deemed received; (i) upon receipt in the case of personal delivery; (ii) when the return receipt requested is dated and signed by the receiving party in the case of United States Postal Service delivery; or (iii)the next day in the case of facsimile or overnight delivery. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Ordinance. Said notice shall be provided within ninety (90) days of the date of such change of address. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 11 of 14 2499248 24 05/31/2022 Item B. The City and the Cooperative agree that all notices or communications to the other party permitted or required under this Ordinance shall be delivered as follows. To the City at the following address: City of Wylie Attn: City Manager Wylie Municipal Complex 300 Country Club Road, Building 100, 1st Floor Wylie, Texas 75098 Fax: And to the Cooperative at the following address: Farmers Electric Cooperative,Inc. Attn: Legal 2000 Interstate Highway 30 East Greenville,Texas 75402-9084 Fax: (903)453-0787 SECTION 2: This Ordinance contains the entire understanding between the City and the Cooperative with respect to the subject matter herein. There are no representations, agreements, or understandings(whether oral or written)between or among the parties with respect to the subject matter of this Ordinance that are not fully expressed herein. SECTION 3: The rights granted by this Ordinance inure to the benefit of the Cooperative, and any parent, subsidiary, affiliate, or permitted successor entity now or hereafter existing. The rights shall not be assignable without the express written consent of the City Council of the City, except the Cooperative may assign its rights under this Ordinance to a parent, subsidiary, affiliate, or successor entity without such consent, so long as (i) such parent, subsidiary, affiliate, or successor assumes all obligations of the Cooperative hereunder, (ii) is bound to the same extent as the Cooperative hereunder, and (iii) has net capital and liquid assets reasonably equivalent to the Cooperative's as of the month immediately preceding the assignment or there are provided other guarantees or assurances of the authorized assignee's financial ability to perform all obligations of the Cooperative hereunder found to be reasonably acceptable to the City. Any required consent is to be evidenced by an ordinance of the City Council of the City that fully recites the terms and conditions, if any,upon which consent is given. The Cooperative shall give the City written notice within sixty (60) calendar days of such assignment to a parent, subsidiary, affiliate, or successor entity. This Ordinance is binding upon the successors and assigns of the parties hereto. SECTION 4: The provisions of this Ordinance may not be amended or changed, except pursuant to a written instrument signed by both parties. If the City and the Cooperative agree to amend or change a provision of this Ordinance, the change shall become effective upon (i) passage of an ordinance, in accordance with the City Charter by the City,fully reciting the amendment or change along with the section of this Ordinance being amended or changed and(ii) acceptance of the ordinance by the Cooperative. SECTION 5: The rights and remedies of the City and the Cooperative set forth in this Ordinance shall be in addition to, and not in limitation of, any other rights and remedies provided by law or equity. The City and the Cooperative understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by the City or the Cooperative of any one or more of such remedies shall not preclude the exercise by the City or the Cooperative, at the same time or different times, of any other Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 12 of 14 2499248 25 05/31/2022 Item B. such remedies. The waiver by either party of any breach or violation of any provision of this Ordinance shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Ordinance. SECTION 6: The City Secretary is hereby authorized and directed to make appropriate endorsements over his/her official hand and seal of the City, and attach such endorsements for recording at the conclusion of this Ordinance. The City Secretary shall record the date upon which this Ordinance shall take effect. SECTION 7: A caption and summary of this Ordinance shall be published in accordance with applicable law as well as provide for the Effective Date being thirty(30)days after final adoption by the City Council. SECTION 8: Each of the parties represent and warrant that at the time of execution of this Ordinance or its acceptance it has the full right,power,legal capacity,and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party. Each signatory represents this Ordinance has been read by the party for which this Ordinance or its acceptance is executed and that such party has had an opportunity to confer with its counsel. SECTION 9: The parties agree that City has not waived its governmental or sovereign immunity by entering into and performing its obligations under this Ordinance. Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 13 of 14 2499248 26 05/31/2022 Item B. EXHIBIT B ACCEPTANCE BY FRANCHISEE FRANCHISEE, Farriers Electric Cooperative, Inc. hereby accepts City of Wylie Ordinance No. 2022-40(a copy of which is attached hereto). The person whose signature is below is authorized to sign and bind Farmers Electric Cooperative, Inc. to the terms of this acceptance. ACCEPTED this day of , 202_. Farmers Electric Cooperative, Inc. By: (Signature) Its: (Title) Street Address: 2000 Interstate Highway 30 East Greenville, Texas 75402-9084 THE STATE OF TEXAS § COUNTY OF HUNT § BEFORE ME, the undersigned authority, on this day appeared, MARK STUBBS, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledges to me he is the duly authorized representative for the Farmers Electric Cooperative, Inc., a Texas corporation, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2022. Notary Public Signature My Commission Expires: Ordinance No. 2022-40-Granting Franchise to Farmers Electric Cooperative,Inc. Page 14 of 14 2499248 27 05/31/2022 Item C. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2022-16(R), ratifying Renae 011ie as Acting City Manager in the absence of Brent 'arker, City Manager. Recommendation Motion to approve Item as presented. Discussion Article IV, Section l.D. of the Wylie City Charter requires the City Manager,within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in his absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Renae 011ie has been designated by Brent Parker to function in this capacity, in the event of his absence or disability. A letter is on file from City Manager Brent Parker, effective May 31, 2022, designating the current Deputy City Manager, Renae 011ie. Financial Summary/Strategic Goals Community Focused Government 28 05/31/2022 Item C. RESOLUTION NO. 2022-16(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RATIFYING RENAE OLLIE AS ACTING CITY MANAGER IN THE EVENT OF THE ABSENCE OF BRENT PARKER, CITY MANAGER. WHEREAS,Article IV, Section 1(D),of the Wylie City Charter requires the City Manager,within 30 days of taking office,to designate a staff member to serve as the Acting City Manager in their absence, and; WHEREAS, Brent Parker has filed with the City Secretary a letter designating Renae 011ie as Acting City Manager in the event of his absence or disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Renae 011ie is hereby ratified as Acting City Manager in the absence or disability of Brent Parker. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 31st day of May 2022. Matthew Porter,Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2022-16(R)Ratifying Renae 011ie as acting City Manager Page 1 of 1 29 05/31/2022 Item C. Our Mission... CITY F• ...to be responsible stewards of the public trust, to strive for excellence in public service and to Enhance the quality of life for all. May 30,2022 Stephanie Storm City Secretary City of Wylie Stephanie, Per Article IV, Section 1 (D)of the City Charter,the City Manager is required to designate an alternate within 30 days after taking office by filing a letter with the City Secretary. The designated alternate will be considered for ratification by the City Council during the May 31,2022 meeting. In the event of my absence or disability,I am designating Renae' 011ie as Acting City Manager J. Brent Parker City Manager City of Wylie City Manager's Office • 300 Country Club Road • Wylie,Texas 75098 • 972.516.6000 • WylieTexas.gov 30 05/31/2022 Item D. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon,Ordinance No.2022-41 amending Wylie's Code of Ordinances,Ordinance No.2021-17, as amended, Chapter 78 (Parks and Recreation), Article IX (Cemeteries),to create Division 3 - Cemetery Operations. Recommendation Motion to approve Item as presented. Discussion The Cemetery Advisory Board was established by the adoption of Ordinance No. 2021-21, on April 13, 2021 by the Wylie City Council. Wylie's Code of Ordinances, Chapter 78, Section 78-359. -Powers and Duties,gives the Board the power to develop for City Council approval,a set of bylaws governing rules of procedure for the Board's meetings and operation. Staff conducted research of various municipally owned cemeteries as well as reviewing the Local Government Code and the Health and Safety Code as it pertains to cemetery operations. Staff held several work sessions with the Board to discuss the operations of the cemeteries. The Cemetery Advisory Board has reviewed and voted to direct staff to present the subject Rules of Operation for approval by the City Council. Financial Summary/Strategic Goals Health, Safety and Well-Being, Infrastructure 31 05/31/2022 Item D. ORDINANCE NO. 2022-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS AMENDED, CHAPTER 78 (PARKS AND RECREATION), ARTICLE IX (CEMETERIES); CREATING DIVISION 3, CEMETERY OPERATIONS AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, cemeteries are among the most valuable historic and cultural heritage resources; WHEREAS,Article XI,Section 18 of the Home Rule Charter of the City of Wylie,Texas("Wylie" or "City") and state law authorize Wylie to acquire, establish and own all property that may be useful or necessary for establishing, maintaining and operating one or more cemeteries; and WHEREAS, Chapter 78,Article IX,Division 2,prescribes the power and duties of the Cemetery Advisory Board; and WHEREAS, Section 78-359 Powers and Duties gives the Cemetery Advisory Board the power to establish rules of procedure for Board's operations; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to amend Chapter 78 (Parks and Recreation) of the City's Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"), as set forth below, to promote public health, safety and welfare through establishing rules of operation for municipally owned cemeteries. 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: That Chapter 78 of the Code of Ordinances,City of Wylie,Texas,is hereby amended by adding Division 3. -Cemetery Operations,which shall read as follows: ....: "CHAPTER 78—PARKS AND RECREATION ARTICLE IX CEMETERIES DIVISION 3.-CEMETERY OPERATIONS Sec. 78-370. General. (a) The City of Wylie Cemetery ("cemetery") is set apart for the burial of human remains subject to the rules established in this chapter, the Code of the City of Wylie and any applicable ordinances, state or federal laws. (b) Burial spaces in the cemetery shall be conveyed to a purchaser by a certificate of ownership for the purpose of burial only. The rights of the purchaser are subject to such rules and ordinances as may be enacted or amended from time to time by the city council. Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 1 of 6 32 05/31/2022 Item D. (c) The rules and regulations contained herein are designed to protect the rights of all cemetery space owners. The rules as adopted have been determined to be reasonably necessary and incidental to achieve the objectives. (d) The four cemeteries under ownership and maintenance of the city consists of approximately 9 acres: (1) Kreymer Cemetery COL-C145, located within a designated park property on the west side of Kings Ct.,Avalon Addition Phase II,Blk J, Lot 7, 1.996 acres; (2) Hughes Cemetery COL-0034, ABS A0688 F De La Pina Survey, Sheet 4, Tract 109, 2.0 Acres; (3) Wylie Cemetery#99 COL-0011 Railroad,Blk 24,Lot Blk 24 2-6 Blk 25 1-4 Blk 26 1-4 Blk 27 1-5 & 13, 3.00 Acres; (4) Wylie Cemetery#99 COL-001 LABS A0688 F De La Pina Survey, Sheet 4,Tract 101, 2.2985 Acres. (e) Sale by the city of cemetery spaces shall be limited to the new addition as spaces in the original section of the cemetery have been previously sold. Sec. 78-371. Cemetery care. (a) The city shall provide for the continuing care,maintenance,operation, and improvements to the cemetery. In general, this shall include: maintenance of fences and walls, road maintenance, mowing, edging, pruning, landscape construction or removal of plant material, policing of the grounds, pest control, and such other maintenance as may be necessary to keep the cemetery presentable at all times. (b) Cemetery care does not include the purchase, erection, repair, or replacement of monuments,headstones,markers, or any other item on a space. Sec. 78-372. Hours of operation. The cemetery shall be open every day from sunrise to sunset. Sec. 78-373. Purchase options. (a) Standard cemetery space: Wylie Cemetery: Old section (Lot of 12)-30'x20' First new section-4'x10' Newest section-6'x12' Kreymer Cemetery: Old section (Lot of 6)-12'x24' New section-4'x12' (b) A Baby Land Cemetery space is three feet by five feet(3'x 5'). (c) Purchase price of all cemetery spaces shall be established by ordinance and amended as necessary. (d) Interment: Only one casket will be permitted in each grave.In the event cremation is utilized, a maximum of four(4)interments will be permitted in one (1) space. Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 2 of 6 33 05/31/2022 Item D. Sec. 78-374. Resale options. The sale, transfer, or assignment of any cemetery space by any owner or purchaser shall not be binding upon the city until it has been approved by the city manager or their designee. Resale pricing of burial spaces shall not exceed the current sale price of a city burial space.Upon said approval,burial rights to the cemetery space shall be conveyed by the city through the issuance of a new certificate to the new owner or purchaser upon payment of all fees, as established by ordinance and amended as necessary. Sec. 78-375. Cemetery records. Records giving full data on all interments shall be kept in the Wylie Parks and Recreation Department files,and shall be made available to the public.The data is to include the section,lot,and space along with the name, age, and date of interment for each grave space occupant. Sec. 78-376. Cemetery sexton. (a) The city manager or their designee shall serve as the cemetery sexton,who has the necessary authority to execute orders and to put into effect the rules and regulations prescribed by this chapter. (b) The cemetery sexton shall have the same powers, duties, and immunities granted by law to a police officer for the city. He/she shall maintain order and enforce the cemetery rules and regulations, federal law, state law, and municipal ordinances in the cemetery, and as near to the cemetery as necessary to protect cemetery property. (c) The cemetery sexton shall have such other duties and responsibilities as may be assigned by the city manager. Sec. 78-377. Copies of chapter furnished to interested persons. The cemetery sexton shall furnish a copy of this chapter to each person proposing to purchase a space in the cemetery. Each funeral director having charge of burials in the cemetery, and each person selling monuments, markers, or other improvements for spaces or lots in the cemetery, shall advise interested persons of the provisions of this chapter and shall see that they receive copies of this chapter. Sec. 78-378. Requirements for grave markers and monuments. (a) All monuments are subject to the provisions of this chapter and specifications prepared by and kept for record in the Wylie Parks and Recreation Department. However,all monuments in the new section of the cemetery will be flush to the ground except for the family lot upright markers. (b) Monument dealers must notify the cemetery sexton of their intention of erecting a monument, and obtain a permit upon payment of all fees as established by ordinance and amended as necessary, before proceeding with the work. The site and excavation must be approved by the cemetery sexton so that it will not interfere with the placement of a monument on an adjoining lot. Also, allowance must be made for the future filling-in of the space to the prescribed level of cemetery spaces already established. (c) The cemetery sexton shall have the right to inspect all memorials before the same are placed on the foundations thereof. He/she may refuse the placing of any memorial on such a foundation if he/she finds that such memorial is not in compliance with any of the provisions of this chapter,or that the workmanship has not been done in a skillful,workmanlike manner, or that the foundation is not adequate to sustain the weight of the memorial. Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 3 of 6 34 05/31/2022 Item D. (d) The cemetery sexton reserves the right to prohibit the erection of any vault, monument, or marker that may be considered inappropriate. (e) No monument will be allowed on any cemetery space until the burial right for the space is paid in full. (f) All monuments must be fabricated of bronze, granite,marble or stone of approved quality. (g) All foot markers shall be placed at or below ground level. (h) All grave mounds shall be low, oval shaped, not exceeding twelve (12) inches in height in the center, and sloping to the edges so as to permit a mowing machine to easily pass over. (i) Permanent bronze,granite,or marble vases and/or urns may be placed on the monument base or die,but not on the ground. Chairs,benches, or settees are prohibited. (j) Permanent bronze, granite or marble vases and/or urns may be placed upon cemetery spaces provided they are attached to the sides and/or tops of permanent markers. (k) Funds will be allocated for grave leveling, and a provision of a small semi-permanent grave marker that notes the name, birth date, and death date on which for any plots whose family has chosen or is unable to purchase a peiuianent grave marker. Sec. 78-379. Burial rights. The cemetery sexton is authorized to execute, on behalf of the city, documents transferring burial rights in the cemetery, conveying to purchasers the right of sepulcher with the restrictions and covenants established by the Wylie City Council. Burial rights are issued for the use of the family of the purchaser and not for resale or speculation. The cemetery sexton may sell the rights only to individuals and not businesses or business entities. The intent of this restriction is to prevent the reselling of burial rights as a business.Transfer of a burial right from the family of the purchaser is restricted to sales to individuals and not corporations or business entities at a price not to exceed the current city burial space sale price. The cemetery sexton is authorized to purchase burial rights related to vacant cemetery spaces at the current price as set forth by the city for such a right. Sec. 78-380. Cemetery responsibility. The cemetery shall take reasonable care to protect the burial rights of cemetery space owners,but disclaims all responsibility for loss or damage caused by action of thieves,vandals,or other causes beyond its control. Sec. 78-381. Placement of objects in the cemetery. (a) No objects of any kind may be placed on graves or other cemetery property except as specifically provided herein. No advertising of any sort shall be permitted within the cemetery including the posting of signs advertising the proposed sale of private burial spaces. (b) Fresh flowers,artificial flowers,or floral pieces placed at the gravesite at any time,or funeral designs placed at the gravesite at interment,will be removed when unsightly or wilted but in no event longer than fourteen (14) days after placement. Items desired to be retained by the family and/or visitors must be removed within seventy-two (72)hours after being placed on the gravesite. No more than one individual container of fresh or artificial flowers may be placed or affixed on each space provided that: (1) Affixed flowers may be placed in containers approved by the cemetery sexton and consisting of bronze, granite or marble. Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 4 of 6 35 05/31/2022 Item D. (2) All flowers must be placed on or immediately next to the monument, or if there is no monument, at the head of the grave. (c) No planting of any kind shall be permitted within the new section of the cemetery. (d) All other planting must be done under the supervision and consent of the cemetery sexton. (e) The City of Wylie is not responsible for the loss of shrubs or plants whether planted by city crews or by direction of the owner of any space in the cemetery. (f) The City of Wylie is not responsible for any funeral design, floral piece, vegetation or other article or thing placed on any space or grave in the cemetery. (g) The City of Wylie reserves the right to trim,prune or remove any shrub and/or plant whenever necessary or advisable. (h) The City of Wylie may plant trees or shrubs on lot boundary lines. (i) The City of Wylie is exempt from the requirements of this section. Sec. 78-382. Construction prohibited. No construction of any nature or kind, such as curbing, fencing, coping,trellises, or enclosure of any kind,whether of vegetation or construction, around any cemetery space or lot, shall be permitted. Sec. 78-383. Payment prerequisite to use. No interment shall be permitted in any cemetery space until the purchase price of such space, and any other charges or fees associated with the cemetery space,have been paid in full. Sec. 78-384. Interment. An application for burial designating the location for burial, establishing ownership, or right to use the designated space,and establishing the authority of the person to control the burial on behalf of the deceased must be filed with the cemetery sexton, and a written permit issued prior to any interment upon payment of all fees as established by ordinance and amended as necessary." SECTION 3: Savings/Repealing Clause. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 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. The City Council 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: Effective Date. This Ordinance shall become effective immediately upon its adoption. Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 5 of 6 36 05/31/2022 Item D. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 31st day of May, 2022. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2022-41 -Creating Rules of Procedure for Cemetery Operations Page 6 of 6 37 05/31/2022 Item E. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat for Woodbridge Townhomes Tract A-3 Phase 2,establishing 104 residential lots and three open space lots on 13.125 acres,generally located on the southwest corner of Hooper Road and Hensley Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Woodbridge Townhomes I LTD APPLICANT: Johnson Volk Consulting The applicant has submitted a final plat creating 104 single family attached lots and three open space lots on 13.125 acres generally located on the southwest corner of Hooper Road and Hensley Lane.The subdivision is part of Planned Development 2018-19 and allows for an attached single-family development. The preliminary plat for this development was approved in August of 2017. Two modifications were made to the final plat from the preliminary plat: -An open space lot adjacent to Applewood Way was removed. The reason for the removal of the open space lot is to allow for all residential lots to have street frontage and the open space lot not serving as a functional community space. -Casey Court was revised to Casey Way and is no longer a cul-de-sac. This change was made due to the street connecting to the separate Manors at Woodbridge development to allow a second entrance to the Manors subdivision. The plat meets the requirements of the Subdivision Regulations, including engineering review and fire code (by providing fire sprinklers within each residential home). All open space lots shall be dedicated and maintained by the HOA. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 38 05/31/2022 Item E. 61 2.3 ToSIC NEW I VOL57 BAPTIST CHURCH m L.5]24,PG.836 1 24/4-24/4/419J DRCCT. _ HENSLEY LANE .. re� V` ? i N� MT 25K,PLOCK8 .8 222?SF To d• w ¢M> _... PROJECT ar6, NR618 O9E 80]TS " /t 7c -c ... n o� _— i G442.1 I �N ` e o 0 er .32Aa. .ye ..oC� _fe 1 �.r.0a.-. J WO 5 �'. c'_ 3 9 LL i Arno ... °` II' �� ' E2E VICINITY MAP Ap r P ar N 1 S z 05F ( 9 1,1 8 0 rat EFO 00o i I is sr zas.,n arias `P �, 1.00 ! - _ ......... ..... ....... ........ at �a I Il ( �sr I I S.` B20,8 I I �. LEGEND 3z ...._ sr z o - CO3- t 2712 ure or Tan0.3.2 on 3, �' w �_ ,r5, w �03 , 300 Rdw 6 .s r a Ir eco<o8 M {� I`� rs. APPLEWOOD WAY e l sz z czo r ui s ns o u ss w AC 1,9 .23 j , CI Cume No Cos tool Monums GE DE Coona33.Easement arecuT L �s M> urve 0«3reI e _ a?5r = ,�� 8 �� "I n 28 r n,e' o f �2I so L __ 6 rC I r r uu e: .r En�emenT p Pt UtOty ....- ,,tr `o51 _"�� I �, 1 a TOasr noon r as s ,m oq w - ncnme n n County' na 2 sr m r c Coed E a. e PlOCK al ,0 a �� - s a. Li. OOa-I ,s . E oBOOK 20M PAGE a° .� 0I 6r te - a a aT 1 I �z � Sr I E 1 oeSF " 71'- �h 1 _ to -- football statum a.near the northwest comer of fields Ihub.. b,c�aode5 ol a o --ALLEY E , „t 12 �0d ��_ _ u�L mince µ �a' S field 1 b �E I 0R� I � � � F � �, � as t MO SG I. a0>N bnsr )W a (RENDING) IS ab os 1 u q r I I, D00re 1�_ E �Ic.I 1 a15 1 = REPO, ISE d wnr«e w- rr ]06578]-60 256097293 El,562are 1I--_ -1I ssers e 1 j 00s I N' III L ISE.CP111 L J CJ - COMMON ARGA ar, p e,t e c0 1L OT N Q �5 I I bounds b LeE.za 0000 3 t o .35!- IS COMMON AREA _ 0 3 w 't s o WOODBRIDGE a Yl .OecO' oa ..� ..._ ��—r J � a ¢ m L a AiILYH o= o ocOc z0.0 .e uu d b come zs ¢ t 10,40, __-o r r. zo d and Gothholding of utlities and bulldog nermits '� c er I ,R. $ H o 2 o oo .a0o n r h 6a may ana 0042335d1 )' sasw - _ •.I.o I- 0 3-d A owned of DNCCT_ w,000OI 1 18 8 i. ' ; p —_ 3 -1__ dd l0 P per i 1` ( I GI E - FEN,Firm 8 315J de-Jone22009 IG' �o w5F s � g Im d — EI ,s I Ei� � i h � � .w � �I� 31� r <0�s91 120 0=F a,laSF �6 sts 3 i ,I e , ��,a N 0e 000s a 3,055 I I o1 I sa.e --- m a t' "J FINAL PLAT 0o f 1 BLOCK to1190 7. naa0 0 S J o:;,ls� H Sr i zee z a ALLEY F ses'IR..w is Ra ' TC I 8 OF I zV .a At WOODBRIDGE VILLAS 5 at TRACTPHASE 2 - A 3, 69'0 a°°' ' 13.125 ACRES EPIV1 CONCORD DRIVE .,__ z �' a601 sr is TI LOTS 1 24&25X BLOCK 8, K Tes-- r__«ao_.....- - --,,,,,,w,,,,, so'x.a.w. ',on I r r oan .-i .'' IL I= IS t5 --- - LOTS 1-18,19X&20-40,BLOCK9, J L�.L.._ r ESSF LOTS 1-20,BLOCK 0 I /, .oo' I 0' 12T00 >w'__ . c I mo '00 L, aco_ I L 0' ,c v✓ �< ,-1 1_' n1 " - -- - l0 11, t. _r..-_ io.til. H ...-. a,a.1 �3 COMMON A EA LOOTSK i 91 OUT OF THE - oLA W W ILLIAM SACHSE SURVEY,ABSTRACT N0.835 2a005T ornN i Ems. 05'I0 i Pp o ,ice I 2 ( '" vooss mT uoos oosFCITY OF WYLIE „ 860 sF �oosf 2=oosc aloos ewsF, - oo sF 2=oz N e� Le woode aye OwneTownhomes l LTD COLLIN COUNTY,TEXAS lIcant (((i s ' 92- t SOD C Campbell Road,sore 130 (FUTURE) i 1 1 r oo'� 1 L - J�_ J `.._ , 81\Ip to / - _ Richardson,TX]5081 I )d — --- _-- --- i. L?"- "'J Phon 214 e a4s 140 ZONED.PD-TN 2018-29 1 - esoo -1,,-1'7 '- a0£' nbW Si-OF oo "3,0o al-,-1- TaPoo,-_-3 , n45 m00 nano . 2>S=� - - - Contact 21484l Herzog 18Apn12022 rv[ c.' __ L-24 ___ ALLEY D is re o w ___ —__ -___- - --.-. ... .. OF 2 POINT F 3 .O�a BEGINNING n0 �0 0 no y0 ]04CentralInarkwayE East, te1200 ipPP HN N V SR93405'A 6662 CM SHE TIMOTHY R JOHNSON ET �},rr �pp Consultng,Inc xPark YE C,Bu {yS:. TO v,r vor R3 P 1eINC:E.� Docu 66824 _ 9�2 201s 750 O.R.cc'I. sell i =an Contact:Jay Volk PG,,,,,,,,,,,,,, Gm OR,V262,31 Pto, ,,, m 39 05/31/2022 Item E. LEGAL DESCRIPTION South DO inns..55 seconds E.t ietance 5857 feet ton 1/2 OWNER'S DEDICATION_ W0WOODBRIDGEIL ✓n(' PHASE �,T' A", SE 2 Inch Iron rod with a yellow oat;-cap stamped NV,"found for coner, 1125 ACRES NOW THEREFORE,KNOW ALL MEN©Y TNESF PRESENTS' ''RECOMMENDED FOR APPROVAL 3 South 05 ce9rees 00 minutes A seconds West,n distance of 20.10 feet to a 1/2 BEING o t t of iond situated in the W i.SACHSE SURVEY.ABSTRACT NO.835,City Inch Iron rod with a yellow plastic cr.stamped'NC'found for corn.; THAT T g herein by and throughofficers, f WX.,COI.County,Tex.Ond being part of those tracts of lend described in Deed does hereby adopt this Mat designating the hereinabove described proper.as WOODBRIDGE to Woodbridge201T t being 20190418000423350n a x N dedicate, it flu gComm,r on Dateand ------- _ 60,Deed Records,Collin Caur-ty,Texasand bergparticularlyS..0 00 degreest ,'E distance 6 l /" R C 0 2 C I inch iron rod with a yellow plastic cap stamped N.C.found for cornei at the in fee simple,to the pub.use torever the streets,rights-ot-way and°the,public City.Wylie,rexas described cs fogawsi beginning of o curve to the i ight3 I 9 g 6 xuses°remown,oreuse are dedicated for street purposes e improvements 00 iradius38 00 L d g ond distancef South 44 t purposes d 1 t buildings, t b publicor otheris BEGINNING /2 i d with a yeIlaw plastic copstamped J C e degrees 26 minutes 05 seconds West,'38 - tlgrowthsh constructed d t t except south _OvementS APPROTELI NsiRUCf ON 20190418000423350 t theg T southwest corn, WOODBRIDGE L S E Sou.hwe 598' .a /2 C n City 1 l utility t th.ptoced in landscape...lent.if approved e the y Dc cuse 1 an ed in 1.top City Wylie, County, ac 7 ,M P -,pf 'n. iron rod witho ye ow lus'c cop stamped"J\t,"found for come'; and o using the same unless the easement recorded D t _20191219010005540(Gook 2.0 9,Pcge 8T2) Mop Records, limits. said .e by p c utilities y subordinated t0 tpub.'s Texas Date Collin Co.nty Texas, PO 00 d 25 minutes 53 s less feet to the and City 0 �Wy'.use thereof. y y Wylie,of POINT 1N1'OF BEGINNING and containing0i 13`25 acres land le,s more or THENCESouth89 degrees 3d minutesd [ 'd d' e of City public 66-21 feet to o 1/2 s o rqp with yellow piste cap stomped \C,_t fora ( f AC�PTEO her any construction. maintenance, or efficiency ot their respective sWems in said easements Me City o Y;. and public utility entities six.,at all THENCE North 00 degrees minutes 55 seconds West 1eaving ( gawp the full 9 respective easements 3 t y q v a MayorCN Of y Texas Oaf d'ctrn 591 feet too /2 inch irond with o ye p t c cop S.M.,V. de og g t sp_tiv yster w h., he nessy o ay et for co..., MTe Prooiwina p,mission fromnmone THENCE J tl degrees59 West. distance 3 9 a s p .o a platting ordinances, g tons d resolutions of the he undersigned,the C f texas,TI - bmsk' a` .e�a" 1/2 inch a p 'p p. C beginning C'tyo Wyre xns cestifiess that the toregoing tie.plat,the WOODBRIDGEVILLAS TR 3, qe l having o c ari nnaleand degrees minutes deer es n the 2 s the City 0 N City h Council ra se o 2)Wes feet Toro bearing and distance of South 85 degrees e.20_e e streets, al b onds a ! d a c' n _ 0n the 69 routes t3 seconds West,5.- feet, WITNESS M1 HAND this ___..._day of tutu_____._._.._._...,20_.... action,the t. .. parks easements, set forth THENCE Westerly,with said cume to the left, .1 lees to a 1/2 inch in d o d t d note TCNNTOMES LTD,a e>a Limited PrersuP iron rod to y o pa cap Ctn ped...set for corner, the aeplo ce th,eof by signing his name a ...above subscribed THENCE North 04 degrees 26 miTutes 30 seconds West,c distonce of 50 CO feet to a By,HDC WOODBRIDGE,LLC a Texas Limited y Company 1/2 WITNESS MY-AND AND SEA.OF orncE.this y of of a non- 'gel plastic n f 02 degrees 04 minutes Its.G..a,.ai then 51 f 325,00 f u bea g and distance of North 86 3 .55 seconds11& et By: degrees Lary THENCE Easter.e dstance n 80 feel to a 1/2 DarylMember �t1 o y Texas inch iron rod with o yellow plastic cap stamped XP/CPset for corner, THENCE N es 04 minutes iseconds East,e distance of 14.04 feel to a 1.inch imn fad wTh a yellow f as.c cos stamped..VC—set for comer: TPIP OF TE%DVS tl degrees 4 o 1.45 saet to o COUNTY Ot' COILIN p 1/2Ninch iron rod with a ye,Mw plastic c stamped West, r for come, BEFORE VE,the undersigned autho,ty,a Noto.Putigio in or the Si. THENCE North 45 degrees 41 minutes 55 seconds West, t t.a date personally appeared Owner's Agent,known to me to be the oerson whose inron yelloweap stamped Ccomersou ga it g o me the executed the BENCHMARKS. Hensley an_,a 65 footnd the 0f line e above n c tCM.,Located on the southwesterly side of Wylie Nigh School football Addition: oned same t p onside .or ere p satl. stadium GIVEN DE AY HAND AND SEAL OF 0 C this_,___.dry of31,feet south of tic,4,5 feet nomh of b c and 6 5 feet west of h c and the are`- sports fields THENCE Southerly, with said west Ime, the following twenty w (2.) courses and 20_ 111 feet northn:ink fence around nders Parksports distances fielox d North 89 degrees IS minutes 05 seconds East,w sold sotto ill a distance n N:7053,76.54 E25591N 00 EL,519 sI r e, f 807.T to a 1/2 inch iron rod wTh a yellow pcstc cr.stamped J ontl o. h d t _ n north en of a o r Notary Public n an for the State o ezas Q h of ' p a d c Wltn bs Way.1 o the south 1,..south degrees 55 seconds Eost,with s id c g 5fee perpendicular to parking:mew eel to a 1/2 inch iron rod with o y.low Past;r cap stamped,\C fo..nd for My Commission Expires: N_7055787 sa E 2S60972.93 EtR_552 AS cornei at the south end of said corner clip; South 00 degree,41 minpies 55 seemds East, ... 100 00 feet to a 1/2 SURVEYORS CERTIFICATE. inch won rod with a ye eve passe cap stamoed WVC"found for corns-, 1 SeIgng a portion of MN addition bg metes andb U violation of KNOW AII MEN BY THESE PRESENTS. d do hereggy mptity that I city ordinance and state taw and is subject m fines and withholdingof propos ed d l t y J l l db Id South lee ... eet o a 1/2 shownmonuments thereonset were properly pIaced under y personal in e 1 d Common Ar ea ofs Ma be owned n inch n rod with y Doc, p p WPC"found to.came accordance w h SubdivisionO Ordinance of the City T maintained by the NO A en the height 0f 2 and 9 may be Placed in South 39 degrees 18 mgmtes OS seconds West a distanceeel to ai/2 inc`iron rod with a yellow plostic cap stamood .MC"found for corner. GIVEN UNDER MY HAND !D SEA.C Jr'rICE this y i d fe he 100 yr fioodpan per FEMA e,to o 1/2 VISISli ACCESS AND MAINTENANCE CASEMENTS 20_ Firm Mgag8085C0415.1gtedlune2,2009South OD degrees 41 minutes 55 seconds East,c - inch with y _cop WVC�found for corn, I he areo or areas shown on the pat c (5,5440"t herebyEasements are granted n No tF et a a1/2 right inch C..found for , Easement Me City shall have the right but not the obligationI landscaping within the PAM Eosement Shou1d the City exercise this maintenance right �0 0 South 5 55 E f feet to 1/2 f p.tl Registered Professional.a Lan ec nelcr No 638v inch C" f a improvements,fixtu Cmay t L ground,in. Ihe South oo ss E - boo rest to a 1/2 t t responsibility t Easement t owners FINAL PLAT inch p C" a, 4' t- t t Y -or interfere wit,the visibiiity,shall be constructed i.on,over or across e STATE Ot TLXAS § South 89 iP OS 5.00 el to `/_ y L f(obligationy shall also have the right but not Me °DNT OF COLL. § WOODBRIDGE VILLAS inch stomped P d L T C BEFOREt authority, lhs e " control devices or g r TRACT A-3,PHASE 2 Sou o00degreesEast, 5.00 e_to set Eosemen!or forth ante herein y part thereof o the purposes and with o rights ontl sane purpose considerations en expressed to me he execute the men n rod vi to r l plastic stomped WC feu for am imm: privileges 13.125 ACRES LOTS 1-24&25X,BLOCK Si North 8 5 B 0 '.00 feet to a 1/2 Y H AL hLs r n or with n yellow p an'r cop Inmost'VCfeu for corner: GIVEN UNDER U AND AND SE Os 0 IC_,t y of LOTS 1-18,19X&20-40,BLOCK 9; gab 20—' LOTS 1-20,BLOCK 10; South 00 degrees at minutes 55 seconds East,a distance of 220.08 feet a /2 TYPICAL INTERSECTION DETAIL Lars 1-14,15x&16-22 BLOCK 1 inch iron rod with o yeilow plos,o cr. stamped PVC oorner ot the 104 T04VNHOME LOTS beginning of a curve to the right having a control angle9C- g 00 minutes -- 00 s d's 20.00 ' a chord bearing and 'stance south 44 STREET 3 COMMON AREA LOTS degrees 18 mouses 0E ds Nell 28.28 feel No'.ory Pub c in for the State of Texas OUT OF THE a i/2 Huth _ set.a ( WILLIAMSACHSE SURVEY,ABSTRACT NO.835 eh p t c" ( �/ a nn p s Owner/Applicant: CITY OF WYLIE set m a=/a I / My r e _. _. Woodbridge r h es I LTD COLLIN COUNTY,TEXAS South 9 05 3 II y g 0, 800 E.Campbell Road Suite 130 inch p P PVC found f Is 5_ �/ r ns B_ R .dson TX 25081 South00 minutes E 00 fact to `/c Al& \vhs Phone:2143481300 w posers p stamped 'PVC _ her T1' T g Y�smr Par 21a34a1720 ZONED:PD-TH2O18-29 beginning of a non-Mnaent curve to the right having a centroMangie f 90 d E ES ( ITYPI Contact Daryl Herzog m f 18 April 2022 00 micutos 00 seconds,a radius of 30 00 feet and a chord beoring and distance of Ci South 45 degrees 41 minutes 55 seconds East,42 43 feet, m tm 1 SHEET OF Southeasterly, - t „Met to /2 E Engineer/Surveyor: inch on rod with a yellow o.as, cap amoad JVC"o nd fo came-. R.o.W Johnson Volk C It g Inc ]04 CentrA FErk y FRO,S-e 1200 8 JOHNS YOLK Plano Texas 25044 CONSULT k. H 072-201:3100 Contact,Jay Volk 6.1446Wvm..0 adk marDamlei Dam r N. — Nca 40 05/31/2022 Item F. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat for Woodbridge Townhomes Tract A-4 Phase 2, establishing 60 residential lots and two open space lots on 5.868 acres, generally located on the southwest corner of Hooper Road and Hensley Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Woodbridge Townhomes I LTD APPLICANT: Johnson Volk Consulting The applicant has submitted a final plat to create 60 single family attached lots and two open space lots on 5.868 acres generally located on the southwest corner of Hooper Road and Hensley Lane. The preliminary plat for this development was approved in August of 2017. The proposed subdivision is part of Planned Development 2018-19 and allows for an attached single-family development. The plat meets the requirements of the Subdivision Regulations, including engineering review and fire code (by providing fire sprinklers within each residential home).All open space lots shall be dedicated and maintained by the HOA. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 41 05/31/2022 Item F. IJnm Table M.. Toble _ R t,._......FMsh4 -J _ 308. Hs- CrK.r t„.H.. B 1 �Etao 0 al _ w s 2 a si e5z6o ro,Fxa s' ae.,Tr g si 164 41 nua 1 YI w099 H 1FS 25 ,'- a z=as --_ '9N 4, ant - PROJECT n _ r� Ne6 E I MRotT 8 a� 2 . „0 h cc ass 4„ s3e 66<w VICINITYMAP MD r6�x.) c°A,( o 1 NT 1 au\, 04L E 7695 q C oT ,c,u�h'l�fE �{2 8B 1 _ ,5 LEGEND 0�4 1 a 2 55 Gent.42 I,or Pod set v a ��& stamp, JVC (une,h '65,59.„6 o\' s w s6o I - ter.se noted) RccT 3. Gu F .. —al mks`9 a u w z — /2. o 365.5 I 9n 55FA� Act e 1 IJ e,5 .T 1 B a 63 WOODBRIDGE h a 6 I M i 1 - C Control WOODBPNGF m f 1� 1 25[ CS COd(4 -. � DE (3.., ��BLOCK3 , .6 6.6 } � 1<9956 tn20o 1 �1 as rn to &D.o ncga Eoseme,t ment 2 Sr0 ^ e5 1'O 3 E r e t &UttY Easement ss SF N ol.: S� oy 0RCCT- F.._ '� 4p H 895 C c .T 9 so+o D R C C T. mt. Easement 8 I f paov ro nan xnr ss �' w tl 7,1 p� � 6 MR.CC' - o Record,of C6, Crnty Ten 8 1 P g1 0 o ..... .. 2950, 6 , � + i 00a A I -r Mn s 55 I�J oD 1L oT ll M - 0 �— oNORTH TEXAS 1 d fi k f tdsa 4 CM P3 Located on the southwesterly Me of VVylie/3138h School i 0 BLOCK 5 n I_'2 "I ry _ V o sf 0 o 6,f 8 -' e r _ 3por.field f dm vark oPCCT 1 <or R 3>s N m — ._ bro` ,zz 8.,J405'w 6-512 8555E e ` I— o,ST 1 o I 28 ,B I a south of IJ ]45r arley and west 114 1 3 o ( Kno� 5 `J1 � 1. — 93,g I r- h r-h.our me or c a 1 � e, I f ea. 0 5 Sr 287585 1... 77 .. 1 r 9 75 w o ( „4nd I H I l f K o m 1 n d-hnl of 1 I p 1 5 l r 3.6'� r z C�7 B, g �— 37.SF 1 R r 3 Ns appurtenance on the no®nt rz and.,may be nl.«d to A 25 8,5.0ity triangles ent des the ssr ( ti , m ¢oa:a i s.m H o i m1,dateolne 22009 v<roodnan put rrEmn a P aescoa5,5 dated 5uee z,zoo9. d ° ' 1 o.accT °eaz V,, nnn 8 1 t s= zsaas as= 1 8- ' 1 L_ I v8E ( 15 I - I FINAL PLAT e _1 365 E �� z % P � eh, sm J i I WOODBRIDGE 1 K HEEG�oWEWAY_ 6 11 20Et2r 1 TOWNHOMES h,a TRACT A-4,PHASE 2 -.,aae�� L -..-mss—'S-J �� 1_ 1,,BLOCK 3....-I 1<CM> N.N 220'VI 5/3 25 5.868 ACRES POINT OF —— — <cm> LOT51X,227,28X,BLOCK4 t.OTS 1X 2-21,28X,BLOCK 4 ..- -- ---- _ .'ro52n>s. [6 Ower/Appman >y 60 TOWNNOME LOTS BEGINNING — DR T 608 2 COMMON AREA LOTS d o Dt.n n4 e, 0 0E me 0gccT_ WILL N NACHSS SURVEY,ABSTRACT NO.835 ax 214-348172 CITY OE WYLIE Woodbridge Townhomes l LTD COLLIN COUNTY,TEXAS 800 E.Campbell Road,Sulte 130 Richardson,TX 75081 Phone:21 4-3 8-13 0 0 FaK:24-348-5 2n ZONED:PD-TH 2O58-29 Contact,Daryl Herzog 18 APn12022 SHEET 1 OE 2 Engineer/SurveyorJohn : 'al Park c It 4 Inc J H N VOLK 704C t1 Parkway 'S SDlte 12004' Plano,Texas 75014 ( ( 6 �cnc[ r as 972 201-3100 FT '> P ° Contact:lay Volk 5 ,u,6—,* ,.,m0ey„ 7:, c 42 05/31/2022 Item F. LEGAL DESCRIPTION OWNER'S DEDICATION_ WOODBRIDGE TOWNHOMES,TRACT A-4,PHASE?, xFCaMMfNDFO FOR APPROVAL'. 5 868 ACRES NOW THEREFORE,KNOW At t.MEN BY THESE PRESENTS. RENG a Oa&of land s.cted in the WILLIAM SAGHSE SURVEY,...AC(NO.835,City THAT W0.981.3 TOWNHOMES 1 LTD,octi.herein by and through its duIy authorized beingof Wylie,Coll&County.Texas ond WOODBRIDGECe Woodbridge s - 20190418000423350,Deed TOWNHOMESTRACT PHASE C yt & ng Comm scion Date r,cp de so Cp hly,T_za,otl being d e particularly d.crb.-d as fe ow, settc t 9 t L fr' yro Wyle Terns 'npro_ cots shown thereon streets a alleys,'f ned'c'.ted street purposes a he public ose forever,for [1EGIIVN rl a'/]'n d 'tir a [.sped'JV.,:"ound fpr the The t. d 6 d led l {owe said q w L or growthsthe p L g except f "APPROVED FOR CONSTRUCTION" ty '.:ACE degree,2'minutes t o ds East,with the w - Council of theeasements,landscape improvements may be placed in landscape d for th approved by the G al use oodbr ge I d "act,a 386.6r1 feel In a 1/2 inch iron rod and accommodation of al,public utilities desiring to use&using the scone unless the easement with a yellow plas.cop sf p OV.found for comer; Iimita the use to utiIities.sad use by pubic utilities being svbnrdnaled to thepublic's Mayor City of Wylie,Texas Data and City cf WNie.use thereof. HENCE Nor th 00 deg ees 22 minutes 07 .ends West,a distance of 120 05 feel I o c /e orod -1. 'J The C.ity&Wylie and public.11,entities shall hove the right.remove and keep oted all WOODBRIDGE TOWNHOMES T City o VNIm, p b n nc�pi ED Collin County,Texos according.the Plot thereof recordedN. any woy endangerthe oenstruotion, ter res20200324010001230 2024 Page 2 ), f Records, County,Texas Pet yst J l C y d LYe al et oll - times e the right ingress a egret, .maintaini..five cots meters the THENCE Easterly,with sotl south line, g sixteen(1.courses and tlstances, addl age Lo vof . r ports o9 their inspecting, systemsg without the necessity al;o y Mayor Cryof Wy e Tews Date time .perm son from any, North 88 degrees 04 minute,- s East,a distance o 76.95 feet lo a 1/2 Rch mon hod with a yellow plastic cop stamped C f t&proved subjectto oll puling ociinances,rules,regul&ions and resolution,pf the The _ of 08 degrees32 y O etas. ce, undersigned, final plat of the 96,06E TOWNHOMESO TRACT 48a s .0.00 feet ea and tl.,tance of South u 8li eT PEASE 2 s e City of NN e City deg 39 minutes On sea ds East 38.75 feet, yes that the gof the eOLOub a re Council,F,nc on day otl the y Eas_y wet .said cove to the ghl a arc d'atohc,&38 T9 feet to 0 1/2 Inch WITNESS MY HAND this day of ,20._ action, alleys, d and Iron d with paste stomp found easements, a ye.o cap for comer nr n rs>P 'JVC! Wt1Oti[iR D6r ONNi0�I3S _0,s Tex.+s t 'ten P, � rt d rc eo hl�, t.r authorized name s er nh Mayor . .pia _t signing his na _above So„ degrees 49 05 d E,t 3 [ 1/2subscribed Y By.HDC WOODBRIDGE, Ll, a Texas L t_d Liability Company beginning of a no...gent curve to the left having a central angle of inch 00 degrees WITNESS MY HAND AND SEAL OF 0.10E.this 09 minutes 07 seconds, of S 0.00 and d bearing d distance Its.General Partnery t of South 53 degrees SS minutes 04.records Walt,0.93 feat, P.20 BY Southerly.withid curve to to left,an aro die-tans,/ 093 feet to u I/2 inch icon rod wtn a yet . JV.,found r comer; Oary,rt zoy,Member tp SecrataryTexas ti: Sou h 74 degrees 58 mm&es 02 seconds East.a of 50.01 f 1/2 in. iron rod with a yellow sasticc cap stamped o distance of c ound for corner at he Les 3 tangent �iht haGng a central bearing 9 le of 0 degree, distance STATE off TEXAS § of North 13 de,ees 50 minutes 51 seconds East,'a 53 fee., COUNTY OF COLLIN § t_o a 1/2 inch BEFORE M authority, d far the Sta.o Nor erg ry, this Iran o with y.. plastic p stomped..found r or corm dote p 4 0Agent,knOwri to me to be the a executed m trued lotforegoing'nnl a instrument o wedged to net , e _<t--led U= ..__ o. nnmes n0 8 E 3.3 /' sane i purpose o o luat'n c e p,rasedCM. Northinch iron rod 1. [' stomped J C d t [e tome,/on the sou d f High oo footbe[stadam and near the northwest corner of hark sports 315feet south of beginning&o non"'t g -l to -f g r n- 3 -2 1 g s GIVEN UNDER.M HAND AND SEAL OF OFFICE.this y t bs,, Otto bent and 65Ffeetders elds west of b d app ox.111 feet north 14 minutes 2 seconds. radios260 t d bearing end r._lance Zp._-. of South J degrees min.. 3 .nos East,51 T feet; of Jia ore around Founders pa p sfied of 91 HS fact to c 1%L N.7053976�p F.2555122 .inch iron rod wOh a yellow forcorner at the CM WI; 00 61 -519 In Southeasterly.with so&curve to the right,an orc ost'c r stomped distance 'J.found qi located in the northeast corner of a-I Meadow Park south of alley beginning o e to the eft r central angle&2 deg 23 No s Dub r and he State of Texas south line of alley concrete h t_. 16 seconds, s f 30 60 chord beo'ng a 1ieto nee of Po,InP tperpendc b..parking area SCEs degrees 21 t s19 sew East,144.41 fees c distance ot 145)9(met to c 1%L My Commissar Expire: N.]ltC578T.bn E.256092293 REV,SG.4.88 inch iron ron with y or.➢ he rep stomped Southeasterly.&th soid curve to the Isit,on rOVC found for corner, ogre distance 1/2 SURVEYORS CERTIFICATE- inch iron rod wrth o yellow plastic city p stamped JC"f for eorner at the t{ a addition l tof es withholding uty metes or/d bounds 8 a violation ftes Southfeet o beginning o age e to t. e having D Ong. of G2 degrees KNOW Add F t CSF PRESENTS. O tls, t t not l g a non curve fin central mono yand building permits of t. seconds, ar p 0 feet on,o etl bearing end O'slance underwere son o vson in heH y Center lot a lots shall awned and maintained y ' ( c ch r & the lond and that the so e Am of Soul 02 degrees m"n.,{es 25 s.-co s West,5-22 f=_e{, cccor cote x, the Subdivision Ord na ce of theCity o my p - -- - - - VVy B 3 No once between the height of]'and 9'may he placed in visibility Southerl,with said curve to the left,on arc distance&6 22 feet to a 1/2 I,icM1 triangles Iran rod with o ye,ow plastic cap stamped SIV.fauna for cornet GIVEN UNDER MY HAND AND SEAL OFOF.iCE V. y i Proposed developmentoutside h100.f ooUpar per FEMA Frm Map 20- 46 ed lune22009. Sou n 88 degrees 56 minutes 42 seconds East 0 1/e stamped inch mon rod with a yellow plastic cap C f for corner at Bt MI ACCESS AND.,IA. SE1.53 00 degrees Oo6g 3. s o c50 ! ea nd distance shown o t gpIatranted t per Not ( degree 26 minutes 33 0 EasC 0.2 e� Casementsmaintenance RYAN S. Prof ssm R.Peasement to provide visibility,right&access for Lan Northerly,w dicta,o 24`et to r 1/2 mien Easement. Ctys b.gato,t Registered one Land Sr y No 63a5 Iran rod with a yellow plastic p JVC found for corner taping etr'r the VAM Easement Should the City exercise this maintenanceright then it 9.11 be it t FINAL PLAT North 8 g OE F": t 9 feet to a 1/0 l O ground cower and f ixtui es The City m.wit.,maintenance of the VAM Easement ot ony time TheSTATE OF TEXAS § ultimate m&ntenonce responsibility for the VAM Casement s,1 rest upon the owners inch mon rod wdh a yellow plastic cap stomped &VG"found fot corner . the 9degrees .building,fence,shrub tree&other improvements cr growths.whic,n ony way may COUNTY OF COLLIN § WOODBRIDGE 11 57 f305 0 f distance er or inter,re with the visibility,sholl be constructed in,on,over or a.oss the of s 89 9 5' Eendan NAM ,c l C L BEFORE ME,the d t [, L Store it d op_' t t yt g control' d are appeared Ryon W. lase"yr t to be t TOWNHOMES Eas curve to the left, feet to a 1/2 nd'i a l M 1. y t [ t City t s t s to n t he executed the s some rer won d with P to cap P p P-e considerations. ram,expressed TRACT A-4,PHASE 2 upon the VAM Casement or any part thereof the purposes and with all rights and NM th 84 degiees 34 minutes 0 9 feet to a 1/2 privileges set foi th herein 5.868ran hod with y p C f 'JVC nd fa Carnes GIV EN UNDER MY HAND AND SEAL OF. thisOFFICE, �a v 5.868 ACRES 20__ LOTS 1-18&20,35,13108K 3; THENCE So,CO degrees 2 minutes 55 seconds,leaving s LOTS IX,2-27,28X,BLOCK 4 100.00 f /- C t fa- r rn-r the south ne he„rim..me a Woodbridge enha.., td tract, TYPICAL INTERSECTION DETAIL 6o T AREA 2 COMS'MON/805 AREA LOTS HENCE Sol.a9 degrees 34 minutes 05 seconds Nest,w south Notary Public n and for ate Sta.e of Texas OUT OF E - o s rants ar of plastictamped d for iiin me corner Woodbridge nom.� Ltd.tr.., SMELT WILIJAM SAGHSE SURVEY,ABSTRACT NO.835 THENCEIE t 00 deg -a 265.. t a 6 y or p s Owner/Applicant: CITY OF TY,T /a r far the 1 southeast earner - j - Woodbridge Townhomes I LTD COLLIN COUNTY,TEXAS od q \\� / 800 E.Campbell Road Suite 130 Richardson,TX 75081 TH..North 89 degrees the 0 BEGINNING;a dY..ta'n'n ands of S `n r o or lens set to v & .. W r e — Phone:2143481300 Fa,:u4348 vzD ZONED:PD-TH 2O18-29 Contact Daryl Herzog 18 April 2022 UTILITY C5 lea LIM 1.VISIBILITY SHEET 2062 m m w Engineer/Surveyor -'^ Johnson V lk Consulting,Inc. ,e'gl�py,.; VOLK m \-re.O.w. /04 Central Parkway E t,Suite 1200 'rd JOHN gVOLK Plano,Texas 75074 t W{1 1( ( I 972 201-310(1 Contact:lay Volk wW o x m. 6 43 05/31/2022 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat for Woodbridge Townhomes Tract A-4 Phase 3, establishing 75 residential lots on 6.171 acres, generally located on the southwest corner of Hooper Road and Hensley Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Woodbridge Townhomes I LTD APPLICANT: Johnson Volk Consulting The applicant has submitted a final plat to create 75 single family attached lots on 6.171 acres generally located on the southwest corner of Hooper Road and Hensley Lane. The preliminary plat for this development was approved in August of 2017. The proposed subdivision is part of Planned Development 2018-19 and allows for an attached single-family development. The plat meets the requirements of the Subdivision Regulations, including engineering review and fire code (by providing fire sprinklers within each residential home). The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 44 05/31/2022 Item G. , j; l J BUSINESSpAaK �;, ASE aT z.../.. 6/L C5irve,be -ROAD POINT OF/ //,/-/ zz BEGINNING '''''''--- 1 ----, ,.,-_- , . 1 0090 00nnn HENNLLY LANE EDeer II ,M - 1al 51 .5e0 2053NI <c - ° 89I s a -- -_ PROJECT1.10 0.5 -_- zsw 25 o SAS a5P I 15' I~ V a o _ g� T l s es ab m �1f o L, tl CINITY MAP kl T� al� Im 8 1- Is — - wr P+ ny ..- hLT$. a d 5 1 i` I. m !395 0 1050 25 E 1 11. 18 j ! '� b Lg 12 g — "- LEGEND a B z 2 8 1LL�� x Cent,I me 9 1/2 Ir.rod sot wit,o yellow elastic coo 3a5 �¢sm h 30 1 ram s `d � (unless otherwise noted) m un.s tea GRANDVIEW DRIVE P GRANDVIEW DRIVE ...- SP9 0.S W 500 ,x'1 i0 I' i /2 N85,8050000_.� / T ROCK6 1 50 t 1 E * D D ^3 �_ 1I - ,n - T s a.Drainage xeen n, 505E -I E - S oge C ao 6o EC E- u. •• t2 Alo S fai 36 = I to o +_ nCCT a ai osunen, � A � °'1 ,ens � r 1 !i � I — 1 ae t � t ty E ! 1< I 00 ., a33�e I 1 P" 3 I 1 � 1 �J Dos I I�1 1 1 -_ AnNLewooD WAY E �t1 Eoeement El 12 1 I L 1 00 s - — - e III Vistilit0 Easement a o5F ed Records of ColIn County Te>as S o �OV OAS , �..-. MKCC Mop nco a.,o Coll.county texas 25 S — m d q1 of I I I 11R1 ,5 1 309= / F ! 6 rounders 32 Pa. 1 _ sP9 _ r.... o}Snn t l 1 30905E N d h f 25 201 I� 1 ! Soy I -✓- west b f I k round e[ o r do w j ,v o� W a> Gorts fields 31 5 feet south of b c 41 6 feet north of be and°x e <c 2ozoo 00o a 0 3 �� ... _N 11 s o 4 05 1 - - .. )1� i 2 11 o I ,, , ! 00 a to n 4 a 5ksouth _ z �. sao seof all,and west of Mate Ibis Way 14 S feet south of the south line -' __. j _ ,uo ( p 1�n sCUS M I'"1 W� I f Pak 4a ca 12 ea S �. -5 3n ° N.06578 60 E: r d Z 0922.93 ELE 562.8e ( I - 2500 E IN10 'i- 33 I I I g22 I 055 e � N ordrnance and state law and is sul.ect to fines a. pSE 1 Iof a d 1 2 Amenity Center lot a.Common Area lots shall oe owned and p50N a - 1 3 No appurtenance between the heat(of 2 a.9 may be can 4 Proposed development lies outside the 100yr ap en per EEC A J a no. 1 --- Map aoasco ,da,nam zzooe- Is mcooi a q ! 0055 I 11 n S w o N s 1, 0 2 PHASE o E �s eL � PHASE _ _ __ ih"r (PENDING) 20,005,4050001231112 - .. @ I I I11 —I I - 29 r a W DOSE 1 ILL Kzmz PAGE ' 1 _ ¢gyp ._i r p ( I- FINAL PLAT nnnccT ... -- 1 �I 1 0 j o- a 115 '03 IN 2500 00` I ! 2500 I h 1 UN,o 1 BLOCK 7 1 2, 5 _ 16 TOWNHOMES / TRACT A 4,PHASE 3 � ,.,a sae Y - _ d �* 6.171 ACRES n - y M10 30 LOTS 3650,BLOCK 3; CONCORD DRIVE CONCORD DRIVE _ r� L0451-46,BLOCK s; woo- o` �—- LOTS 15-28,BLOCK LY,KK_0 5 75 TOWNNOME LOTS 89s 05E I= `-z 11E5 J l R - - Woodb idge TowP homed LTD WILLIAGQL INYOF WY a NO,835 lKant Id b PH 2 e [21,7 TEXAS yq o9 w ! 800 E.Campbell Road 5ute 130 YLIE 15 o Sr) 110 5 5005 250055 3050 Sd 130585 a2- 0nse 69z$t'E Ep _. Rohardson'TX 75081 h n n p 5. 6 !io 25 SF 2.50 5 09 F s' H s Phone.2143481300 M .L! el o fax 214-348-1720 TRACT PHASEm - ZONED:PD-TH 2O18-29 ! NNE 11 v Contact Daryl Herzog (PENDING) 2 L J L_. L— t 18 APriI2022 4LLFY U ' -n`r. 13113 2Soo 1500 )yams5,5o 1 0500' I - SHEEN OF . 9 Engineer/Surveyor SB ?OS.v rt,.55T' - //) Johnsonn Volk Consultng,Inc kh �l VOLK°E. F" 104 Central Parkway East,5u to 1200 Fl 1V W ,o r.norvuucrv2 Ns Plano,Texas 75074 t 4� 1% NO 92 po 6a24 9 201 3100 O.Reei' Contact Jay Volk ,,.p„,,,,,, ec n „,, 45 05/31/2022 Item G. LEGAL DESCRIPTION OWNET'S DEDICATION: WOODBRIDGE TOWNHOMES,TRACT A-4,PHASE} 'RECOMMENDED FORAPPiQVFlt 6.121 ACRES NOW THEREFORE.KNOW ALL MEN BY THESE PRESENTS. THAT WOODBRIDGE TOWNIIOMES I LTD,acting herein by and throoah its duly authorized office. BEING h.Wad c land=l at n N_,h -AM SACHSE SURVEY,ABSTRACT N0.835 CityWOODBRIDGE dOW t the at g Wylie,Woodbridge o To [y being t t d d Deed TOWNHOMES t TRACT PHASE 5, C & g om nlvion Date to y Tic Planning C 20160818000423360, 0d 9 fRe d d those m portico.. 0 . ov t P - 9 City of Wylie,Texas ond 0 90 8 0 ?3350 Deed Records,to County,Texasand b e pail cu n.y -t Thereon The sir., Y Y u t purposes described as!o own. The easements and public uses areas,as shown.are dedicated,foi the public se forever,fer e purposes fence,trees,shrubs or other improvements or BEGNN 1/2 J a L plastic coo stumped B, al the growthss.holl be constructed. upon,ieced over or across the easements os APPROVED FOR CONSTRUCTON 6y foot f t P [ m 1, t he used foi the mutual UW line o Laurel one,on 8 fintersection of the south oo of t g Hensley ° oo right-of-way,y _ e east t e or us,the some unless the easement lirnits the use to prirticuior THENCE North,89 _degds East,with rees and s use thereofutilities,sad use Y pub.utilities being s no aced o the pu.cs Mayor OW of Wy e,Texas Date f 415.00 feet to a 1/ nth ran rod with L stomped et for City o VyI' nor., The City of WWie ond public utility entities shaf,have the right to remove and keep removed all or parts.any...dings,fences,trees,shrubs or other improvemeats or growths which may in 'ACCEPTED'. THENCE South 45 degrees s 55 seconds East ieaving said s of their &Mos. 4)4 feet n r /A inch mn o with e yellow plastic cap stamped JVC set dT e C f Wylie and public utility entities shall at all gress to or from the,i espective esse,wents for the for tamedpurposeconsng.recoss Tadding to or 1 emovino all or parts at their Psystems without me nece v t y Mavarctvaf Wylie,texas Date THENCE South 00 degrees 41 minutes 55 seconds East.a distance of 541 45 feet to a time procuring permission anyone 1/2 inch iron rod vdn a yellow plostio cop stamped JVC se.far coma, This plat all platting ordinances,pales,regulations rind re.iutione of the Texas,The THENCE South 3 9 0 0 d t 0 Texas undersigned, . (2 in l stamped l I t minutes 9 y 3 _ a _to Owos submitted E e 0 TRACT a City f � � certifies � d ity a no gent tune e e left having ce..rc angleof 02 degrees 0 min es 51 E 3 t l C Wylie g to C seconds radius of 32 OD eat and a chord beorng and distance of South 86 degrees oo[ Y ?on,then rind there accepted the i -t. C sheets, 35 minutes cc seconds West 1 SO fee WITNESS MY HAND the y f 2D_ , parks,easements,public ploces,and water and,„sewer lines as shown and set forth in and upon said plat and said Coun I THENCE Westerly, of 11 SO feet to 1/2w000Be O6�TOWNHOMFS LTC,a Text,Limited Partne p Mayor t. e 1 a.._plo c thereof by signing further name Go r ere n.bove nth iron rod ewith o yellow po 1_cat stamped BBC BBCT set for corner, subscribed By.HDC WOODBRIDGE,LLC,a Texas Limited Liability Company THENCE South.degrees,26 minutes 30 sesonds East,a distance of 50 00 feet to a WITNESS MY HAND AND SEAL O ICE,this /2 Inch iron rod with O ye ow ostc COP stamped J.,set o co ell beginning Its.Gerero V is nay o! tangent curve re Vartner of a seconds,a no = having c central angle o degrees minutes ss chord bearing and distance of North 86 degrees By 09 minutes seconds feet. 0,1 F_ _r-q Member THENCE Eosterly, right,an ci c distance of 5 71 tent to dty oe ,Texas rn_n iron rod with a yellow pies,cap�yCta stomped JiO met for corner, THENCE 8 48 degrees 14 minutes 56 seconds East,13.46 feet to a 1/2 ineli iron TEXASSTATE OF & rod with a yellow plastic p stamped JV4 se-for corner, COUNTY Of LUN 6 THENCE South 00 degrees 25 minutes- seconds East,a distance of 105 1/2 inch iron rod with a yellow plastic cap stamped GVC"set for coiner in the south BEFORE ME,the undersigned authority,o Not°,Public in and fel the State.Texas on this tlge n Document No t c01900i8000a2535tr ed Woodbridge or. a hs Ltd -act recorded etlg-.d to e e executed the ENCH P done ed-o foregoing instrument owed MARTS_ some l' purpose o d.-a[ionr,therein esehl. CM 43:Located on the auhw High b[xad mTHENCE Tout 80 degrees 34 minutes 05 s ._....._..__ __,.....__.__._..� and near me south o f f 925-3/feet to a 1/2 inch iron rod with 'Ye ov Pi.,ca.st..ped J\C ne[.or ryEN UNDER J.NAND AND ALA OF OFFICE,this day o a 5 lee o End 55 feetend ap 11 fee,north oTre; of fence around Foantie Park Fed THENCE North 00 degrees 25 minutes 55 seconds TAW., leaving said N-]05397554 T:2556122 00 HEW 519.)2 distance of 100 00 feet to c /2 witix a yelIow piss,cop stamped WC.l for c WOOD... OWNHOMES TRACT A-4,PHASE i corner of Quad Meadow Park south of alley e City o wN- o g t e Plot t Notary ub c n end r> State of Texan Te Ibis Way- south ne ofa ey Wiirfete nddDocu - 2020032 010001230r(B o4 2020,Pug 218), Mop Records, Collin Paving.7.f perpendicular p i ng area. County,Texas No THENCE �y Commission Expires. N:2055787-60 E2550672.n3 El=V.65688 e sr outh line,a distance /2 with i p tc p stamped JVC found for the southeast sornor of said A..., SURVEYORS CCRTIEtCAIE_ ding n of this addition by metes and boas.is a violation of G. KNOW L E B E E - do tort ordinance d s five 5 rd.' s b THENCE Northerly,with the erst line of od Addition,Cne following ()c.urses rnU c to fines and witilholdingo uulnes astone.- prepowd this plat from on e te ras hey 6.under and that budding pers.5 monuments shown there. s s properly P my person, supervision n 2 Amen.Center lota,a Common Area lotsena be owned and maintained y North 00 `5 82 feet to 1/2 accortl the Subdivision Ordinance y of N) Nhe 1t uitenance b M1 f7 and d inch won rod with a plastic:'.p stomped"JVC"for u o corner, between the g -a,- y placed nxs y /EN DER tdY(NAND AND SEAL OF OFFICE,the c Prtrram the oodp EMA Firm g OO yrf Sou 89 g 8 t 5 t d' ,.. feet toe 1/2day o` Proposed outside anger p 'JVC„ 4 I�Tv pc C S 1LOeL't AND1E,Lh.GMSyS 48085. a IncF on rod with y plastic pstompedfound or come.; - 0— dated funn2 a009. at too 1/2 Easements are hereby given and d° The orea or oreos shown on the p inch on rod with 5 P sstc cup stamped foundG2C'Noi th 45 degrees 41 minutes 55 sec..West,a tl o co er, easement to provide City.to the a got upon North<C degrees l 5 toot d t, distance 8..00 Easement. visibility, trightShould I the C'obligation 9 t t 1. M feet to a 1/Z wright, YAN S E' D P. nch Br n rotl won a ye ow pastic cap sto sped'JVC" nd ar corne.', then n Registered dProfessional Surveyor No.6385 nnprovemerts,including without limitation,any trees,shrubs,flowers,ground cover ond nE North 44 degf ees IS minutes 05 seconds Ea., o distance.14 14 e_oo the fixtures The City ni.withdraw DIN or BECNUNG canto g 171 acres or an,mare a es No buiiding,fence,shrub,ti ee or a t ,t t t FINAL PLAT acrossimprovements er growths.which in any ay 6 sod.,or interfere wit,the visibility,shall be constructed in,on,over,V. t G'i t t tag d Court SOWN g t, de WOODBRIDGE mans on the VAN4 Casement and to,en,ove a,cbstluction thereon The Cdy, ds BEFORE f t successors,assigns,or agents shcl,hove the right and prmlege at°II times to enter doy personally appeor,d Ryon 5 Re,olds,lond d TOWNHOMES upo' Los y p thereof purposes and with a. rights and q to me h executed the pi es eet forthherein purpose=a considerations' expressed TRACT A-4,PHASE 3 GIVEN UNDER v HAND _A or OFFICE,this s day a 6.171 ACRES 20_ LOTS 36-50,BLOCK 3; TYPICAL INTERSECTION DETAIL LOTS 1-46,BLOCK 6, LOTS 15,28,BLOCK STREET ._... _.__.. ......._...____._._.. I5 TOWNHOMF.LtifS Notary Publw in and for State of texas OUT Of-THE V5 I WILLIAM SACHSE SURHER,ABSTRACT NO.835 CITY OF WYLIE \�� / y Commission EX,PS: Woodbridge Tow homes l LTD COLLIN COUNTY,TEXAS 15 at T ( rr N dr 6 6 IS Oh v sle 800E Campbell Road,Suite 130 Richardson,a,S081 PEo sT - r ' Phone:214-348-1300 r RIM Fax:214-348-1720 ZONED:PD-TH 2O18-29 uTalTv e Y ESINT ry.uE,I ) Ilui Contact,Daryl Herzog 18 April 2022 w a) ¢ dN SHEET 2 OF I O.w. Engineer/Surveyor 0 e (S y JohnsVmkC e Inc. t 3OHN O VOLK 104Central Parkway E et,Suite 1200 Plano,T sT50T4TWO, FI YT €N S72-201-3100 sommssmmsm Contact lay Volk „..wand oar'mix mmst"x ,..a vN to 46 05/31/2022 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, Ordinance No. 2022-42 regarding a change in zoning from PD-SF-ED to PD-ED to allow for an ccessory Dwelling Unit,property located at 801 Lake Ranch Ln. (ZC 2022-09). Recommendation Motion to approve Item as presented. Discussion On May 10, 2022, City Council approved a zoning change from PD-SF-ED to PD-ED to allow for an Accessory Dwelling Unit,property located at 801 Lake Ranch Lane,being Zoning Case 2022-09. Final approval of Zoning Case 2022-09 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause,a severability clause, and an effective date. The subject ordinance allows for the rezoning.Exhibit A(Legal Description),Exhibit B(Zoning Exhibit),and Exhibit C(SUP Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Financial Summary/Strategic Goals 47 05/31/2022 Item H. ORDINANCE NO. 2022-42 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 2022-09, FROM PD-SF-ED TO PD-ED TO ALLOW FOR AN ACCESSORY DWELLING UNIT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development - Estate District (PD-ED), said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Planned Development Conditions are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: 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 7: 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. Ordinance No.2022-42—801 Lake Ranch Lane(ZC 2022-09) Page 1 of 2 48 05/31/2022 Item H. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as 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 31st day of May, 2022. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: June 8,2022,in The Wylie News Ordinance No.2022-42—801 Lake Ranch Lane(ZC 2022-09) Page 2 of 2 49 05/31/2022 Item H. e a C.,!,;"4 Ao heemapnor plNfil,ersof recorded n V°lue I'Pge'159'°f ReocN°f Coltinf 4YoUn}Y.i the Ma axas. , ,... CCC ^fro ir°cfssc Edgress e e C.Pa se 193 aed Easi R°nMes recorded n Vo ume 135T g 83 fte° p Y acords Co n Co y exos. , u ,rs F 0'Y 0. G > flt '/ ry ur: vas S x.k 11 ME K"r � X /' K \ J-\f R 9 P f d S cBry C ) rYt ns Yo o.1 � ��' of the d g d h pl tN f d p Y f fh ,, n J ahen 2 , ... .. ., 51 � p 9f aenr°tya ' afad and ere re no v s btm an d apparent n ouchmenis o p irus ons on the 4round. Au e x xo A) 8 n dAS RtNf kr:.u" 4w+.NF / sr E o -- ftag Bier P ofess ona E Surveyor No.5513 nr kvv 0 a 100 50 0 100' 200' -�n ears �� a d s nv n.n �.a ,a ,E,„a . vrt ...a.. w. , SCALE 1 =100' DATE -(REeV ONS "TCS -- O iwow.a.r.. J ( t>.( er xE<oxoeo P. *,�.,�* 1. ... ....rv0*E:eEnR xGs Ensfu[rvii<rvo eU D rve rrvEs nRE ConDTOxpo ° '� I'2 Ib . f e t27 f� !ACRES ^I lC I i Ct! n«Er o,IE�,EE noTEo.eft°>Eft sn1: T + ;. 1 >NO E.:EME aa SON,>NEn .; _ _ ... . e3r �'CTLIT REPTI#3LIC' .. ...1 ) _ xrtx ......... .. rna, arrx r...a .o �. _ ` I 50 05/31/2022 Item H. DocuSign Envelope ID 7D9FD245-C1B3-4236-A588-938D924FFE9A N 83°0000"E 277 75' •, so , ct. ...-^"-----'----.-- ----... Z ,-'- .,,,-""---'- , ---- --,„,,,. , --'--- x '0 0 „ EXISTING ---,_ \ ,'. CD Lu CO z BARBED WIRE ---\--. --''' 50 BUILDING Lia N FENCE ,, ..,,,,_. SETBACK LINE , ,' cl - ,:„o 1 NI U ' ------ N) --- Z i Z -z ...___, ----- F7-- , 801 LAKE RANCH WOOD FENCE EXISTING \/ \ LANE .1,,:-„ pz ,,---- -,---- ,,- W/ POSTS l'- K-' 4 54 0 a EXISTING- \ \ II; CULVERT - w w -, BARBED WIRE $3.1*-\\ t I E. SIZE T.B D --., 0 0 Z,- FENCE \ \ _ R.I77 16' ,'-' -•-• a3a" ( RESIDENCEs /1\ \ § N EXISTING 0,4 • FLAT WORK .10' ) .,„„,----GRAVEL ROAD .,, c''3 1 g . \ 0. . , ,... t-, c.) z -. 7, ,0 0 „. g, EXISTING PIPE s,) / c;\• -: FENCE S' --„,_, ----„,„_„, \ • b / 3\ ADDITIONAL FLAT WORK c',;) • <<'..,,_ v S' Tz, -----__, 6' 4-1/ / ,C, / G\'` ADDITIONAL COSTS MY BE z ri REQUIRED FOR DROP BEAMS, vi, 0 6. ,40, / ".'4, "..• =/ / '''') CURBS SLOPES, ETC. THIS ".÷:''„,4. , EXISTING PIPE WATER ii, , / W WILL BE DETERMINED AT ^ / \\ SHUTOFF FOR /.2-t -----,t '' ,'\\•,/ , FENCE ---- , - / PRE-CONSTRUCTION. ,-, 100 YEAR FEMA 04) c\t\o,,\\„6,1— L„.134 36' \ .-,' ,-,. 'w uncr oo -, =,. r, &' 4 ., - - - , < FLOODPLAIN \ :.., , „ , . . - K w .,, ,-.' ,':' --') 4tee\i„ t,,,- . ‹‘ MAIN WATER METER \ con EXISBTLINDGG.ON,E ,> \ ONE-STORY VI STORY FRAME FRAME/BRICK .i.---'7) / \ BARNDOMINIUM-F,Z5---- e-,... / \ • LO 18'-0" x --". PROPANE TANK CATION AND QUANTITY ,., EXISTING •-,,, , \ // - \,, // FLAT WORK, LOCATION TBD 7,.•,1,,Lt BARBED WIRE '----- ,-' ,,,, OF A/C CONDENSERS TO •'w:9 FENCE -- / /' ' SEPTIC SYSTEM BE DETERMINED BY -;,,`:----,- ,-e \ / -EXISTING EXISTING .1,:. „-'.- \\ // EXISTING / GRAVEL DRIVE LOCATION TBD MECHANICAL COMPANY 2 ---- ot- SHED \ \ / CAR PORT F2%L \ LOT COVERAGE CALCULATION EXISTING ONE • LOT SIZE 1,212,309 SQ. FT.\ STORY METAL--' \ / NEW SLAB 5,396 SQ. FT. E-; Date: / \ / BLDG. / NEW FLAT WORK 1,958 SQ. FT. z 0'; 11-3-20 \ o ro &* 2,-, Designer: -•: .s ." ,. ; DWV PLOT PLAN vr „.. 1,; SHEET _... EXISTING TREE 0 EXISTING TREE 0 SCALE: I".40'-0" / / ' TO BE REMOVED '-' S-2 51 05/31/2022 Item H. DocuSign Envelope ID 7D9FD245-C1B3-4236-A588-938D924FFE9A \ FINAL PLANS I LI 1 Li Li 1_II 11 ILI _ILIIIIL[11111111111111 I _ 10/22/21 li 11111 1ii IIIlir_ 1111 11 . 1111 ii 11111 i j 11 ill II ,, il illli 111111111J ill 1 11111 712 0611 ,2 111111 ALT 111111111111 ,111111111111L11.1 '-ri(k &eiLtiA,S,11,i1,1 11 i il 1111 Lil El i 1111_1 L1111_11[111 JIL111111 ,_ 630 FIXED PURCIIA5115/051NIR 8 X6 SC3 CORBELS(TYP OF 6) '2 1111111 1111 J1 111111_111111 1111 11L1111111d 411 (BLACKED OUT) 1 1 ROWLOCK N .......gh, , TYP OF 2 BC FIOSI R/OWNER 1-, 2 112 a L1111- ,7...t.N. ,4 , ,i111[ 1 0 SOLDIER 5AI ES(ONSULIANT a X6 WOOD LINTEL T I I T I 1.11 111111 1111,1 ILI J.1 .1.111,1_11.1 411-p ". 11[I.,2„I III 11 ILL.1 .,'v. (BEYOND) (TYP OF 4) I 1 11 11 11111 U1111.1Llilu 111_11 1.111.11 Fr/*fie**, [r_plid in J. -.1 coNs1R5(!ION ll PFRINIFILDFN1 I t 1[551 li J 1111.11 111111 J111,1 1 , 11 lit_jj 1111,11_11mi LH[21 ,L, --,...rvidiret -112,11i1 All[1 li w ,2 J1,11\11[1\,11_1111_iLlill) ,11 44aL,, LI u , Nib z - 111-1 111 L\,1111 U 111_11 Ill 11 „iamb, 12 II 1 A IN:7_,Iff/MEV 1 IX 1 ,2 I 4 12 \ '2 1 NI 151111 11 1 I 1 „367:1•Fato. 112 AS:UCCO A BOtt lierlir ,_4212 le.44. ' LI 1 IOF a' 5 112 "i'. G5 O..) 1 1 111 I I 1 [ .11.4SE kffinto.l.5 ii BOARD ,AF". "-At. NIP' "n22. °Mt% I 1]II L2_1 ' , 2 7 z 30 YR COMPOSITION 1 U ti 111 _11 1.i 211,..10122211 iffilffl-r; 11 11 1 -1-0114 -WW1*. 'Ad 441411 RIMIL.4* I. j j lkh L.T.J< SHINGLES 1 1 1111,1111 11 11111 1\11,\Ell .et`, , ' ..ar - - --,-/Igiollimi!! =illimillommik_kij,-- All (TYP) 1,11141ILLI1111111-11111.11.1 >At-I ' 'I-I- --44 4'2 ''''=AABIAAABRAW"-z- "umnr"affmra---7.1-. I P-L. viiiceiromidat.,,,,,,,,,,,,,,, „Art/A CRICKET MILlirilik i±',4_,0 E'li 5/5 o A, I Z'4 0 WS 4:73.77.--,-- ,. ii -"IN -'11-1- ' ..11:111111.:11111PILM 61•111101-1101111111..41 [I '' o I 717 11 1,11_11_1_1,III I ----/47,41.26BE.Wir ininrifflAL VEMMIERINIIM,MMERF. itIMENNIffloi. w w 4'[..:1 (TYP) m.. Ames aseg6„,m,.. LWra, .24di DE 0 ii dElfad1111111114.1" "11 111.1 El Om IV BRICK .,,..,,,. s a . .... ‘,;, 'HisfillibEgra_.:_c. 111 7.., ,,L i-_ L.11 SamESIInies 'la DOUBLE 16 ES OR 44 ROWLOCK OO ,., ' J -- r-....:_.P1611100.1: 1'i Ir IIIII LalgintkrINKIMEEll C4., 4 X6 X28 584 BRACKET c5 F•t,41 (TYF OF 5) W4:4 FRONT ELEVATION SCALE: 1/8"=1'-0" cr .444 cr I 100%MASONRY CONSTRUCTION 30 YR COMPOSITION = S 1 SHINGLES _ 12 1 Illi[11111,, © .2 = I2 1 Lthil 1111 11 IL1 rx g = N e. 9i— 111111 IlL1111111111111 111 PA E,-0 „,o '4 g. .4111114iiiti i lin 1114,Jiti I 11111i1) 1111U 1111111111111111U Hill ., 11 11__1_,_1,_[ 4 [,-;,: ,, II Ii1, 11 1111 II 111111[11 11J PA w I 11 U1LJ 111_111111 11111U 11111 11 1111 U 111 LII III ,...-, 0 g -I-I'IM1LIT1-91'LL191Y-LudIT-Liffltl-'(LIT-dIrUI-L4nti911-dIrITLYJJ"ljilIdIrli- 19 Li 144] i J I I] 111111 1111,1 111111 11111 1111 1 11.1_11 11111 1E1 111 11 11 r---,t („) .*=. 1 J 'Ind 11 L111 IJI 1111[1 1111[1 1 1111 1111[ 1 jirl u 11 wj III LH[ 1 ,, J111111L111111L11111111111111111L11111.111111111111J1111.111 11111111_1 t., ,''''', 1111 1 L111111 II HUI 1 L111111111 I1L1 11111111_11111 1111 1111111 1111_11 1111 111111 1 1111i111.11,11 II,1 L 11111 ,I 1,11 1111 LIJI.[1 11L11 till 1 L J_LLILL-_-_,,-- - - ---_-, '' 'E-.." g4 .2 ,.? _111 LILIL LIU LILL LILILIL LI-1 LILL LLILIL LI-11_1111_1 LULL]]LILL]ULU]LILill-LULJ 1 u ill i[ ] 1 1 11 u 11111 i 111 u 1111 11 11 Li II 111111 1111 U 111111 1111 II II ILI 1 I 1 H111111111 lir-8 X6 SC3 CORBELS I1J111 tilt 11 1111 L 1111 111.111111U 11111111.1111 LI,_11 111111 J1 1111,111111111 ,I1111 11,111 7411 1 1111 lill[ 11111111 11 111i1 1 WI III [11111 j 1 II J Illi ?..E. 0 `,'IL IA dILI1L1111,_1111 ,1ILII1,111111,111111Ii111111,12111111.,11_11111111,11F11,1L_Iild d1,1111, 11111111_1111111U 111111 UILII 1111' 1111111 U11_11 111111111111 1111111 11111U ULL t 0 1 1 1 1 1 ' k1.1 11 11 I L 1,11i ,I 1,_11 111111,1H 11LI1 111111,1111 111111111 J 1.11 LI 11111 1111,1 IL LI ,„ .1- _LULU II 1[ 1 1,1 II 1,1_11 1 11,1 II 1 1,, 117111,11 LILL HI LLILLI (L111111111 J111.1 111111 1,1111 ilL11 1.1,111 1,11.11 111111 111111 .7,<. _II Ilu 1111 11 Illil 1 [11u 1111 II II U IILI[HI 1111 U111111111111111 LI .„,,,,,,,rfu[h] 'Hui LILL_HA ILLu Lllit, LH dui HAIL Liu ill dr lind Lill" LI! , L•`ZE,.. 111 ,111111.1,llildliblnil Hili1J[111111111111,1A1H1111111111,11111111L1,11[11111111111L1,1111. ' 1111111 111111111111 IIIIII 1111111111U 1111111111111111111PJ 1111111111111111_1_, [ -,.. 111L1-11[1111-111111,1 L1111 11111111Eu 111111 Iiiiii i1lij Illin miui111,L11111 111[111111U 111111111-1111 1. .1 II II Ulll 1 LI II III 111111 I LLII !HI 11111111 11111U IILI 1111 IL ,'-' - 83 _L11_11111 11 1111ELILLLJ111 11_ ILI ULU-LLILLIJ LI_I Li LILJLILLILI LI JllI U 11ILLILIL111_11 11ILLILI-LI] Lk]II LILL-ILI UL_IL11 II LI LILIL LIU JUL LI UHL LIU J.111111 LIL11_1111 1111u 11_141.ti 11111111111 111111,1111 ,111111111L.1d1.11 1.11111 111.1 J. 1,1111 1.11 ,&,' :f-, 111111"1" ' IlirfanU11111.14"1811111111111118111 1111"1111n1111" 14--)-- ,I 1111111111111111,i 111111 11111111111i 1.11111 Lill 11111i J111111,-l_k-ib] <..' S DEC. s.i.fAsrepot,mffl-11am.-r_a-utumrum„tkiit.fiimsirrmmraf&usmmiTur.emTwAmWa,a Og-mPmgraTa4g-.2muE,•mw1ma1u6,0msamTuaiuism.r.ermi,st iaItnamnmzarimmrauamlmmtumeamrDrianmarumrm2em-nmmu1/2m ealliTmALT45i.•1 1+77:5532. saiuii.4m7.i-ur..jm4.-.-p-i-cir,m942L410-.4li.-n.i,3.P-.mIsuOm.iN nv ' :4T0 ..._.?, . 52F Date: gP , 11-3-2 0 11 1 1 1`5" ONE '"F Designer: a s s- BR' Pregintejszesn7FIEumr&EVERBEN --iiiiffiaiTzwrigr„--MaNatraw_re-EMEFTEBIAILENno7E-NnougArEMEBEiffin4wm,arnitnazellifarterafauffintirmairitai;:, ss „,'..)5:-:. DWV 0 .), , - "'"''''''-'-' '''' . , , '''' ROWLOCK SILL(TYP) 4'X6 028 S84 BRACKET(TYP) -DOUBLE ROWLOCK :C.. ,r, SHEET LEFT ELEVATION SCALE: 1/8"=1'-0" r,'; 3 .. 52 05/31/2022 Item H. DocuSign Envelope ID:7D9FD245-C1B3-4236-A588-938D924FFE9A FINAL PLANS , 1 11111111 IIIII 10/22/21 411111j1111111 111111 11111L 11111111 111111 111111 HU;LILLE ,, 1 1111_111111111 1111 11111aLLL11 1 DATE 12 J111_111111111111.11 [1111111J111_111,1111 ' ,2 WI. ,L4-da.„146.!-E,ik. ,21- .,11,11_1111[1_111111 111111111 III_1111[1.1111111111 , PURCHASER/OWNER 30 YR COMPOSITION-‘ .4 11 II.11[I._till il 111111 J11111_11 LI[1_1111_11111111111 l2 SHINGLES 11-1[1..113111 111111111111 1111 11.11,1111 111111111111111 Pt RCIIASER/OWNER 1111111111111_111111111i[111111111J11111111_11111111,11, w11111111.11111111[1.111111 111111 11.11,11_11111_111111 hail 11.11,1 , SALTS CONS1,LTANT 'd J11111111_1111[1_11,11,111111111111 11_1111 11_1111,1[._11111111111111f1111111.- _ _ _ _ , [1111),,,N ' ' 1111 1111 Li 111111 I II L11_111111_11 1111 Ill 1 1 _11114 Jp,T, A BR ,Ili111-1[11111111g111111II:11.1111,1311,w111[1[11, , CONSTRIVTION SUPERINTENDENT 4 IA II 111 111111 111111.11 11 11 111111_11H 11,111 „ . '114113,11,11_,w_ .,1-,1211-11_,IJJJ11:1Jii 111[1111 z/.,,,-7,',-,,-,;-,40.,,,p* U 11 II LI '` ' '2 111111 111111 111111 1111 d 111d-d 4 it- 1111 11 1111,1. '1_1111U C11111 /113.p111[[11,511111-d-r,111111[1111,,,, L., . 111111111111J1 11 I-11211111 11 11-111111B'd'Ak",,J111[12_11 ,aff- e-erk,, 11' 1_1111[tw_1111J1.11 11_2_1 / [ -,111 .1\•.------N /2 Z 1.1.] ...H .MM,.. 'k,11-141111.41-P-'41-JJ-4-1,1J4-1-111, A -k-• ],,,, „„ii ili II 11_II h2111111/*,,,,11 -,21,2221'4 1,2 1,-7 ,21-, 1 111111 111111111i d ' J111,11 HI LILL] 1 .,lif& W ' 1,21J11111_111111_11L 11,11'_-_,[1. ' ' .aismost.s 73z A 1 I UM 1 is ditja3,,,,,,II, 11,11 1.24r .11,f jo',,,, 111 J11111_11,11 ,1 j ' p,•11 ; 1111111 ;;;;; iliiii 11[11111 3°1-,1171P4 pr,‘• , ' 11111111 11 11,11 L L d - ...new ROWLOCK . 1 1 1 1,1 1111 11 HUI 1111 11 1111 16HLiti 11 „iilAr m : - . 1111_11 / , , .:. 4 '11,,,,111.11111/1111Aw11d111 A. 1 li 11[1 11111 . 1i ,,;.., 1 A i '..16. 11 11111 ` ` .. 31auza.m.,, wz-w .411111111, 1 L g -,st- s‘ v) A' I 11111111111 ikpb 127 112 I tyr IT• 7,1'4 01'5' mak AIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIr '' -0- ----51-,--,--,-WELEIBb,—*NX, ir"""""1".'""la ".""7 li PW1211 'Oliiirklailfir _________, —.....1 .,,, ME re.ftESESIE ,_,.-1 SOLDIER -" , q Ltsm , 3 limas a ME"' .WEIMIMEIMI.' EIMENEVEd 0?a7. ' SIDS /MI Ma I NESSEEMESISES 8 ai A re,arthira ffl-i 1E1 i, F-.. li „ pang, ' '''''''' BRICK -' . ',.. . 4 iqu-gribemr'--— -- ME MEE 60E41 1 ,9- ill amagrummr- -.Airdi d _"AragiriAri1:3MM go a I HER a Aama, I I L 1)BRICK- rareargoftw 1 .., i asim sraqi ma 1 1 MBA ligERNMEP: ATWIO INEME"-ralral Mirr'"'""TMEO gis-aad a pramq----— -ROWLOCK SILL(TYP) FLATWORK / 4X6'.X36"SB2 6x6 REALPOST BRACKET(TYP 2) g SEE 02/SHEET 5 ILS REAR ELEVATION FOR DETA SCALE: 1/8".1'-0" 7 w s .4 coo E d W ' A S 112 12 _111111111111 C.,) = -[ 7 III 1111_11 111111 11' o d' = 111111J111 d 1111[111 g g cz ,s• 8"X6''SC3 ORBELS \ 30 YR COMPOSITION-, J11111111111_111111,111111 1111 PL1 E..., 0 p g SHINGLES '-'-', „1 111111 U_LI-Llitilliiii11111.11 U2 0 -' J1 , E1 1111[1._111111 111111.1111,11,1111[1._111111 J 30 YR COMPOSITION Elld'11111}1,111111,11J _111111 111111J11111J11.111_11[111 1111 L11111.11 12 Ce rg „? iiLiii111 Lill HI 11111,11_111111111111_111111,1111,11_1111111111 111111 91 12 ' 1 1 ,,,,T., 0 ''' 111111111( 1111111111_1111_1111111 U111111111111[1[1 111111 U1111111111 1 1 1 9 1 1 L1' 1 1 1 1111 11 UHL 1 HI 11 1111 11 Hill 1 1111 , = = . d 111111 1 [11111111111111111111 11111111_1111111111 1111[1_111111111111_111111 1 1 ' ' [11[ , 1111111111111111 111 1 1111111111111111111111 -.. - [[,[ C ,11 Hi ' HUI 11I1 1 1111U 1111 11 1111 1 11I1 1 1111 11 1I11[1 1111 1 1111 1 1111 1 ' 1 1111111111111 111111111111111111111111111111111111111111111 '''''z PP [::, [7 Nt11111111[111111111111111111,'11[Ftl'11110111111 111 11111111 J11111111111111111111 J11111111111111111111 J1111111111111111111 J 1111111 _11111111d 1111 J 1 111111111_111111_111JUJI111111J111_11111111 P- 78 1 1111d 1111 1 r li j 111111111H 1 I LH J LIU 1 LH 11 LIU 1 LIL1 1 LIU 1 LH 11 11 LI 11 LH 11 111111 LH 11 LIU II 11[1111111_111111L1 [Luil 1111_1111114 1 1.111 L111,111 111111111111_11,1[11.111,111 I ..,,- 11111111111 11, 11 111111[11 J111111111i 111111111111111111111i 111111111111111111111i 111111111111111 JIM 111111111111111 J111 1 ' 1.1,LLIL11,111111111111[1.111111.1d11__ t p11 1111 JIlli 1 , H 11111 11111.1111i 1111111111 111111111111111111111d 11111111111111111111d 111111111d 111,111111d LIU 1 LlUd 11Li 1 ULI 1 LILIJ 11111 , 119 11,1111,1111_11_1111111111,11_111 1 01' ,i'8'' ' I111111111111111111 11111 J1111 J1111 11111 11111J1111J1111 111111,1111 1111J1111 1111111111 J 11111111111111 11111 J 11111111111111 11111 J 1111111111 .1[1_11i1[1,111L11_1[J111111111.11 1 11111 111111111111 ,11111111111111111111111[11111111111111111111111111111[111111111111111111111111[11111111111111111111111[111111111111111111 .1111.11_1111111111111111,11,11 1 ;;''-? ' , , 1 1 111111 , 1 1 1111111111J1111[1111i111111[11111,11111[ 111111L1111 111111L1111 1 III'[LII1J 1 , 11111111_,1111,111111 _ 't t-'2 1111111 1 Hui 11111i 11111j Mill IIII u 11111i 11111j Mill 11111111111111111j Mill Illq 11111111111j Mill 11141 1111111111:J11111' 1 1 IN Hill 1111,11.111 I ..3 .. 4''X6''X28'SB4 , 111111 1 I ii11U1 1111 11 11111112 lUi HUI 1111[1 111.1 1,1111Ui HUI 1111[1 111.1 1,1111U1 Mill Mill 111.1 LH 11 HU, 111111 11 11111 1 111.1 1111 Mill 11Ili111 El BRACKET(TYP) 1 1 1 1 11[ ' ' 1111[1 HI 11 1111 i 11111, 1111111111111111111111111111111111111 11111 1111111 H111111111, ' 111111111111111111[111111111111 1.. I 1111 p_Ig 1, i ; ' ' ' 1 I.,' 111111111111j 1111[1 1 ' 1 WILLI .. , ....e2 1j" A 11111 IIIIII d111111111111IIIIIIIIII d111111111111 dr -- - - ; , r ii .1-- -- - - - , , 12- 1 „. ; axe - ,"4,--------' =---- *11W4A.MAgs.ALISIELEMELEMBELVIE111 Iffill MI MI 1 1 11 1 i 1 i II I 1 I a"ni-L-1=57FM ------"FdaTiLli '1.119361741.-EMES BR,„ ._,.:= .72:AtairgaldiarrA7Arrboora A:2 4. minzumusrmr.1 AIBLEELEMEK'i' 'F.."......aqF-Mtqf!ME _--..-AVE: .., ,..M:...,......_ L -._ ,_ , , L 0,e:ens e.e , Imr:112247.5"-, L L.--,-..,-...r.,•..,.ala, ...asa. 11... ... .....,,M.ffio'n,..........! ....-......... ' ....-............, L.,..........,....., , L....„.....,.....11-.. ................ A r:F Date: ' o " c, .miaMIREEEMBEIffilliM. EMEMPIM.im STONE 27, , 7 .F4 Designer: L ,'::1111IIII:TY_ A-L,44,, 7F,Y.I'L',Y7LL , .117Y'Ftil, ,rL ,"",''It;;-""irC,IL'',1,'1";':');'.277-$'1';'InliffligM i - :TREAL .7.70211................... .. . .. . . ...... ` . -.re,: r .7 T a,_ ,,00.00., ...r ,...00.0104040,_,ril,n,rI 1,ril rj, rrini,v, , .o'LIl. .,i5! DWV N. , N ROWLOCK SILL(TYR) BRICK 4'X6'X36"S82 J ',', SHEET BRACKET(TYB 2) RIGHT ELEVATION SCALE: 1/8"=1'-0" '1.''"I' 4 ,....F-, 53 05/31/2022 Item H. Lake Ranch Lot 8A EXHIBIT "B" Conditions For Planned Development I. PURPOSE: The purpose of this Planned Development is to allow for the residential development of a primary residence and the allowance of an accessory dwelling unit on the same lot. II. GENERAL CONDITIONS: 1. These PD Conditions, nor the zoning exhibit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The underlying zoning for this Planned Development shall be Single Family Estate District (SF-ED). Unless otherwise specified herein, SF-ED regulations (adopted as of April 2021) shall apply. 3. The design and development of Lake Ranch Lot 8A shall be in accordance with Section III below and the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. Section 3.1.B of the April 2021 Zoning Ordinance is replaced with the following: a. Purpose: ED-PD is a residential district for detached houses with a maximum of one Accessory Dwelling Unit (ADU) on individual lots and requiring a minimum lot size of two acres. The cultivation of agricultural crops and livestock are allowed. b. Permitted Uses: See Use Chart in Article 5, Section 5.1. c. Development Standards: Following are the yard, lot and space requirements for the Estate District - Planned Development, including density, height, lot and unit size. Page 1 of 3 54 05/31/2022 Item H. Figure 3-2 - Estate District-Planned Development(ED-PD) Lot Dimensions Minimum Lot size Two acres Minimum Lot width 100 feet Minimum Lot depth 200 feet Dwelling Regulations Minimum main dwelling size 3,000 square feet Maximum ADU size 60% of main dwelling Yard Requirements (Main Dwelling) Front Yard setback 35 feet Side Yard setback 20 feet Read Yard 100 feet Yard Requirements (Accessory Dwelling) Front Yard setback 70 feet or 10 feet from Main Side Yard setback 10 feet Read Yard 25 feet Structure Heights Main Dwelling 40 feet Accessory Dwelling 30 feet Accessory Structures 30 feet d. Additional Provisions: i. Section 3.4 Residential Design Standards of the April 2021 Zoning Ordinance shall guide all other dwelling and site design unless provided herein. ii. A minimum separation of 50 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Page 2 of 3 55 05/31/2022 Item H. iii. Agricultural buildings for the purpose of this provision means those buildings used for the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. iv. No more than two animal units per acre of pasture area. A mother and her un-weaned young are considered one animal unit. v. Livestock animals are limited exclusively to chickens or horses and other equine species, cattle, llamas, sheep and goats. Swine and fowl are expressly prohibited. Domestic animals are allowed consistent with the Code of Ordinances. Other types of animals which introduce an unusual disturbance to the community or adjoining property owners shall not be maintained. vi. Accessory structures in the Estate District, except garages, must be located behind the main dwelling in the rear yard. vii. Refer to additional requirements in Article 7, General Development Regulations. 2. Section 3.F.1 Building Bulk and Articulation is replaced with the following: a. In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the façade shall be offset a minimum of 1 feet either protruding from or recessed back from the remainder of the façade. 3. Section 3.F.3 Exterior Facade Materials is replaced with the following: a. All residential units shall be constructed of materials compatible with the International Building Code in effect at the time of permitting. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. 4. Section III.3.6.F of the Subdivision Regulations is replaced with the following: a. A maximum of two septic tanks are allowed on the property, limited in capacity to the needs of the dwelling units as determined by the City Building Official. Page 3 of 3 56 05/31/2022 Item I. Wylie City Council CITY OF AGENDA REPORT Department: Public Works Account Code: 100-5411-54990 Prepared By: Tim Porter Subject Consider,and act upon,Resolution No. 2022-17(R),repealing Resolution No.2022-14(R), and authorizing the City Manager of the City of Wylie, Texas, or his designee, to execute an Advance Funding Agreement between the State of Texas and the City of Wylie, and to take any and all other actions necessary to effectuate the same; and providing for an effective date I ereof. Recommendation I otion to approve Item as presented. Discussion As requested by TxDOT, Resolution No. 2022-14(R) for Agenda Item 7 from the April 26, 2022 City Council Meeting was rewritten to include more detail regarding the project scope, as well as identify a funding source for the project. Approval of this item repeals Resolution No. 2022-14(R) and establishes a new Resolution. The Advanced Funding Agreement(AFA) approved at the April 26th meeting stays the same and the discussion from the previous meeting is repeated below for consistency. Improvements to the intersections of FM 544&McCreary Road and Hwy 78 &E Brown Street have been selected to receive funding from the Texas Department of Transportation's (TxDOT) Highway Safety Improvement Program (HSIP). The attached Advance Funding Agreement(AFA) specifies the terms and conditions of the funding as well as the project cost. Council previously approved a contract with Kimley-Horn and Associates,Inc. for design and TxDOT coordination services regarding this project and the construction plans are currently 95%complete.TxDOT must encumber the construction funding for this project by June of 2022 and as well,plans must be finalized in the Spring of 2022 for this project to be successful. Under this agreement, the City agrees to pay TxDOT approximately 7% of the total project costs. A summary of the costs is outlined below. Description:>• .......... Local Entity Cost ...• Federal/ tate Cost Amount Owed to State .wwwwww Engineering $98,000 $0 $0 Construction $0 $1,204,609 $0 Direct Costs $112,510 $0 $112,510 Indirect State Cost $0 $62,134 $0 Totals: $210,510 $1266,743.45 $112,510 Since TxDOT requires that only the lead local entity enter into the AFA, Wylie must execute this contract directly with the State. Staff has reached out to the City of Murphy to participate and is working on language for an ILA regarding the estimated $60,207 match,which includes engineering design. 57 05/31/2022 Item I. Funds for this project will be from General Funds-Streets as outlined in the budget and carried forward from Fiscal Year 2020- 2021. Staff recommends use of these funds for the City's Local Participation match outlined in Attachment C of the AFA document. Financial Summary/Strategic Goals Infrastructure. 58 05/31/2022 Item I. RESOLUTION NO. 2022-17(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING RESOLUTION NO. 2022-14(R), AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, OR HIS DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF WYLIE, AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute, on behalf of the City of Wylie,the Advance Funding Agreement with the State of Texas,in the form attached hereto. SECTION 2.The City Council authorizes an Advanced Funding Agreement with the State of Texas for the improvement of traffic signals, improvement of pedestrian signals and addition of left turn lanes at the intersections of State Highway (SH) 78 at Brown Street and Farm to Market (FM) 544 at McCreary Road. SECTION 3. The funding for this expenditure is available in the Streets and Alleys budget within the General Fund. SECTION 4. A copy of this resolution shall be forwarded to the Texas Department of Transportation. SECTION 5. This resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 31st day of May, 2022. Matthew Porter,Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2022-17(R)TxDOT Advance Funding Agreement Page 1 of 2 3550263 59 05/31/2022 Item I. Form of Agreement [21 pages attached hereto] Resolution No. 2022-17(R)TxDOT Advance Funding Agreement Page 2 of 2 3550263 60 05/31/2022 Item I. TxDOTi Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program Project On-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Wylie, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116073 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as improving traffic signals, improving pedestrian signals and adding left turn lane. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated (Enter Date of Resolution), which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the AFA LongGen Page 1 of 17 Rev. 12/10/2021 61 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government Utilities Article 8 2. Local Government Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. State Construction Responsibilities Article 12 5. Local Government Right of Way and Real Property Article 14 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of— CSJ 0281-02-075, improving traffic signals, improving pedestrian signals and adding left turn lane on SH 78 at East Brown Street and CSJ 0619-03-0364, improving traffic signals, improving pedestrian signals and adding left turn lane at the intersection of FM 544 at McCreary Road as shown in Attachment B, Location Map. 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may AFA LongGen Page 2 of 17 Rev. 12/10/2021 62 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2)further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3)work requested by the Local AFA LongGen Page 3 of 17 Rev. 12/10/2021 63 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. 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 AFA LongGen Page 4 of 17 Rev. 12/10/2021 64 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds AFA LongGen Page 5 of 17 Rev. 12/10/2021 65 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for AFA LongGen Page 6 of 17 Rev. 12/10/2021 66 05/31/2022 Item I. TxDOTi Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. AFA LongGen Page 7 of 17 Rev. 12/10/2021 67 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall be responsible for the following: A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. B. If the Local Government is the owner of any part of the Project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this Agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. E. In the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Government for any real property acquired before execution of this Agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. AFA LongGen Page 8 of 17 Rev. 12/10/2021 68 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices AFA LongGen Page 9 of 17 Rev. 12/10/2021 69 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Wylie Texas Department of Transportation 300 Country Club Dr. #100 ATTN: Director of Contract Services Wylie, TX 75098 125 E. 11 th Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither 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. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20. Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA LongGen Page 10 of 17 Rev. 12/10/2021 70 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. AFA LongGen Page 11 of 17 Rev. 12/10/2021 71__,' 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or AFA LongGen Page 12 of 17 Rev. 12/10/2021 72 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. AFA LongGen Page 13 of 17 Rev. 12/10/2021 73 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 AFA LongGen Page 14 of 17 Rev. 12/10/2021 74 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09- AFA LongGen Page 15 of 17 Rev. 12/10/2021 75 oo13112noc Item 1. TxDOT: Federal Highway Administration: CSJ# 0281-02'075'. 0619-03-064 CFDA No. 20205 . District# 18'Dallas AFA|D Z00002492 CFDA Title Highway Planning and Construction Code Chart G4# 47050 Project Name E. SM7DatE Brown St.; FK8544 AFA Not Used For Research&Development � intersection ofFK8544 McCreary Rd. � 14/pdf/2010-22705.pdf8nd http:/kwwnw.qp0.qov/fdSys/pkq/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that itshall: 1. Obtain and provide to the State 8 Gye[enn for Award Management (GAM) number (Federal Acquisition Regulation, Part 4. Sub-part 4.11) if this award provides more than $25'OOOiO federal funding. The 8AW1 number may b8 obtained by visiting the SAMvvobeit8 whose address is: ht1pS://mxwvv.s3rn.qOv/pVrt8|/pUb|iC/8AK4/ 2. Obtain and provide tothe State a Data Universal Numbering System (DUNS) number, G unique nine-character number that allows federal government tO track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required todoaoby visiting the Dun 0' Bradstreet (D&B) on-line PeQiStr@LiODvVebSit8 h[1p://f8dgOv.dnb.c0[OhwebfUrAl; and 3. Report the total compensation and names of its top five executives tothe State if: i. More than 8O% of annual gross revenues are from the federal government, and those revenues are greater than $25.00O.00O; and ii. The compensation information iS not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report |f federal funds are used: A. The parties Sh@|| comply with the single audit report requirements stipulated in 2 [:FR20O. Uniform Administrative Requin8rnenta, Cost Principles, and Audit Requirements for Federal Awards. B. |f threshold expenditures nf$75O.00OOr more are met during the fiscal year, the Local Government must submit 8 Single Audit Report and Management Letter (if applicable) tOTx[)C)T'S CODlp|i8OC8 DiViSiOD, 125 East 11th Street, /\UStiO. T)< 78701 O[contact TXOOT`S COOOp|i@DCH Division by email at SiOq|eGudits(cbtxdQLqov. C. |f expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit astatement toTx[]C)T-'aCompliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required [o have n single audit performed for FY " D. For each year the Project nemainaopenforfedera| fundingexpanditurua. thu Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life ofthe Agreement, unless otherwise amended or the Project haabeenforma||ydoaed out and OO charges have been incurred within the current fiscal year. AFALongGen Page 1Gnf17 Rev. 12Y1O/2021 oo13112noc Item 1. TxDOT: Federal Highway Administration: CSJ# 0281-02'075'. 0619-03-064 CFDA No. 20205 . District# 18'Dallas AFA|D Z00002492 CFDA Title Highway Planning and Construction Code Chart G4# 47050 Project Name E. SM7DatE Brown St.; FK8544 AFA Not Used For Research&Development � intersection ofFK8544 McCreary Rd. � 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf ofthe entity represented. Each party is signing this Agreement on the date stated under that pady'a signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Typed or Printed Name Typed orPrinted Name Director ofContract Services Typed or Printed Title Typed or Printed Title Date Date AFA LongGen Page 17 of 17 Rev. 12Y10/2021 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 02 Z00002492 81-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. ATTACHMENT A LOCATION MAP SHOWING PROJECT CCSJ: 0281-02-075 ,-}' m ww ; P r a , , @��Nam! k ', �% trn. x b !N sr p.'' '4 0 r' "— r '' r4T• ''"° saF'. ,, w+Ott 'u'" y u-. Y' Y,.l F, „? w:W',,�Y ,, 4u 4 'W i 1 �}e4 vY' w6 1. n y ^ - v 1c,,rt,a , 4 ,H, � , i ,,:,yi. z 4 w ivro Ny qy:-L k W4R YT , " d , { A t h # 4k b Fb' rt r, Sry ' u.A''''' d y wn wM.o4 ^T .v+ y' x � ��'� �ti 'fir , � �� ti "mIt, , �• , :�^ ,� '" k,ID � � a 4h '1 & � � n ' �r , ccSJ 0281-02-4�t 5 �� ,, , , a 4 .' � Brown Street at 78i''' ‘j iolitoot. ,,, . evi q x 4�Wr Vn 1 4 e ti.",1 } w v; ' ,^ , u 4' q1I �#�,.� ' tw,��, c 'y d `�'" :� l�a e- I •.r �'�' r + r l v�y; l y,", „r a . waiN�ww '� 4 � ' ', ! '�. �, 4 @ Il. iu,uoi s ar boo � v� � �, �er � 1 fw rk 1414 -a' 9 01,!� nt r : " Wt � v a "r „ a,t '" r .. I . � rC' im pp ' M Y vM . 7 B ayy W bP m ya ab ' H 75 r t.e ' �' � P , , ° 4a1 w \9 b kr" te� r f ,.,r alM . w, � ��ix A' s w AFA LongGen Attachment A 78 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. ATTACHMENT A LOCATION MAP SHOWING PROJECT CCJ: 0619-03-064 4k"M PA'% -I T ;, µ µJ rt f.' a ` en." � '�°, n� Mw . " ? h "4 AMOO� Y� r.p,,ry,.ry � 6 yiW, �� r,,12 ,,,. '8'e h' ." . y i rv ., ^ . < .`;...,r � f ' ,a',�R w.4' „ yM,P �1S ' ...�, "p q" 1 � ti, .,�°A " ;1'4.::::,.;a , • g,,' .'Ky w,, .A', '� 7- a..,; 4' .u:''I tip^ °; ^,.G --,',rr4 .:>.?,gain{'^r„11w 'G °i,i ' ', "3i ;, r» m '.Y._�,,%.i J-= *w iwf • v ; CSi:0 6 119-0 3-V U rw^ ,*� wR ...,. �, '�i ti;i'IMki°�^',:T c,i,i,''r�°t. "i t'` V „"""' r',T,,T,, ,, q ..,*...�w°;;., ' .rT,.,--'^J'",.4,-, , 'E '{u"ti r"1 �r • 4.' EA.R", R�TPtG„ 4 ,Sd4 ' rdi,°. ; • :I;a1 IPS cit.,„ ; a a ',tea� � i P.r�g � �� o"� N�� ,?v4 . 4 .. it Ya ukY� i," .da� � �e� �� ,�s ;r wra. d .,�.�, � It uJ "a, :^ •+ ' t•�6II44'''1. J . 'N'Sa ' ' ,:tis 'i; : ®,.t. i.3. W� 4 � n � " a. awY�", t „ " t �„ s ,°; j .r �4 oa, :4w, ,�° w� � : .l ` m , � .l^'c ` 9 fi .�- �d,r' ' ,' .s d `-n 4 c p ! �� a . . '':' , " . ,'It',,„ '' yy ''mas 1'.F'M '^" ' i �. x S - ,S5�* ',S,. ,, i' h�wIn- r „ { �,x u ' :,t l\ j 'IM�d; fi , 'a 44 a.� re. b 4 ' � � X,, � . t r"'� N. ";i ' '�, ry ti, k�, ., u.mA.��I m i�1: i,',�,�d., r SAW" .. - -_. .. . AFA LongGen Attachment A 79 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18—Dallas AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersection of FM 544 McCreary Rd. ATTACHMENT B PROJECT BUDGET Construction costs will be allocated based on 90% Federal funding and 10% State funding until the federal funding reaches the maximum obligated amount. Local Government is responsible for engineering cost and 100% of costs overruns. TOTAL FEDERAL STATE LOCAL DESCRIPTION ESTIMATED PARTICIPATION PARTICIPATION PARTICIPATION COST ok Cost % Cost Cost Engineering (by Local) $98,000.00 0% $0 0% $0.00 100% $98,000.00 Construction (by State) $515,561.00 90% $464,004.90 10% $51,556.10 0% $0 0281-02-075 Construction (by State) $689,048.00 90% $620,143.20 10% $68,904.80 0% $0 0619-03-064 Subtotal $1,302,609.00 $1,084,148.10 $120,460.90 $98,000.00 Environmental Direct State Costs $14,063.81 0% $0 0% $0 100% $14,063.81 Right of Way Direct State Costs $14,063.81 0% $0 0% $0 100% $14,063.81 Engineering Direct State Costs $14,063.81 0% $0 0% $0 100% $14,063.81 Utility Direct State Costs $14,063.81 0% $0 0% $0 100% $14,063.81 Construction Direct State Costs $56,255.24 0% $0 0% $0 100% $56,255.24 ;9.34%) Subtotal $112,510.48 $0 $0 $112,510.48 Indirect State Cost-4.77% $62,134.45 0% $0 100% $62,134.45 0% $0 TOTAL $1,477,253.93 $1,084,148.10 $182,595.35 $210,510.48 Initial Payment by the Local Government to the State: $56,255.24 Payment by the Local Government to the State before Construction: $56,255.24 Total payment by the Local Government to the State: $112,510.48 This is an estimate.The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B 80 05/31/2022 Item I. TxDOT: Federal Highway Administration: CSJ# 0281-02-075; 0619-03-064 CFDA No. 20.205 District# 18-DAL AFA ID Z00002492 CFDA Title Highway Planning and Construction Code Chart 64# 47050 SH 78 at E. Brown St.; FM 544 Project Name AFA Not Used For Research&Development intersections of FM McCreary Rd. ATTACHMENT C RESOLUTION, ORDINACE, OR COMMISSIONERS COURT ORDER Page 1 of 1 AFA LongGen Attachment C 81 05/31/2022 Item J. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for April 30,2022. Recommendation I otion to accept the item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 82 05/31/2022 Item J. CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 35,752,468 630,658 30,906,345 86.45% A FRANCHISE FEES 2,896,800 14,552 1,590,263 54.90% LICENSES AND PERMITS 1,079,430 130,241 948,772 87.90% B INTERGOVERNMENTAL REV. 2,134,902 88,226 1,239,322 58.05% C SERVICE FEES 4,008,588 329,183 2,067,377 51.57% D COURT FEES 248,950 28,135 185,128 74.36% E INTEREST INCOME 25,000 5,528 16,972 67.89% MISCELLANEOUS INCOME 190,230 1,535 128,151 67.37% OTHER FINANCING SOURCES 2,488,645 10,402 5,497,693 220.91% F REVENUES 48,825,013 1,238,460 42,580,022 87.21% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,432,653 NA NA NA G TOTAL REVENUES 50,257,666 1,238,460 42,580,022 84.72% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 97,263 3,771 29,213 30.04% CITY MANAGER 1,321,656 67,945 712,750 53.93% CITY SECRETARY 388,450 21,816 175,623 45.21% CITY ATTORNEY 170,000 11,949 112,298 66.06% H FINANCE 1,221,631 71,525 776,669 63.58% FACILITIES 978,273 56,919 397,144 40.60% MUNICIPAL COURT 530,514 37,457 233,616 44.04% HUMAN RESOURCES 743,111 55,609 409,221 55.07% PURCHASING 284,296 11,672 117,127 41.20% INFORMATION TECHNOLOGY 2,052,721 87,523 1,124,687 54.79% POLICE 12,304,753 956,329 6,248,096 50.78% FIRE 11,634,027 881,138 5,786,737 49.74% EMERGENCY COMMUNICATIONS 2,251,800 116,925 1,089,462 48.38% ANIMAL CONTROL 559,267 34,726 236,417 42.27% PLANNING 330,908 24,284 166,621 50.35% BUILDING INSPECTION 588,630 43,545 303,493 51.56% CODE ENFORCEMENT 262,419 17,039 120,790 46.03% STREETS 5,068,737 180,958 1,475,501 29.11% J PARKS 2,823,034 166,462 1,280,169 45.35% LIBRARY 2,178,698 138,218 1,001,982 45.99% COMBINED SERVICES 11,234,730 515,363 8,546,940 76.08% K TOTAL EXPENDITURES 57,024,918 3,501,173 30,344,556 53.21% REVENUES OVER/(UNDER)EXPENDITURES -6,767,252 -2,262,713 12,235,466 31.51% A.Property Tax Collections for FY21-22 as of April 30,2022 are 98.5%,in comparison to FY20-21 for the same time period of 99.7%. Sales tax is on a 2 month lag and only five months have been received.Sales tax is up 20%from April 2021 and up 10%fiscal YTD. B.Licenses and Permits: New Dwelling Permits are up 173%from April YTD 2021 due to the new fee structure. C.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D.Service Fees:Trash fees are on a one month lag and only six months have been received.The remaining fees are from other seasonal fees. E.Municipal Court Fees are up 35%from April 2021 YTD. F.Yearly transfer from Utility Fund and$3 million from sale of 802 Kirby. G.Largest Carry Forward items:Department Software Solution$220,870,Rowlett Creek Dam Improvements$110,000.Stone Road Rehab Project$615,000 H.Attorney consultation fees associated with ongoing projects around the City. I.Annual Audit expense J.Asphalt Overlay not expensed yet.It will be encumbered in May. K.$6.2 million transfer to Community Investment Fund. 83 05/31/2022 Item J. CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,091,934 1,924,717 11,689,062 46.58% L INTEREST INCOME 8,500 2,299 7,948 93.51% MISCELLANEOUS INCOME 70,000 110 6,223 8.89% OTHER FINANCING SOURCES 31,841 2,740 39,384 123.69% M REVENUES 25,202,275 1,929,866 11,742,617 46.59% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,758,010 NA NA NA N TOTAL REVENUES 27,960,285 NA 11,742,617 42.00% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,106,839 34,000 470,427 42.50% UTILITIES-WATER 5,648,591 1,262,558 2,012,343 35.63% 0 CITY ENGINEER 447,538 46,295 94,218 100.00% P UTILITIES-SEWER 1,347,034 117,316 628,216 46.64% UTILITY BILLING 1,320,992 70,263 675,842 51.16% COMBINED SERVICES 15,821,748 1,019,383 11,400,155 72.05% Q TOTAL EXPENDITURES 25,692,742 2,549,815 15,281,201 59.48% REVENUES OVER/(UNDER)EXPENDITURES 2,267,543 -619,948 -3,538,584 -17.48% L.Most Utility Fund Revenue is on a one month lag and only six months have been received. M.Insurance recoveries for damage to Newport Harbor Pump Station N.Largest Carry Forward items: Department Software Solutions$150,300,Pump Station Backup Generators$1.8M and FM 2514 Waterline Relocation Construction$625,000. O.Pump station generators and FM2514 waterline relocation projects(totaling approx.$2.4m)have not been completed. P.Department added as part of restructuring of Public Works. Budget was amended as part of Mid-Year Budget Amendments approved at the April 12 City Council meeting. Q.Annual transfer to the General Fund of$2.4 million. Other expenses include payments to NTMWD for water minimum and sewer treatment. 84 05/31/2022 Item K. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider,and place on file,the City of Wylie Monthly Investment Report for April 30, 2022. Recommendation I otion to accept the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 85 05/31/2022 Item K. 1 0 II " 2021-2022 Investment Report April 30,2022 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,409 595.76 MMA 0.3042% Texpool 12/31/2006 NA 2 $15,954,646.99 MMA 0.3225% TexStar 3/15/2011 NA .,, $31,364,242.75 1 Total Weighted Average Coupon: 0.3135% Money Markets: $31,364,242.75 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,364,242.75 Weighted Average Coupon 0 5000% 0 4000% 0 3000% 0 2000% 0.1000% 0 0000% May 2021 June 2021 July 2021 Aug 2021 Sep 2021 Oct 2021 Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 uuc 17 II Id4/ '' Finance Director/Investment Officer 86 05/31/2022 Item L. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of April 30,2022. Recommendation Motion to approve the Item as presented. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on May 20, 2022. Financial Summary/Strategic Goals 87 05/31/2022 Item L. CO , IC April Rev/Exp Report D VELO ' NIENT Account Summary For Fiscal: 2021-2022 Period Ending: 04/30/2022 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue Category:400-Taxes 111 4000 4C1210 SALES TAX 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34% Category:400-Taxes Total: 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34% Category:460-Interest Income 111 4000 46110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29% Category:460-Interest Income Total: 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29% Category:480-Miscellaneous Income 111 4000 48110 RENTAL INCOME 132,240.00 132,240.00 13,320.00 67,320.00 -64,920.00 49.09% 111 4000 48410 MISCELLANEOUS INCOME 0.00 0.00 0.00 1,044.96 1,044.96 0.00% 111 4000 48430 GAIN/(LOSS)SALE OF CAP ASSETS 2,601,116.00 2,601,116.00 0.00 0.00 -2,601,116.00 100.00% Category:480-Miscellaneous Income Total: 2,733,356.00 2,733,356.00 13,320.00 68,364.96 -2,664,991.04 97.50% Category:490-Transfers In&Other Financing Sources 111 4000 49325 BANK NOTE PROCEEDS 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00% Category:490-Transfers In&Other Financing Sources Total: 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00% Revenue Total: 6,529,322.00 14,637,322.00 279,331.85 9,756,669.20 -4,880,652.80 33.34% Expense Category:510-Personnel Services 111 5611-51110 SALARIES 286,558.00 286,558.00 19,732.41 145,575.44 140,982.56 49.20% 111 5611-51140 LONGEVITY PAY 729.00 729.00 0.00 724.00 5.00 0.69% 111 5611 51310 TMRS 44,530.00 44,530.00 3,043.78 22,784.60 21,745.40 48.83% 111 5611 51410 HOSPITAL&LIFE INSURANCE 49,304.00 49,304.00 3,176.72 19,928.98 29,375.02 59.58% 111 5611 51420 LONG-TERM DISABILITY 1,707.00 1,707.00 44.67 312.69 1,394.31 81.68% 111 5611-51440 FICA 18,623.00 18,623.00 1,092.89 8,290.46 10,332.54 55.48% 1)1 5611 51450 MEDICARE 4,355.00 4,355.00 255.59 1,938.85 2,416.15 55.48% 111 5611 51470 WORKERS COMP PREMIUM 378.00 390.56 0.00 390.55 0.01 0.00% 1)1 5611 51480 UNEMPLOYMENT COMP(TWC) 1,080.00 1,080.00 0.00 26.99 1,053.01 97.50% Category:510-Personnel Services Total: 407,264.00 407,276.56 27,346.06 199,972.56 207,304.00 50.90% Category:520-Supplies 111 5611-52010 OFFICE SUPPLIES 5,000.00 5,000.00 63.98 2,152.58 2,847.42 56.95% 111 5611 52040 POSTAGE&FREIGHT 300.00 300.00 31.80 71.70 228.30 76.10% 111 5611-52810 FOOD SUPPLIES 6,100.00 6,100.00 124.85 2,534.87 3,565.13 58.44% Category:520-Supplies Total: 11,400.00 11,400.00 220.63 4,759.15 6,640.85 58.25% Category:540-Materials for Maintenance 111 5611-54610 FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 7,569.50 -5,069.50 -202.78% 111 5611 54810 COMPUTER HARD/SOFTWARE 5,500.00 5,500.00 0.00 0.00 5,500.00 100.00% Category:540-Materials for Maintenance Total: 8,000.00 8,000.00 0.00 7,569.50 430.50 5.38% Category:560-Contractual Services 111 5611-56030 INCENTIVES 1,043,973.00 1,043,973.00 0.00 148,221.77 895,751.23 85.80% 111 5611 56040 SPECIAL SERVICES 118,156.00 1,962,496.00 55,056.23 1,789,815.19 172,680.81 8.80% 111 5611 56080 ADVERTISING 129,100.00 129,100.00 3,515.00 34,978.60 94,121.40 72.91% 111 5613 56C190 COMMUNITY DEVELOPMENT 52,050.00 52,050.00 1,172.64 22,680.13 29,369.87 56.43% 111 5611 56110 COMMUNICATIONS 6,400.00 6,400.00 398.97 2,699.74 3,700.26 57.82% 111 5611 56180 RENTAL 27,000.00 27,000.00 2,250.00 15,750.00 11,250.00 41.67% 111 5611 56210 TRAVEL&TRAINING 74,600.00 74,600.00 7,225.03 31,497.45 43,102.55 57.78% 111 5611 56250 DUES&SUBSCRIPTIONS 39,810.00 39,810.00 217.15 43,558.71 -3,748.71 -9.42% 111 5611 56310 INSURANCE 6,303.00 6,303.00 0.00 5,458.01 844.99 13.41% 111 5611 56510 AUDIT&LEGAL SERVICES 33,000.00 33,000.00 0.00 10,666.50 22,333.50 67.68% 111 5611 56570 ENGINEERING/ARCHITECTURAL 87,500.00 189,300.00 4,800.00 43,642.55 145,657.45 76.95% 5/13/2022 9.52 31 AM 114,ge 1 of 4 88 05/31/2022 Item L. Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 111 561156610 UTILITIES-ELECTRIC 2,400.00 2,400.00 0.00 787.31 1,612.69 67.20% Category:560-Contractual Services Total: 1,620,292.00 3,566,432.00 74,635.02 2,149,755.96 1,416,676.04 39.72% Category:570-Debt Service&Capital Replacement 111 561157410 PRINCIPAL PAYMENT 694,127.33 5,403,249.03 26,280.11 4,868,091.34 535,157.69 9.90% 111 5611-1A1415 INTEREST EXPENSE 315,135.79 326,452.12 23,768.89 155,749.84 170,702.28 52.29% Category:570-Debt Service&Capital Replacement Total: 1,009,263.12 5,729,701.15 50,049.00 5,023,841.18 705,859.97 12.32% Category:580-Capital Outlay 111 5611_58110 LAND-PURCHASE PRICE 0.00 3,983,392.59 -621.49 3,894,644.85 88,747.74 2.23% 111 56111)8210 STREETS&ALLEYS 2,175,000.00 2,425,000.00 0.00 59,475.90 2,365,524.10 97.55% 1115611581495 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 -3,895,266.34 3,895,266.34 0.00% Category:580-Capital Outlay Total: 2,175,000.00 6,408,392.59 -621.49 58,854.41 6,349,538.18 99.08% Expense Total: 5,231,219.12 16,131,202.30 151,629.22 7,444,752.76 8,686,449.54 53.85% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76% Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76% 5/13R022 9.5? MI AM Page 11 of 4 89 05/31/2022 Item L. Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022 Group Summary Variance Original Current Period Fiscal Favorable Percent Categor... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 400-Taxes 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34% 460-Interest Income 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29% 480-Miscellaneous Income 2,733,356.00 2,733,356.00 13,320.00 68,364.96 -2,664,991.04 97.50% 490-Transfers In&Other Financing Sources 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00% Revenue Total: 6,529,322.00 14,637,322.00 279,331.85 9,756,669.20 -4,880,652.80 33.34% Expense 510-Personnel Services 407,264.00 407,276.56 27,346.06 199,972.56 207,304.00 50.90% 520-Supplies 11,400.00 11,400.00 220.63 4,759.15 6,640.85 58.25% 540-Materials for Maintenance 8,000.00 8,000.00 0.00 7,569.50 430.50 5.38% 560-Contractual Services 1,620,292.00 3,566,432.00 74,635.02 2,149,755.96 1,416,676.04 39.72% 570-Debt Service&Capital Replacement 1,009,263.12 5,729,701.15 50,049.00 5,023,841.18 705,859.97 12.32% 580-Capital Outlay 2,175,000.00 6,408,392.59 -621.49 58,854.41 6,349,538.18 99.08% Expense Total: 5,231,219.12 16,131,202.30 151,629.22 7,444,752.76 8,686,449.54 53.85% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76% Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76% 5/13/2022 9:5331 AM Page 3 of 4 90 05/31/2022 Item L. Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111-WYLIE ECONOMIC DEVEL COR 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 5/13/2022 9 5? 41 AM Page 4 of 4 91 05/31/2022 Item L. Wylie Economic Development Corporation Statement of Net Position As of April 30, 2022 Assets Cash and cash equivalents $ 2,024,074.81 Receivables $ 60,000.00 Note 1 Inventories $ 16,330,536.04 Prepaid Items $ - Total Assets $ 18,414,610.85 Deferred Outflows of Resources Pensions $ 75,630.55 Total deferred outflows of resources $ 75,630.55 Liabilities Accounts Payable and other current liabilities $ 5,692.36 Unearned Revenue $ 1,200.00 Note 2 Non current liabilities: Due within one year $ 174,485.75 Note 3 Due in more than one year $ 8,187,633.93 Total Liabilities $ 8,369,012.04 Deferred Inflows of Resources Pensions $ (45,385.41) Total deferred inflows of resources $ (45,385.41) Net Position Net investment in capital assets $ - Unrestricted $ 10,075,843.95 Total Net Position $ 10,075,843.95 Note 1: Includes incentives in the form of forgivable loans for$60,000(LUV-ROS) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$32,301 92 05/31/2022 Item L. WYL ' E DEVEC LO IC PME, .w Balance Sheet Account Summary As Of 04/30/2022 Account Name Balance Fund:111-WYLIE ECONOMIC DEVEL CORP Assets 1,:L1,,;19,PQz10.10 CLAIM ON CASH AND CASH EQUIV. 2,022,074.81 111-100040115 CASH-WEDC-INWOOD 0.00 1.11-1000.10135 ESCROW 0.00 111-1000-10180 DEPOSITS 2,000.00 1111;•11000-10198 OTHER-MISC CLEARING 0.00 111-1000-1034.1 TEXPOOL 0.00 111 1000.10343 LOGIC 0.00 111-1000-1.0481 INTEREST RECEIVABLE 0.00 1,,11-1000-1=L51,1 ACCTS REC-MISC 0.00 17.1-1000-1:151 i` ACCTS REC-SALES TAX 0.00 111-1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 111-100042950 LOAN PROCEEDS RECEIVABLE 0.00 1.11 1000 12996 LOAN RECEIVABLE 0.00 111-1000-12997 ACCTS REC-JTM TECH 0.00 1114000-12998 ACCTS REC-FORGIVEABLE LOANS 60,000.00 111-1000 141:12 INVENTORY-MATERIAL/SUPPLY 0.00 111-1000-14116 INVENTORY-LAND&BUILDINGS 16,330,536,04 ],11_-1000-14118 INVENTORY-BAYCO/SANDEN BLVD 0.00 1:11-1000-14310 PREPAID EXPENSES-MISC 0.00 1111.000-14410 DEFERRED OUTFLOWS 768,867.00 Total Assets: 19,183,477.85 19,183,477.85 Liability 111-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 111-2000-20111 MEDICARE PAYABLE 0.00 111-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000-20113 CREDIT UNION PAYABLE 0.00 111-2000-20114 IRS LEVY PAYABLE 0.00 1.11-2000-20115 NATIONWIDE DEFERRED COMP 0.00 111-2000-201.16 HEALTH INSUR PAY-EMPLOYEE -55.01 111-2000-20117 TMRS PAYABLE 0.00 111.2000-20118 ROTH IRA PAYABLE 0.00 111-2000-20119 WORKERS COMP PAYABLE 0.00 111 2 000-2 012 0 FICA PAYABLE 0.00 111-2000-20121 TEC PAYABLE 0.00 1:11-•2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 111-2000-20123 ALIMONY PAYABLE 0.00 111-2000-20124 BANKRUPTCY PAYABLE 0.00 111-2000-20125 VALIC DEFERRED COMP 0.00 11.1-2000--20126 ICMA PAYABLE 0.00 111-2000-20127 EMP.LEGAL SERVICES PAYABLE 0.00 111-2000-20130 FLEXIBLE SPENDING ACCOUNT 5,687.36 111-2000-20131 EDWARD JONES DEFERRED COMP 0.00 111 2000-20132 EMP CARE FLITE 12.00 111-2000-20133 Unemployment Comp Payable 0.01 111.-2000-201S1 ACCRUED WAGES PAYABLE 0.00 111-2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00 111 2000-20199 MISC PAYROLL PAYABLE 0.00 111-.2000-20201 AP PENDING 0.00 11.1.;-20_00'2021.0 ACCOUNTS PAYABLE 0.00 111-2000-20530 PROPERTY TAXES PAYABLE 0.00 111-2000-20540 NOTES PAYABLE 768,867.00 111-2000-20810 DUE TO GENERAL FUND 0.00 �5/ ,,_ 5 �,1.��.1C;21.9:�,-529 AM }>dqc 1. vY 3 93 05/31/2022 Item L. Balance Sheet As Of 04/30/2022 Account Name Balance 111 2000-222711 DEFERRED INFLOW 0.00 2noo 22275 DEF INFLOW-LEASE PRINCIPAL 0.00 111 2000 22 Z80 DEFERRED INFLOW-LEASE INT 0.00 111 2000 22915 RENTAL DEPOSITS 1,200.00 Total Liability: 775,759.36 Equity 111 300C)34110 FUND BALANCE-RESERVED 0.00 111 3000 34000 FUND BALANCE-UNRESERV/UNDESIG 16,095,802.05 Total Beginning Equity: 16,095,802.05 Total Revenue 9,756,669.20 Total Expense 7,444,752.76 Revenues Over/Under Expenses 2,311,916.44 Total Equity and Current Surplus(Deficit): 18,407,718.49 Total Liabilities,Equity and Current Surplus(Deficit): 19,183,477.85 94 05/31/2022 Item L. Balance Sheet As Of 04/30/2022 Account Name Balance Fund:922-GEN LONG TERM DEBT(WEDC) Assets 922.1000-10312 GOVERNMENT NOTES 0,00 922-1000-1.8110 LOAN-WEDC 0.00 922-1000-181.20 LOAN-BIRMINGHAM 0.00 9 2 2-1000-18 2 1 0 AMOUNT TO BE PROVIDED 0.00 922-1000-18220 BIRMINGHAM LOAN 0.00 922-1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 39,535.29 922-1000-190,,5i_, DEF OUTFLOW SDBF CONTRIBUTIONS 3,027.00 922-1000-19075 DEF OUTFLOW-INVESTMENT EXP -37,953.52 92251.000-19100 DEF OUTFLOW-ACT EXP/ASSUMP 71,021.78 922-1000-19125 (GAIN)/LOSS ON ASSUMPTION CHGS -44,574.41 922-1000-10126 DEF INFLOW SDBF CONTRIBUTIONS -811.00 Total Assets: 30,245.14 30,245.14 Liability 927-2.000-20310 COMPENSATED ABSENCES PAYABLE 0.00 922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 32,300.82 922-2000-21410 ACCRUED INTEREST PAYABLE 9,604.44 922-2000-28205 WEDC LOANS/CURRENT 132,580.49 92.2--2000-28220 BIRMINGHAM LOAN 0.00 922-2000-2823C) INWOOD LOAN 0.00 922-2000-28232 ANB LOAN/EDGE 0.00 922-2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 922-2000-28734 ANB LOAN/RANDACK HUGHES 0.00 922-2000-28235 ANB LOAN 0.00 922.2000-282 36 ANB CONSTRUCTION LOAN 0.00 922-2000-28237 ANB LOAN/WOODBRIDGE PARKWAY 0.00 9222000-28238 ANB LOAN/BUCHANAN 0.00 922-2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 922-2000-28240 HUGHES LOAN 0.00 92.2-2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 0.00 000-28245 ANB LOAN/DALLAS WHIRLPOOL 0.00 922-2000-282.46 GOVCAP LOAN/KIRBY 7,846,537.60 922-2000--28247 JARRARD LOAN 144,081.16 922-2000-28250 CITY OF WYLIE LOAN 0.00 922-2000-28260 PRIME KUTS LOAN 0,00 922-2000-28270 BOWLAND/ANDERSON LOAN 0.00 9/2-2000--282SQ CAPITAL ONE CAZAD LOAN 0.00 922-2000-282.90 HOBART/COMMERCE LOAN 0.00 922-2000-29150 NET PENSION LIABILITY 185,989.17 922-2000-29151 SDBF LIABILITY 11,026.00 Total Liability: 8,362,119.68 Equity 922-3000-:.34590 FUND BALANCE-UNRESERV/UNDESIG -4,971,701.88 92 2-3000-359 00 UNRESTRICTED NET POSITION -120,264.00 Total Beginning Equity: -5,091,965.88 Total Revenue -8,108,000.00 Total Expense -4,868,091.34 Revenues Over/Under Expenses -3,239,908.66 Total Equity and Current Surplus(Deficit): -8,331,874.54 Total Liabilities,Equity and Current Surplus(Deficit): 30,245.14 5/13/202.2 9:55:29 AM Page:3 Qt.3 95 05/31/2022 Item L. Wylie Economic Development Corporation SALES TAX REPORT April 30, 2022 BUDGETED YEAR DIFF % DIFF MONTH FY 2019 FY 2020 FY 2021 FY 2022 21 vs.22 21 vs.22 DECEMBER $ 214,867.15 $ 226,663.94 $ 235,381.33 $ 263,577.66 $ 28,196.33 11.98% JANUARY $ 223,749.61 $ 218,520.22 $ 262,263.52 $ 326,207.92 $ 63,944.40 24.38% FEBRUARY $ 307,366.66 $ 362,129.18 $ 456,571.35 $ 417,896.79 $ (38,674.56) -8.47% MARCH $ 208,222.32 $ 228,091.34 $ 257,187.91 $ 305,605.50 $ 48,417.59 18.83% APRIL $ 182,499.53 $ 203,895.57 $ 221,881.55 $ 265,773.80 $ 43,892.25 19.78% MAY $ 274,299.18 $ 289,224.35 $ 400,371.70 $ - $ - 0.00% JUNE $ 234,173.88 $ 239,340.35 $ 290,586.92 $ - $ - 0.00% JULY $ 215,107.94 $ 296,954.00 $ 314,559.10 $ - $ - 0.00% AUGUST $ 283,602.93 $ 325,104.34 $ 390,790.76 $ - $ - 0.00% SEPTEMBER $ 243,048.40 $ 259,257.89 $ 307,681.15 $ - $ - 0.00% OCTOBER $ 224,875.38 $ 249,357.02 $ 326,382.38 $ - $ - 0.00% NOVEMBER $ 308,324.41 $ 384,953.89 $ 411,813.32 $ - $ - 0.00% Sub-Total $ 2,920,137.37 $ 3,283,492.09 $ 3,875,470.98 $ 1,579,061.68 $ 145,776.02 13.30% Total $ 2,920,137.37 $ 3,283,492.09 $ 3,875,470.98 $ 1,579,061.68 $ 145,776.02 13.30% E C Sales Tax Analysis $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 2021 $200,000 2022 $150,000 $100,000 $50,000 $0 P """Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months. Example:April SIsTx Revenue is actually February SIsTx and is therefore the 5th allocation in FY22. 96 05/31/2022 Item M. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 100-5155-58810 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of Audio-Visual Equipment and Installation from Lantek Audio Video & Communications LLC in the estimated amount of $135,887.51 through a cooperative purchasing contract with The Interlocal Purchasing System(TIPS), and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The current Wylie Council Chamber technology was originally installed in 2011 as part of the new construction. Staff is unable to support the existing system due to the lack of replacement parts and cannot integrate new technology due to compatibility which impacts use with new tablets and laptops. Staff recommended overhauling the entire system in the Council Chambers and the Executive Conference Room to bring it up to present day technology standards and enable a more streamlined process for meetings that occur in the Council Chambers and Executive Conference Room. Staff contacted three (3) firms through cooperative contracts, conducted a site walk-through, and requested proposals. After reviewing all three (3) proposals, staff determined that Lantek provided the most complete solution for the best price. Staff recommends the purchase of audio-visual equipment,materials,and installation from Lantek Audio Video&Communications LLC in the estimated amount of$135,887.51 through a cooperative contract with TIPS as providing the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Financial Summary/Strategic Goals 3udget: $150,000.00 ?roject: $135,887.57 97 05/31/2022 Item N. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: City Secretary Subject Consider, and act upon, Resolution No. 2022-18(R), suspending the June 17, 2022 effective date of Oncor Electric Delivery Company's requested rate change to permit the City time to study the request and to establish reasonable rates; approving cooperation with the Steering Committee of Cities served by Oncor to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the company and legal counsel for the Steering Committee. Recommendation Motion to approve Item as presented. Discussion Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about May 13, 2022 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by about $251 million or approximately 4.5%over present revenues. The Company asks the City to approve an 11.2%increase in residential rates and a 1.6% increase in street lighting rates. If approved, a residential customer using 1,300 kWh per month would see a bill increase of about$6.02 per month. The Resolution suspends the June 17, 2022 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing,determine whether the filing complies with law,and if lawful,to determine what further strategy,including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. The City of Wylie is a member of a 169-city coalition known as the Steering Committee of Cities Served by Oncor("Steering Committee"). The Steering Committee has been in existence since the late 1980s.. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments,the Steering Committee has been the primary public interest advocate before the Public Utility Commission,the Courts,and the Legislature on electric utility regulation matters for the last 30 years. Although Oncor has increased rates many times over the past few years,this is the first comprehensive base rate case for the Company since March 2017. 98 05/31/2022 Item N. Explanation of"Be It Resolved" Paragraphs: Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as "the maximum period allowed by law" rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final city action to increase the time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not otherwise extended by the Company,the City must take final action on Oncor's request to raise rates by June 17, 2022. Section 2. This provision authorizes the Steering Committee, consistent with the City's resolution approving membership in the Steering Committee, to act on behalf of the City at the local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are enhanced by the City cooperating with the Steering Committee in a common review and common purpose. Additionally,rate case expenses are minimized when the Steering Committee hires one set of attorneys and experts who work under the guidance and control of the Executive Committee of the Steering Committee. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. 99 05/31/2022 Item N. RESOLUTION NO. 2022-18(R) A RESOLUTION OF THE CITY OF WYLIE SUSPENDING THE JUNE 17, 2022 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE. WHEREAS, on or about May 13, 2022, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Wylie a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective June 17, 2022; and WHEREAS, the City of Wylie is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee") and will cooperate with the 169 similarly situated city members and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS,PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS,PURA § 33.023 provides that costs incurred by Cities in ratemaking proceedings are to be reimbursed by the regulated utility. THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That the June 17, 2022 effective date of the rate request submitted by Oncor on or about May 13, 2022, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 2. As indicated in the City's resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Resolution No. 2022-18(R) Suspend Oncor Rate Increase Page 1 of 2 1669/35/7314189.1 100 05/31/2022 Item N. 5. A copy of this Resolution shall be sent to Oncor, Care of Howard V. Fisher, Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway,Dallas,Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle &Townsend,P.C., P.O. Box 1725,Austin,Texas 78767-1725. DULY PASSED AND APPROVED,by the City Council of the City of Wylie,Texas on this 31st day of May 2022. Mayor Matthew Porter ATTEST: Stephanie Storm, City Secretary Resolution No. 2022-18(R) Suspend Oncor Rate Increase Page 2 of 2 1669/35/7314189.1 101 05/31/2022 Item 1. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: City Secretary Subject Interview applicants for Board of Review vacancies for a term to begin July 1, 2022 and end June 30, 2024. Recommendation No action taken. Discussion Per Ordinance No. 2022-01,prospective Board of Review applicants will be interviewed by the entire City Council. Applicants: James Byrne (unconfirmed) Jack Craig(unconfirmed) Gerald Dyson Joseph Murdock(unconfirmed) Taniki Small Derek Trent Thomas Volmer 102 05/31/2022 Item 1. . r b . • . Personal Information First Name* Last Name* James Byrne esidency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 6 5 Voter Status Registered Voter* Voter Registration County* Yes No Collin Employment Information Occupation Law Enforcement Work experience that may be beneficial to the board you are applying for. card Car Service Currently serve on a board/commission* Board/commission currently serving on* Yes No Planning and Zoning Commission Length of service on board/commission* 3 months Why you would like to serve as a Board of Review member:* oarrotect and serve my adopted city 103 05/31/2022 Item 1. . r b . • . Personal Information First Name* Last Name* Jack Craig esidency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 4 2 Voter Status Registered Voter* Voter Registration County* Yes No Collin Employment Information Occupation General manager Work experience that may be beneficial to the board you are applying for. Board/Commission Service Currently serve on a board/commission* Yes No Why you would like to serve as a Board of Review member:* I am passionate about the well-being and family centered growth of Wylie. 104 05/31/2022 Item 1. Personal Information Please provide full legal name. First Name* Last Name* Gerald Dyson Residency You must be a Wylie resident to serve on this board. Are you a Wylie resident?* Yes No How long have you been a Wylie resident? Years* Months* 2 9 Voter Status Registered Voter* Voter Registration County* Yes No Oh Employment Information Occupation Business Owner, Holistic Health Practitioner, Nutritionist If applicable, please list any work experience that may be beneficial to the board you are applying for. Board/Commission Service Do you currently serve on a board/commission?* Yes No Please indicate briefly why you would like to serve as a Board of Ethics member:* As a Christian business owner for over 12 years,it is on a daily basis that we must realign our own interests with those of the greater community and those we serve. will be honored to contribute the utmost guidance and direction when it comes to our City of Wylie doing exactly that. Acknowledgment & Signature Signature* Date* 6WPY..5,0141 11/20/2021 105 05/31/2022 Item 1. . r b . • . Personal Information First Name* Last Name* Joseph Murdock esidency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 19 3 Voter Status Registered Voter* Voter Registration County* Yes No Rockwall Employment Information Occupation Technical Theatre Director Teacher Work experience that may be beneficial to the board you are applying for. City of Garland Technical Director Garland Summer musicals Master Carpenter and Technical Director Garland ISD technical Director Freelance Lighting,Set and,Sound Designer Board/Commission Service Currently serve on a board/commission* Yes No Why you would like to serve as a Board of Review member:* I want to have a positive impact on my coMMUnity. I love to serve and would love to serve my community.Wylie is a great place to live and I want to make it the best it can be for all residents. 106 05/31/2022 Item 1. . r b . • . Personal information First Name* Last Name* Taniki Small Residency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 4 2 Voter Status Registered Voter* Voter Registration County* Yes No Collin Employment Information Occupation Manager Work experience that may be beneficial to the board you are applying for. I have managed medium to large projects. I am also a US Army veteran. Board/Commission Service Currently serve on a board/commission* Yes No Why you would like to serve as a Board of Review member:* It is time for me to give back to my community and serve in whatever capacity is needed. 107 05/31/2022 Item 1. . r b . • . Personal information First Name* Last Name* Derek Trent Residency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 2 2 Voter Status Registered Voter* Voter Registration County* Yes No Collin Employment Information Occupation Software Engineer Work experience that may be beneficial to the board you are applying for. oard/Commission Service Currently serve on a board/commission* Yes No Why you would like to serve as a Board of Review member:* I would like to help the city of Wylie determine resolutions for problems in the community and necessary changes. Getting involved and contributing to my community would give me a great sense of purpose and believe can balance being logical and empathetic in my decision making. 108 05/31/2022 Item 1. . r b . • . Personal Information First Name* Last Name* Thomas Volmer •esidency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years Months* 50 Voter Status Registered Voter* Voter Registration County* Yes No Collin Employment Information Occupation IT Executive/Commercial Construction Industry Work experience that may be beneficial to the board you are applying for. I've held a variety of leadership roles from Director of IT to 0 I have experience in the Hospitality, Entertainment,Oil&Gas and for the last 10 years in Commercial Construction. oard/Commission Service Currently serve on a board/commission* Yes No Why you would like to serve as a Board of Review member:* Economic Development 109 05/31/2022 Item 1. ORDINANCE NO.2022-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-19,CREATING A CODE OF CONDUCT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,SAVINGS,AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City of Wylie("City"or"Wylie")desires for all of its citizens to have confidence in integrity, independence,and impartiality of those who act on their behalf in government; WHEREAS,the City of Wylie previously adopted Ordinance No.2014-19,establishing a Code of Ethics;and WHEREAS,the City of Wylie desires to create a Code of Conduct and repeal Ordinance No.2014- 19, as of the Effective Date of this Ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS that: Section 1. Creation of Code of Conduct The City of Wylie creates this Code of Conduct(the"Code")and repeals Ordinance No. 2014-19, as of the Effective Date of this Ordinance. Section 2. Policy The proper operation of democratic local government requires that City Officials be independent,impartial and responsible to the people;that local government decisions and policy be made in the proper channels • of the government structure; that public office not be used for personal gain;and that the public have confidence in the integrity of its City Officials.It is the policy of the City of Wylie that its City Officials meet the standards of conduct established in this Ordinance.Conduct not regulated herein is not subject to this Code. Section 3. Definitions Administrative Board means any board,commission,or other organized body: (1)that has,by law,final decision-making authority on matters within its jurisdiction and that is either: (a) established under the City Charter,by City ordinance,or by appointment by the City Council or the Mayor;or(b)whose members are all council members or are appointed or confirmed by the City Council;or,(2)created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979,as amended. Advisory Board means a board,commission,or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council or by an act of the Mayor and are charged with making recommendations to the City Council on matters within its jurisdiction. Board of Review means the body charged with reviewing and acting on Complaints under this Ordinance. Ordinance No.2022-01 —Code of Conduct Page I of 1 I 110 05/31/2022 Item 1. City Official or Official means the Mayor; a member of the City Council, members of Administrative Boards,and Advisory Boards, appointed by the Mayor or City Council. Code of Conduct means this Code of Conduct("Code"). Only a City Official may be held responsible for violations of the Code. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00).Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest in the property of the organization. Official Action means: (1) Any affirmative act(including the making of a recommendation)within the scope of,or in violation of, an Official's duties;or (2) Any failure to act, if the Official is under a duty to act. Section 4. Covered officials The rules of conduct contained below apply generally to City Officials unless otherwise specified. Section 5. City Officials required to comply with both state and local law When a City Official's conduct is regulated by a provision of this Ordinance and a similar provision of state law, and it is possible to comply with the requirements of both, a City Official shall comply with both. Section 6. Education The City shall provide training and educational materials to City Officials on their obligations under state law and this Ordinance. Such training shall include at least one formal classroom session in each calendar year. All City Officials shall annually attend the formal training session offered by the City or equivalent training sessions conducted by the City Attorney, the Texas Municipal League, or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 7. Standards of Conduct for City Officials (A) Appearance on behalf of private interests of others (1) A member of the City Council shall not appear before the City Council,an Administrative Board or an Advisory Board for the purpose of representing the interests of another person or entity.However,a member of the City Council may,to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the Ordinance No.2022-01—Code of Conduct Page 2 of I I 111 05/31/2022 Item 1. body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information (1) It is a violation of this Code for a City Official to violate Texas Penal Code§39.06(Misuse of Official Information). (2) A City Official shall not disclose to the public any information that is deemed confidential and/or privileged under any federal,state,local law,or Council rules,unless authorized by law. (C) Restrictions on political activity and political contributions (1) No City Official shall use state or local funds or other resources of the City to electioneer for or against any candidate,measure,or political party. (2) A City Official shall not directly or indirectly induce, or attempt to induce, any City employee: a. To participate in an election campaign (beyond merely encouraging another to vote),to participate in a political fundraising activity,or to contribute to a political candidate or political committee; b. To engage in any other activity relating to a particular candidate, party or issue that is not directly related to a legitimate function of City government; or c. To refrain from engaging in any lawful political activity after working hours. (D) Use of cell phones or electronic devices by appointed or elected officials during meetings of Administrative Boards and Advisory Boards,of which they are a member City Officials shall refrain from communicating on cell phones or electronic devices during a City meeting at which the City Official is attending as a member of that Administrative Board or Advisory Board,except as provided below. However,City Officials may access agendas and information relevant to a past, current, and/or future agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step down from the dais. Text messaging, emails, and other electronic or written communications shall not be sent during a meeting unless it is an emergency. (E) Conflicts of Interest A City Official must not use,or attempt to use, his or her official position or office,or take or fail to take any action, or influence, or attempt to influence, others to take or fail to take any action, in a manner which he or she knows, or has reason to believe, may result in a personal, financial benefit, or Economic Interest not shared with a substantial segment of the City's population, for any of the following persons or entities: (1) The Official; (2) The Official's relative,or the employer or business of the relative; (3) A person with which the Official has a financial or business relationship,including but not limited to: a. A business of the Official,or the Off cial's spouse or domestic partner,or someone who works for; such outside employer or business; or b. A client or substantial customer. Ordinance No.2022-01 —Code of Conduct Page 3 of 11 112 05/31/2022 Item 1. (4) A nongovernmental civic group,social, charitable, or religious organization of which the Official,or the Official's spouse or domestic partner,is an officer or director;or (5) A public or private business entity for which the Official, or his or her relative serves as a director,general partner,or officer,or in any other policy-making position except when so appointed to the position by the City. (F) Compliance with Texas Local Government Code Chapters 171 and 176 It is a violation of this Code for a City Official to violate Texas Local Government Code, §§ 171 and 176 and Texas Penal Code §36.08 (G) Prohibitions-Granting Special Privileges and Use of City Supplies and Equipment It is a violation of this Code for a City Official: (1) To use his official position to secure special privileges or exemptions for himself or others; (2) To grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual,business organization or group. This shall not prevent the granting of fringe benefits to City employees as a part of their contract of employment or as an added incentive to the securing or retaining of employees;or (3) To use City supplies, equipment or facilities for any purpose other than the conduct of official City business,unless otherwise provided for by law, ordinance or City policy. Section 8. Board of Review (A) Creation and appointment There is hereby created a Board of Review("BOR")to consist of five(5)members and two(2)alternates. (1) The BOR shall review Complaints regarding alleged violation(s) of the Code ("Complaints"),review applicable waivers regarding the alleged violation(s),and determine if a Complaint should be dismissed under the criteria,as outlined herein. (2) Prospective BOR members shall be interviewed and appointed by a majority of the City Council present at a duly called meeting. (B) Qualifications (1) All members must live within the City of Wylie city limits and be at least 18 years of age; (2) BOR members may not be: a. The spouse or the domestic partner of the individual filing the Complaint ("Complainant") or the individual who is the subject of the Complaint("Respondent") is the spouse or domestic partner. b. Serving on any other Council appointed Board or Commission during their term on the BOR; c. A City Council member or City of Wylie employee,or the spouse or domestic partner of a City Council member or City of Wylie employee; d. An elected public official;or e. A candidate for elected public office at the time of their term on the BOR. Ordinance No.2022-01 —Code of Conduct Page 4 of 11 113 05/31/2022 Item 1. (C) Terms of appointment/Limitations (1) BOR members may serve only one(1)term of two(2)consecutive years. (2) BOR members shall serve until any Complaints pending during their appointed term have been fully adjudicated by the BOR. (3) If a person selected to serve on the BOR pursuant to this subsection cannot fulfill his or her duties as a member of the BOR due to illness,travel, disqualification under the terms outlined above,or another bona fide reason,or otherwise refuses to serve on the BOR,that person shall be requested to confirm that fact with the City Secretary in writing within 15 calendar days of receipt of the service notification. In this event,the City Secretary shall repeat the process outlined herein until a substitute.has been selected. (D) Training/Removal (1) BOR members must attend training regarding the role and responsibilities of service on the BOR prior to handling a Complaint. The unexcused absence of any member of the BOR from three (3) consecutive meetings, unless the BOR has excused the absence for good and sufficient reasons, as determined by the BOR, shall constitute a resignation from the BOR. (2) A BOR member serves at the pleasure of the City Council and may be removed before the expiration of the member's term by the City Council in its sole discretion.Before removing a member, the BOR shall specify the cause for a recommendation of removal and shall give the BOR member the opportunity to present the member's defense to removal. The recommendation for the City Council to remove a BOR member shall be brought to the City Council for an official vote. (E) Consultation with City Attorney The City Attorney is authorized to issue to any City Official, upon reasonable request, formal written opinions regarding the applicability of the provisions of the conduct laws to an action the City Official is considering taking in the future. The I3OR and/or the City Council may consult with the City Attorney or a designee of the City Attorney regarding legal issues which may arise in connection with this section and may request advisory assistance from the City Attorney in conducting hearings during any stage of the process. The City Attorney serves as legal counsel for the City Council and not any individual City Council member. (F) Reviewing Attorney (1) The City Council shall approve a list of three (3) independent private attorneys recommended by the City Attorney who may individually serve as a"Reviewing Attorney" for Complaints filed under this section.The Reviewing Attorney shall be chosen by the City Manager by lot. (2) To be qualified,the Reviewing Attorney must be an attorney in good standing with the State Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10) consecutive years,and have at least five(5)years of experience working with municipalities in Texas.The Reviewing Attorney may not be: a. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member,Board member or City of Wylie employee; b. Art elected public official;or c. A candidate for elected public office at the time of their service. Ordinance No.2022-01—Code of Conduct Page 5 of 11 114 05/31/2022 Item 1. (G) Complaint Process (1) Filing Complaints.Any citizen of Wylie who believes that there has been a violation of the Code may file a sworn Complaint with the City Secretary. The Complaint shall: a. Identify the person or persons who allegedly committed the violation; b. Provide a statement of the facts on which the Complaint is based; c. To the extent possible,identify the rule or rules allegedly violated; and d. Be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. e. The Complainant may also recommend other sources of evidence that the Reviewing Attorney should consider and may request a hearing. • f. Complaints arising out of an event or a series of related events shall be addressed in one complaint. Complainants shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous Complaint. When two or more Complaints are sufficiently similar in nature and remedy sought to permit their resolution through one proceeding, the City may consolidate the complaints. (2) Confidentiality.No City Official shall reveal information relating to the filing or processing of a Complaint, except as required for the performance of Official duties. Documents relating to a Complaint will be maintained by the City Secretary in accordance with applicable records retention laws and are confidential,to the extent permitted by law. (3) Notice/Timelines I Representation a. Days,as used herein, is defined as City business days. b. All timelines provided herein must be followed, subject only to extensions approved in writing by the City Manager based on the individual circumstances surrounding the review of the Complaint. c. A Complaint must be filed with the City Secretary within six(6)months of the date the Complainant knew, or with reasonable diligence should have known, of the events or series of events giving rise to the Complaint.The City Secretary shall not accept or process any Complaint that is filed more than six(6)months after the date of the violation alleged in the Complaint. Complaints not filed within this timeframe are barred and will be dismissed as untimely. d. Within three(3)business days of receiving a Complaint,the City Secretary shall provide a copy of the full Complaint to the City Official who is the subject of the Complaint ("Respondent"), the City Attorney,the City Manager, and the Reviewing Attorney. e. If the City Manager is not available or is implicated, the City Secretary will provide copies,as outlined herein. f. The Reviewing Attorney,13OR,and/or City Council shall allow any person who is the subject of a Complaint to designate a representative if he or she wishes to be represented by someone else and to present evidence,according to rules adopted by the,City Council. (4) Frivolous Complaint a. For purposes of this section, a"frivolous complaint"is a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. b. By a vote of at least two-thirds of those present, the City Council may order a Complainant to show cause why the Complaint filed by the Complainant is not frivolous. c. In deciding if a Complaint is frivolous,the City Council will be guided by Rule 13 of the Texas Rules Civil Procedure,and may also consider: Ordinance No.2022-01—Code of Conduct Page 6 of 11 115 05/31/2022 Item 1. i. The timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant,and with respect to the date of any pending election in which the Respondent is a candidate or is involved with a candidacy,if any; ii. The nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a sworn Complaint was filed; iii. The existence and nature of any relationship between the Respondent and the Complainant before the Complaint was filed; iv. If Respondent is a candidate for election to office, the existence and nature of any relationship between the Complainant and any candidate or group opposing the Respondent; v. Any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and vi. Any evidence of the Complainant's motives in filing the Complaint. d. Notice of an order to show cause shall be given to the Complainant,with a copy to the Respondent,and shall include: i. An explanation of why the Complaint against a Respondent appears to be frivolous; and ii. The date,time, and place of the hearing to be held under this section. e. Before making a determination that a sworn Complaint against a Respondent is frivolous,the City Council shall hold a hearing at which the Complainant may be heard and accompanied by his or her retained counsel. f. By a record vote of at least a simple majority of those present after the hearing under this section, the City Council may determine that a Complainant filed a frivolous Complaint and may recommend sanctions against that Complainant. g. Before imposing a sanction for filing a frivolous Complaint, the City Council shall consider the following factors: i. The seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation; ii. The sanction necessary to deter future violations;and iii. Any other matters that justice,may require. h. The City Council may impose the following sanctions: A civil penalty of not more than$500; ii. Imposition of attorneys' fees incurred by Respondent; iii. Any other sanction permitted by law;and/or iv. The City Council may notify the appropriate regulatory or supervisory agency for their appropriate action. This may include a referral for criminal prosecution if the facts so warrant. (5) Review of Complaint a. Within seven (7) business days of receiving the Complaint from the City Secretary, the Reviewing Attorney shall issue a written advisory opinion, dismissing or referring the Complaint to the BOR: i. Dismiss the Complaint if: 1. The deadline for filing a Complaint has passed; 2. The accused is not subject to the Code; 3. The conduct alleged is not regulated under the Code; 4. The Complaint is not completed as defined herein or signed and sworn to by the person filing the Complaint in the form of an affidavit; or Ordinance No.2022-01—Code of Conduct Page 7 of 11 116 05/31/2022 Item 1. 5. The person who is the subject of the Complaint had obtained a waiver permitting the conduct. ii. Dismissal of a Complaint under this provision is final and non-appealable. iii. If the Reviewing Attorney dismisses the Complaint, the Reviewing Attorney shall forward a copy of the dismissal to the Complainant, Respondent, City Council,and the Board on which the Respondent is a member,if applicable. b. If the Reviewing Attorney does not dismiss the Complaint,as provided herein,the Reviewing Attorney shall refer the Complaint and the advisory opinion to the BOR for review under this provision. The Reviewing Attorney's referral of the Complaint and advisory opinion to the BOR does not mean that any of the allegations of the Complaint are true or false or that any current City Official has or has not violated the Code. c. If the Complaint is referred to the BOR for review,the Reviewing Attorney shall also copy his or her advisory opinion to the Complainant,the City Manager, and the City Attorney within seven(7)business days of receipt of the Complaint.For Complaints not dismissed by the Reviewing Attorney,and subsequently referred to the BOR,the notice to the Respondent will include notice of the Respondent's option to file a written response to the advisory opinion with the City Secretary within seven (7) business days of receipt of the opinion from the Reviewing Attorney.The City Secretary will forward the Respondent's written response to the BOR with the Complaint and the Reviewing Attorney's advisory opinion. (6) Board of Review Process. a. The BOR shall meet within forty-five(45)days of receiving a referral of a Complaint from the Reviewing Attorney, unless extended by the City Council. The BOR will review the Complaint,the Reviewing Attorney's advisory opinion,the Respondent's response (if any), and applicable City policies, ordinances, and/or other related information(the"BOR Record"). b. The BOR may dismiss a Complaint as provided below or, if not dismissed, refer the Complaint to the City Council for consideration as outlined herein. (7) The BOR Review and City Council Review/Hearing a. The BOR may dismiss a Complaint if: i. The alleged violation is a minor or de minimis violation; ii. The Complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; iii. The matter has become moot because the Respondent is no Ionger an elected official or Administrative Board or Advisory Board member; or iv. The Respondent came into voluntary compliance. c. The determination regarding whether a complaint is frivolous and subject to sanctions will be addressed by the City Council as outlined in Section 8(G)(3) herein. d. The BOR will conduct its review of a Complaint not dismissed pursuant to paragraph 3.a.i. of this section at meetings which are open to the public. e. The rules shall require the dismissal and the reason for dismissal to be submitted by the BOR in writing and available to the public within forty-five (45) days of considering the Complaint under paragraph 4.b.above,unless extended by the City Council.A dismissal under this provision by the BOR is final and non-appealable. f. If the BOR does not dismiss the Complaint,the BOR will refer the Complaint,BOR Record to the City Council within forty-five(45)business days of considering the Complaint, unless extended by the City Council. Ordinance No.2022-01—Code of Conduct Page 8 of I I 117_. 05/31/2022 Item 1. (7) City Council Review/Hearing a. Not later than 15 business days after the BOR forwards a Complaint to the City Council for consideration, or 15 business days after the BOR's deadline to issue a decision, the City Secretary shall notify in writing the City Council, the Complainant and the Respondent of the date,time and location of a hearing on the Complaint.Such written notice shall be sent to the Complainant and the Respondent by email, mail, and/or certified mail,return receipt requested. If the hearing is not held within 45 business days after receipt of the Complaint,the City Secretary shall notify both the Complainant and the Respondent of the reasons for the delay. b. All hearings shall be conducted in accordance with the Texas Open Meetings Act, Tex. Government Code Chapter 551.The City Council shall have the right to hold the hearing in open or closed session as permitted by applicable laws and regulations. Additionally, the City Council shall establish time limits and other rules of procedure for a hearing and relating to the participation of any person in the hearing. Subject to the rules of procedure established by the City Council for the hearing: i. Both the Complainant and the Respondent shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his/her behalf. ii. All proceedings of the hearing shall be recorded by audio recording if a court reporter is not used,or reduced to writing by a court reporter if present for the hearing. If a'court reporter is not used,the audio recording shall be filed with the City Secretary within such time as specified by the City Council, If a court reporter is used, the court reporter's transcript of the hearing shall be filed with the City Secretary within such time as is specified by the City Council. iii. The procedures established by the City Council shall allow the Complainant and the Respondent sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. iv. The rules shall require the City Council to schedule the hearing at a time that is reasonably convenient to both the person who submitted the Complaint and the subject of the Complaint. g. The City Council shall consider the BOR Record,the Complaint,the Respondent's response (if any), and the advisory opinion of the Reviewing Attorney, and evidence submitted in the course of the hearing.The final action, decision, or vote of the council with regard to the Complaint shall be taken or made only in a meeting that is open to the public. The City Council shall base its finding of whether a violation occurred on a preponderance of the evidence. Only members of the City Council present for the hearing may participate in its decision. h. The City Council shall consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern. The City Council shall dismiss a Complaint if the Complainant does not appear at the hearing and if, in the opinion of the City Council, it would be unfair to the Respondent to proceed without the Respondent having the opportunity to question and address the issues raised in the Complaint. j. A City Council member may not participate in the CompIaintreview process and/or hearing if the member is the subject of the Complaint or is the Complainant, or if the Respondent or Complainant is related to the City Council member within a prohibited level of affinity or consanguinity. Ordinance No.2022-01 —Code of Conduct Page 9 of 11 118 05/31/2022 Item 1. k. The decision of the City Council is final and non-appealable. (H) Findings/Consequences (1) City Officials deemed to be in violation of the Code are subject to consequences,including but not limited to the following: a. Censure - If the violation did not involve a matter of public concern and the City Council finds that a violation of this Code occurred,the City Council may issue a censure of the City Official,to the extent permitted by law. b. Letter of Notification —The City Council may issue a letter of notification if the City Council finds that a violation of this Code was clearly unintentional. A letter of notification must advise the City Official of any steps to be taken to avoid future violations. c. Letter of Admonition—The City Council may issue a letter of admonition if the City Council finds that a violation of this Code was minor, but where the circumstances call for a more substantial response than a letter of notification. d. Reprimand—To the extent permitted by law, City Council may issue a reprimand if the City Council finds that a violation of this Code was not minor and was committed intentionally or through reckless disregard. e. Removal from Leadership Position In addition to,or in place of,the consequences outlined above,the City Council may remove a City Official from any leadership position held by that City Official as a member of the body in which the City Official serves. f. Removal from Administrative Boards and Advisory Boards—In addition to, or in place of, the consequences outlined above, the City Council may remove an appointed City Official from Administrative Boards and Advisory Boards. Section 9. Other Obligations This Code is cumulative of, and supplemental to, applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding conduct, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code,action may be prohibited by duly promulgated personnel rules,which may be more stringent. Section 10. Effective Date This Code shall take effect on January, 11,2022,following its adoption and publication as required by law (the"Effective Date"). Section 11. Distribution and Training (A) Every person shall be provided reasonable opportunity to review this Code as a condition of their candidacy and/or application to be a City Official.At the time of application for a position of City Official,every applicant shall be furnished with a copy of this Code. (B) Individuals seated as City Officials on the Effective Date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the Effective Date.All City Officials elected,appointed or retained following the Effective Date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before Ordinance No.2022-01—Code of Conduct Page 10 of 11 119 05/31/2022 Item 1. performing any of the duties or functions of the City Official's position. (C) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code, the City Charter,and Chapters 171 and 176 of the Texas Local Government Code.Such materials and programs shall be designed to maximize understanding of the obligations imposed by these conduct laws. Section 12. Severability If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,on this 1lth day of January,2022. (9., atthew Porter,Mayor ATTESTED AND �+�5 CORRECTLY RECO ED: -, ,(�f:rl.- y �If� .1 �, l�J~ter _' f��r � '�� A { ; iI Stephanie Storm 17 ; , -a 6 , -*..-T-,--- ',,,,,—.. .; gA rE 4). .1887. ST'1E or le `� Date of publication in The Wylie News—January 19,2022 I Ordinance No.2022-01—Code of Conduct Page 11 of 11 120 05/31/2022 Item 1. EtL,Sat IIRI5ilait11E°5 Muiphy Monitor The Princelon Iloaalcl 3 1E7 SE hp:New3 3 TI1E WYLIE NEWS inedia STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and(4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinance No. 2022-01 & Ordinance No. 2021-55 was published in said newspaper on the following date(s),to-wit: January 19,2022 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 20th day of January,2022,to certify which witness my hand and seal of office. ad. r r Notary Publi 4111, for ritsitA A DUGGAN 04.4 26646343 The State of NotarY ID*i my cornmlsoort Exp reb. AUgUSt 12,2024 44 ac My commission expires 08/12/2024. Elorph7, 332113e 11S:Plc Office 3 110 N 13211214 P 0 13os 369•337y he TX 75098 3 972-442-5315 fax 9 72-442-4318 1 aro-4 so Oflice 3 101 Slain 3 P(1 Box.512 3 1 arrnels1 le„ X 75442 3 972-784 6297 3 fax 972-782 7(123 121 05/31/2022 Item 1. January 19-20,2022 3C Ordinance No.2021-55 An Ordinance Of The City Of Wylie, Texas, Amending Chapter 110 (Traffic And Vehicles) Of Article Vi. (Stop- ping, Standing, And', Parking) Of Section 110-173 (Stopping, Standing, Or Parking Prohibited In Certain Places) Of The Wylie3 Code Of Ordinances;; 1 CITY OF WYLIE Creating Section 110- 173 (G) Prohibiting Ordinance The Stopping, Stand-, No.2022.01 ing; Or Parking Of A Vehicle Along The An Ordinance Of The North Side Of Cloud- City Of Wylie, Texas, croft Dr. From S. Bal- Repealing Ordinance lard Ave. East To The No. 2014-19, Creating West Property Line Of A Code Of Conduct; 115 Cloudcroft (Ap- Providing For A Pen- proximately 582 Feet) alty For The Violation And The South Side Of Of This Ordinance; Cloudcroft Dr.From S. Providing For Re- Ballard Ave. East To pealing, Savings, And The Point Of Intersec- Severability Clauses; tion With Vail Ln.(Ap- Providing For An Ef proximately 560 Feet) fective Date Of This And On Both Sides Of Ordinance; And Pro- Stoneybrook Dr. From; viding For The Publi- S. Ballard Ave. West' cation Of The-Caption To The Point Of Inter- Hereof. • . section With Willow Way (Approximately 360 Feet) During Those Times Set Forth In This Ordinance; Es- tablishing An Offense; Providing For A Pen- alty For The Violation Of This Ordinance; Providing For Re- pealing, Savings And` Severability Clauses; Providing For An Ef- fective Date Of This Ordinance; And Pro- viding For The Publi- cation Of The Caption Hereof. 3841t-861i 122 05/31/2022 Item 2. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-43 amending Ordinance No. 2021-43, which established the budget for fiscal ear 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation I otion to approve Item as presented. Discussion The Taste of Wylie proceeds total$6,832.71. The City of Wylie would like to donate this amount to the local food pantries. Financial Summary/Strategic Goals This is a budget neutral amendment. 123 05/31/2022 Item 2. ORDINANCE NO. 2022-43 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2021-43, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2021- 2022; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No. 2021-43 setting forth the Budget for Fiscal Year 2021-2022 beginning October 1,2021,and ending September 30, 2022; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2021-2022 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2021-2022 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2022-43, are completely adopted and approved as amendments to the said FY 2021-2022 Budget. SECTION II: All portions of the existing FY 2021-2022 Budget and Ordinance No. 2021-43, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid,illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No.2022-43—Budget Amendment (Taste of Wylie) Page 1 of 2 124 05/31/2022 Item 2. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 3 1st day of May, 2022. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2022-43—Budget Amendment (Taste of Wylie) Page 2 of 2 125 05/31/2022 Item 2. Budget Amendment Exhibit A Taste of Wylie Proceeds Donation Fund Department Account Number Account Description Debit Credit 100 4000 48410 Miscellaneous Income 6,832.71 100 5181 56040 Special Services 6,832.71 6,832.71 6,832.71 126 05/31/2022 Item 3. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 447-5447-58570 Prepared By: Glenna Hayes Subject Consider, and act upon, the first modification to PSPO #W2019-8-E for FM 544 (Stone Road) Phase 3 Improvements from North of Alfred Drive to Vinson Road to Freese & Nichols, Inc. in the amount of $146,240.00 and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The Wylie City Council awarded PSPO#W2019-8-E on October 18, 2018 to Freese &Nichols Inc. for the design of FM 544 (Stone Road Phase 3)from the existing concrete pavement north of Alfred Drive to Vinson Road. The project included paving reconstruction, storm drainage upgrades and cross culverts, intersection turn lanes,a roundabout at the southern terminus,and amenities potentially including sidewalks, landscape and irrigation only in the roundabout, water and wastewater main adjustments and/or lowerings, and conduits for future street lighting. The project also included geotechnical investigation and analysis, environmental investigation and permitting, topographical and boundary survey including preparation of parcel descriptions for ROW acquisition, subsurface utility engineering, TDLR accessibility registration/plan review/inspection, roundabout evaluation and layout,and bid/construction phase services.Collin County is co-funding 50 percent of the projected project maximum cost of$10,042,500.00 through an interlocal agreement signed October 15, 2008 (Court Order No. 2008- 862-10-14). Based on current traffic volumes, staff is requesting approval for an expanded scope of work to include the design of a signal at the FM 544 and Alanis Drive intersection. In addition, staff is requesting right-of-way acquisition services (in lieu of reaching out to a third party for a separate contract) to include appraisal services, ROW agent services, and obtaining right- of-entry permission. It is anticipated that the design plans will be completed in Fall 2022 and construction will begin in early 2023. Staff recommends approval of the first modification to PSPO #W2019-8-E for traffic signal design and ROW services in the estimated amount of$146,240.00, as providing the best overall value to the City. Financial Summary/Strategic Goals PSPO#W2019-8-E Total: $1,137,740.00 127 05/31/2022 Item 3. (.1- WYLIE CITY COUNCIL AGENDA SUMMARY PROFESSIONAL SERVICES PROJECT ORDER(PSPO) BETWEEN THE CITY OF WYLIE and FREESE& NICHOLS, INC. FM 544(Stone Road Phase 3)from north of Alfred Drive to Vinson Road #W2019-8-E Modification No. 1 Project History: Freese & Nichols Inc. was awarded a PSPO for the design of FM 544(Stone Road Phase 3)from the existing concrete pavement north of Alfred Drive to Vinson Road on 10/18/2018. The project included paving reconstruction, storm drainage upgrades and cross culverts, intersection turn lanes, a roundabout at the southern terminus, and amenities potentially including sidewalks, landscape and irrigation only in the roundabout, water and wastewater main adjustments and/or lowerings, and conduits for future street lighting. The project also included geotechnical investigation and analysis, environmental investigation and permitting,topographical and boundary survey including preparation of parcel descriptions for ROW acquisition, subsurface utility engineering,TDLR accessibility registration/plan review/inspection, roundabout evaluation and layout, and bid/construction phase services. Collin County is co-funding 50%of the projected project maximum cost of$10,042,500.00 through an interlocal agreement signed 10/15/2008 (Court Order No. 2008- 862-10-14). Modification No. 1 to this PSPO will add the following services: • ROW Acquisition Management& Meetings—coordination with land agent and appraiser, including project meetings related to ROW acquisition services. • Appraisal Services-for up to 10 parcels, conduct pre-appraisal contacts with property owners, provide appraisal reports and obtain final approvals from the City. • Right of Entry Services—for up to 3 parcels and coordinating with Homeowner Associations • Title & Negotiation Services—providing right of way title and negotiation services • Traffic Signal Design—intersection of FM 544 and Alanis Drive • Design Management Services • Preliminary Design—draft design documents and opinion of probable construction costs • Final Design—final design plans and specifications; assist during bid process • Construction—assist with contractor questions, plan revisions (if required), change orders, and payment processing. 128 05/31/2022 Item 4. ORDINANCE NO. 2022-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS AMENDED; APPENDIX A (WYLIE COMPREHENSIVE FEE SCHEDULE), SECTION IX (PARKS AND RECREATION), SUBSECTIONS A THROUGH H; 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 adopted a Comprehensive Fee Schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas ("Wylie"), which is codified in Appendix A to the Wylie Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"); and WHEREAS, the City has reviewed the following provisions of the Comprehensive Fee Schedule as provided herein: Section IX(Parks and recreation), Subsection A through Subsection H; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to amend Appendix A of the City's Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"), as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Appendix A(Wylie Comprehensive Fee Schedule)of the Wylie Code of Ordinances. Appendix A(Comprehensive Fee Schedule) of the Code of Ordinances is hereby amended as follows: "IX. Parks and recreation. A. Recreation Division Fees The city manager or designee shall have the authority to establish and/or amend fees related to the Recreation Division's programs, classes, memberships, rentals, concessions, merchandise, and all other related services available through Wylie Parks and Recreation. 1. City Manager Authority: The city manager or designee shall submit a proposed schedule of membership and rental fees to the city council for input and approval as part of the city's annual budget process. The city council may require the fees to be adjusted at any time. Such fees are charged to help offset maintenance and operational costs associated with recreation offerings.The city manager or designee may evaluate fees from time to time and revise them as necessary to reflect changes in costs and/or competition and to conform to the budget requirements adopted by the city council. Ordinance No.2022-44-Amendment to the Wylie Comprehensive Fee Schedule(Parks&Recreation Fees) Page 1 of 3 2093673 129 05/31/2022 Item 4. 2. Director Authority: The director is authorized to add programs and classes, adjust the minimum and maximum participation requirements, and omit programs as necessary to meet the needs of the community and maintain appropriate cost recovery. The director is authorized to establish fees for such programs based on a combination of the amounts charged by contracted service providers, the maintenance and use costs of facilities and equipment, the costs associated with offering and administering the programs, and the budget requirements adopted by the city council. The director is granted discretion to reduce or eliminate fees for events or activities that further the city's mission including, without limitation, those events or activities that are highly attended by Wylie residents or which promote tourism and enhance the quality of life. City support of such events or activities will be addressed during the city's budget process. B. Pavilion Rental(excluding neighborhood parks). Wylie Non-Profit Groups: $5.00 per hour(not to exceed$20.00 per day). Residents,per hour: $10.00. Non-residents,per hour: $25.00. C. Athletic Field Reservation Fees. Per person,per sport season, 18 and under: $5.00. Per person,per sport season, 19 and older: $10.00. Athletic field light,per hour/per field: $18.00. Tournament or single use per field reservation: $10.00 per hour plus lights. Light key deposit: $100.00. Late payment fee(athletic fields): Amount owed plus 10%. D. Park Land Dedication Fees(land dedication minimum five acres and five acres per 100 lots). Five or more lots per acre,per lot: $1,500.00. Three or four lots per acre,per lot: $2,000.00. One or two lots per acre,per lot: $3,000.00. Apartment units,per unit: $800.00." SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Ordinance No.2022-44-Amendment to the Wylie Comprehensive Fee Schedule(Parks&Recreation Fees) Page 2 of 3 2093673 130 05/31/2022 Item 4. Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect,save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, 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. The City Council hereby declares that it would have passed this Ordinance,and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 31st day of May,2022. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary DATE OF PUBLICATION: June 8,2022, in The Wylie News Ordinance No.2022-44-Amendment to the Wylie Comprehensive Fee Schedule(Parks&Recreation Fees) Page 3 of 3 2093673 131 05/31/2022 Item 4. IX. Parks and recreation. A. Definitions.As used in this Section IX(Parks and Recreation),the following terms shall have the meanings set forth below: Adult shall mean any person aged 18-54 years. Proof of adulthood is required in the form of a valid driver's license or government-issued identification card. Brown House shall mean that historical structure located at 301 N. Ballard Ave.,Wylie,Texas 75098. Household Pass shall mean a pass granted to up to six members of the same household (residing at the same address)for entry to the Wylie Recreation Center. Non-Resident shall mean any person who resides outside of the City of Wylie city limits and does not pay City of Wylie property taxes. Resident shall mean any person who resides in the City of Wylie city limits. Proof of residency is required in the form of a current City of Wylie utility bill or tax statement and a valid driver's license or government-issued identification card. Senior shall mean any person aged 55 years or older. Proof of senior status is required in the form of a valid driver's license or government-issued identification card. Wylie Non-Profit Group shall mean a qualified non-profit group that provides a benefit and/or service in the City of Wylie.The city requires written proof of non-profit or 501(c)(3)status. Youth shall mean any person aged 7-17 years or older.Youth must be accompanied by a parent or legal guardian or must provide a completed Youth Individual Recreation Pass form (to be supplied).A parent or legal guardian must present a valid driver's license or government-issued identification card. B. City Manager Authority. The city manager or his or her designee shall have the authority to establish and/or amend fees related to the programs,classes and related services available through Wylie Parks and Recreation. C. Pavilion Rental(excluding neighborhood parks). Wylie Non-Profit Groups:$5.00 per hour(not to exceed$20.00 per day). Residents, per hour:$10.00. Non-residents, per hour: $25.00. D. Athletic Field Reservation Fees. Per person, per sport season, 18 and under:$5.00. Per person, per sport season, 19 and older:$10.00. Athletic field light, per hour/per field:$18.00. Tournament or single use—per field reservation:$10.00 per hour plus lights. Light key deposit:$100.00. Late payment fee(athletic fields):Amount owed plus 10%. E. Reserved. F. Park Land Dedication Fees(land dedication—minimum five acres and five acres per 100 lots). Five or more lots per acre, per lot:$1,500.00. Created: 2022-04-13 15:41:12 [EST] (Supp. No.1) Page 1 of 3 132 05/31/2022 Item 4. Three or four lots per acre, per lot:$2,000.00. One or two lots per acre, per lot:$3,000.00. Apartment units, per unit:$800.00. G. Wylie Recreation Center Fees. Pass Fees Residents Non-residents Adult Annual Pass Fee $175.00 $225.00 Youth Annual Pass Fee $105.00 $135.00 Senior Annual Pass Fee $105.00 $135.00 Household Annual Pass Fee(up to 6 pass holders) $325.00 $405.00 Adult 1 Month (Auto Renew eligible) $22.00 $27.00 Youth 1 Month (Auto Renew eligible) $10.00 $14.00 Senior 1 Month (Auto Renew eligible) $10.00 $14.00 Household 1 Month (Auto Renew eligible) $40.00 $50.00 Adult Daily Pass $8.00 $8.00 Youth Daily Pass $5.00 $5.00 Senior Daily Pass $5.00 $5.00 I.D.Card Replacement(per card) $5.00 $5.00 Facility Fees Aerobics Room/hour $35.00 $45.00 Classroom/hour $30.00 $40.00 Climbing Wall/hour $55.00 $65.00 Meeting Room (per section)/hour $45.00 $55.00 Kitchen/hour $35.00 $45.00 Gym (1/2 section)/hour $55.00 $65.00 Gym (full section)/hour $105.00 $135.00 Meeting Room (all sections/4 hour minimum)/hour $81.25 $63.75 Meeting Room (all sections of gym and meeting rooms)/4 $495.00 $645.00 hour minimum-$125.00 per hour after 4 hours Cancellation Fee $50.00 $50.00 Deposits $100.00 $100.00 Wylie Non-Profit Groups Regular Rates Regular Rates The rate for a recreation pass(not including facility rentals)for use of the Wylie Recreation Center by City employees is free. Family members of city employees may receive a 25 percent discount on their pass fee to the Wylie Recreation Center, based on resident rates. H. Brown House Deposit/Fees. Type of Rental Deposit Hourly Rate Minimum Cancellation Fee (within 14 days of rental date) Resident: Mon- $300.00 $100.00 2 hrs. $150.00 Thu Resident: Fri-Sun $300.00 $125.00 4 hrs. $150.00 Created: 2022-04-13 15:41:12 [EST] (Supp. No.1) Page 2 of 3 133 05/31/2022 Item 4. Non-resident: $300.00 $125.00 2 hrs. $150.00 Mon—Thu Non-resident: $300.00 $150.00 4 hrs. $150.00 Fri—Sun Photo- $0.00 $50.00 Per hour $0.00 graphy session (outdoor/indoor) Non-profit: $100.00 $50.00 2 hrs. $50.00 Mon—Thu only Wylie High School $0.00 $0.00 N/A $0.00 Senior Tea: Mon—Thu only (Ord. No.2010-08,§2(exh.A),6-8-2010;Ord. No. 2015-27, §2,8-25-2015;Ord. No. 2015-38, §2, 11-10-2015;Ord. No. 2016-10, §2,5-24-2016;Ord. No. 2017-10, §2, 3-14-2017) Created: 2022-04-13 15.41.12 [EST] (Supp. No.1) Page 3 of 3 134 05/31/2022 Item 5. Wylie City Council CITY OF AGENDA REPORT This Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-45 amending Ordinance No. 2021-43, which established the budget for fiscal ear 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation I otion to approve Item as presented. Discussion The amount of $538,629.80 was seized in accordance with Chapter 59 of the Code of Criminal Procedures. After a plea agreement, we agreed to return $23,710.25 to the defendant leaving $514,919.55 to be deposited into Wylie Police Department's State Seizure account. According to the asset forfeiture agreement between the Wylie Police Department and the Collin County District Attorney's Office,we are required to pay them 20%after court costs are subtracted.The court costs are$1,490.00 to the Collin.County District Clerk and the District Attorney fees are$102,685.92. These fees are to be paid out of the$514,919.55 leaving a net increase in the seizure account of$410,743.63. Financial Summary/Strategic Goals The state seized funds account will increase by a net of$410,743.63.This amount becomes part of the Assigned General Fund Fund Balance because it is only available to spend on specific law enforcement items. The Unassigned General Fund Fund Balance is not changed by this amendment. 135 05/31/2022 Item 5. ORDINANCE NO. 2022-45 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2021-43, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2021- 2022; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No. 2021-43 setting forth the Budget for Fiscal Year 2021-2022 beginning October 1,2021,and ending September 30, 2022; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2021-2022 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2021-2022 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2022-45, are completely adopted and approved as amendments to the said FY 2021-2022 Budget. SECTION II: All portions of the existing FY 2021-2022 Budget and Ordinance No. 2021-43, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid,illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No. 2022-45—Budget Amendment(Police Seized Funds) Page 1 of 2 136 05/31/2022 Item 5. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 31st day of May, 2022. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2022-45—Budget Amendment(Police Seized Funds) Page 2 of 2 137 05/31/2022 Item 5. Budget Amendment Exhibit A Police - State Seized Funds Fund Department Account Number Account Description Debit Credit 100 4000 43570 Police Seized Funds 538,630.00 100 5211 56040 Special Services 127,900.00 127,900.00 538,630.00 138 05/31/2022 Item 6. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon,Ordinance No.2022-46,amending Wylie's Code of Ordinances,Ordinance No.2021-17,as amended, amending Chapter 58 (Historical Preservation), Article I(General)and Article II(Landmarks). Recommendation Motion to recommend approval as presented, and to designate the Historical Review Commission as the entity with exclusive authority to approve the designations of properties as local historic landmarks and the inclusion of properties in a local historic district. Discussion The Historic Review Commission held a series of work sessions to discuss proposed updates to Chapter 58 Landmarks of the Code of Ordinances to consider enhancing the current Landmarks section.The subject section was last amended in 1990. The attached draft is presented as recommended by the HRC at its March 24, 2022 meeting. Summary of amendments include: • Creating definitions as well as changes to bring the ordinance more in line with established goals of the HRC • Removed wording regarding perpetual monthly basis and replaced with a purpose statement • Established criteria to set landmark designations • Established a section to outline an ordinary maintenance clause • Alternative parking and loading for properties with landmark designations The purpose of designating a local historic landmark is to bring attention to the general public of places of importance and protect the historic resource from inappropriate changes or demolition. In addition, such landmarks will help reinforce the city's mission statement of "Honoring our past;Embracing our present;Planning our future." Guidance for landmark designation shall be in accordance with Local Government Code Chapter 211, whereby section 211.0165 outlines the necessary steps and grants authority to the municipality. Before a structure or land can be designated as a local historic landmark, the property owner must consent. If the property owner does not consent, approval by at least a three-fourths majority vote of the City Council and Planning and Zoning Commission, or HRC is required. (Sec. 58-22) In accordance with LGC Ch. 211.0165(a-1) when a property owner does not consent, the municipality shall designate the Planning and Zoning Commission or the Historical Review Commission as the entity with exclusive authority to approve the designations of properties as local historic landmarks and the inclusion of properties in a local historic district. The exclusive authority to the Commission is granted only when a property owner does not consent to their property being designated as a local landmark. 139 05/31/2022 Item 6. Responsibility of the City: The municipality must provide the property owner a statement that describes the impact that a historic designation of the owner's property may have on the owner and the owner's property. Consideration of incentives or tax abatement on City portion of taxes for properties with a designated landmark. Responsibility of the property owners: All property owners with a designated landmark have the responsibility as any property owner within the City to maintain their property to minimum standards, which include the structural soundness of the building, deteriorated roofing or siding materials,broken windows,maintaining porches and balconies, and keeping the yard free of debris. Approval from the HRC and City Council is required prior to any exterior work beginning on a property with a designated landmark. Financial Summary/Strategic Goals Ties in with the City's mission statement: Honoring our past; Embracing our present; Planning our Future. 140 05/31/2022 Item 6. ORDINANCE NO. 2022-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO. 2021-17,AS AMENDED, AMENDING CHAPTER 58 (HISTORICAL PRESERVATION), ARTICLE I (GENERAL) AND ARTICLE II (LANDMARKS); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAVINGS AND REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,City Council has adopted "Honoring our past;Embracing our present;Planning our future"as the City's mission statement; and WHEREAS, cultural and historic resources enhance the quality of life for individuals living in, working in, and visiting the City of Wylie; and WHEREAS, designating a local historic landmark is to bring attention to the general public of places of importance and protect the historic resource from inappropriate changes or demolition; and WHEREAS, Chapter 211, Section 211.0165 of the Texas Local Government Code outlines the necessary steps and grants authority to the municipality to designate Historic Landmarks or Districts; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to amend Chapter 58 (Historical Preservation), Article I(General) and Article II(Landmarks) of the City's Code of Ordinances, Ordinance No. 2021-17, as amended("Code of Ordinances"), as set forth below, to promote public health, safety and welfare to promote cultural, or architectural importance and significance. 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: That Chapter 58 of the Code of Ordinances,City of Wylie,Texas,is hereby amended as follows: "CHAPTER 58—HISTORICAL PRESERVATION ARTICLE I. -IN GENERAL Secs. 58-1 - 58.19.-Reserved ARTICLE II. -LANDMARKS Sec. 58-20.-Definitions. Accessory Structure means structures which are incidental to,and located on the same lot as a principle building(s)including but not limited to, gazebos, garages, sheds, greenhouses, etc. Building means a structure for the support or shelter of any use or occupancy. Ordinance No. 2022-46-Creating Local Landmarks Page 1 of 6 141 05/31/2022 Item 6. Certificate of Appropriateness (COA) means a permit issued by the historic review commission and the city council granting an applicant approval for the alteration, change, demolition, relocation, excavation, or new construction of contributing site, contributing structure, or landmark for work proposed by an owner or applicant that is subject to this article. Contributing Structure means a building, site, structure,or object that adds to the historic character,or cultural values and possesses historic integrity of the district or area, and because it was constructed during the period of significance,typically at least 50 years old. Demolition means an act or process(notwithstanding acts of God,criminal activity,etc.)which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural,historic, or architectural integrity. Demolition by Neglect means allowing a structure,whether intentional or unintentional,to fall into such a state of disrepair that it becomes necessary or desirable to demolish it. Demolition Delay means suspension by the City of Wylie of an application for removal or demolition of a structure. Design Standards means guidelines adopted by the city council defining the requirements that will preserve the historic and architectural character of a structure or a historic district. Downtown Historic District (DTH) means an area as described in Section 6.3 Downtown Historic District (DTH) B. District Boundaries of the city's Zoning Ordinance. The historic district may have within its boundaries contributing, and non-contributing structures. Historic Review Commission(HRC)means the historic review commission of the City of Wylie. Historic Landmark (HL) means a structure, a group of structures, a site, an area, a district, or combination thereof, that has received designation from the Wylie City Council on its own and not as part of the Downtown.Historic district. It may or may not also be located within the Downtown Historic district as part of a separate designation. Historic Preservation means the protection,rehabilitation,restoration, or reconstruction of historically significant structures in an effort to preserve the historic character of Wylie. Heritage Preservation Plan or Preservation Plan means a document created by the historic review commission to provide a current inventory of heritage resources, a list of potential heritage resources, and to make policy recommendations to guide heritage preservation activities for the city of Wylie. Heritage Resource means a property or properties designated by the city council as a Historic Landmark (HL)or Downtown Historic district(DTH). Maintenance means any work for which the purpose and effect of which is to correct or protect with Ordinance No. 2022-46-Creating Local Landmarks Page 2 of 6 142 05/31/2022 Item 6. least degree of intervention any deterioration or decay of or damage to a structure or property, or any part thereof, and to repair or replace the same, as nearly as may be practicable, to avoid any further deterioration, decay, or damage,using the same materials or those materials available which are as close as practicable to the original and all of which must comply with applicable codes and ordinances. Maintenance does not include a change in design, material, or outward appearance,but does include in- kind repairs or replacements. Minor in-kind repairs or replacements means small-scale repairs or replacements to correct minor problems or damage to the exterior of a structure or building,not including a change in design,material, or outward appearance. Examples that satisfy this definition include, but are not limited to touch up painting, spot replacement of shingles, replacement of a windowpane, caulking, and securing loose boards. National Historic Landmark means a nationally significant historic place designated by the Secretary of the Interior for its exceptional value or quality in illustrating or interpreting the heritage of the United States. National Register of Historic Places means the nation's official list of buildings, districts, and sites, including structures and objects, significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission. Non-contributing structure means a structure within a heritage district that was substantially constructed after the district's period of significance and is not an integral part of the historic, archaeological and architectural fabric of the district or the city, or was substantially constructed within the district's period of significance and does not retain a significant portion of its architectural or design integrity. Potential heritage resource means a property listed in the preservation plan that, according to preliminary research, may have historical, cultural, archeological or architectural importance, either as an individual property or as part of a larger district. A potential heritage resource has not received designation, but has the potential to become designated with further historic research, restoration, or property owner interest. Preservation means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment;however,the limited and sensitive upgrading of mechanical,electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. Reasonable rate of return means a reasonable profit or capital appreciation, which may accrue from the use or ownership of a structure or property as the result of an investment or labor. Ordinance No. 2022-46-Creating Local Landmarks Page 3 of 6 143 05/31/2022 Item 6. Reconstruction means the act or process of depicting,by means of new construction,the form,features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Recorded Texas Historical Landmark means a state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric,at least fifty (50)years of age, and retained their original exterior appearance. Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values. Relocation means any change of the location of a structure,object,or material thing in its present setting to another setting. Restoration means the act or process of accurately depicting the foil", features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. Secretary of the Interior's Standards for Rehabilitation means the standards established by the Secretary of the Interior for advising federal agencies on the preservation and rehabilitation of historic properties listed or eligible for listing on the National Register of Historic Places. State Antiquities Landmark means a designation made by the Texas Historical Commission and, in the case of privately-owned property, with the landowner's permission. This designation can include buildings as well as archeological sites. For a building to be designated as a state archeological landmark,it must first be listed on the National Register of Historic Places. Sec. 58-21.-Landmark Designation Purpose. In accordance with Section 11 of Ordinance No. 2013-17, and Local Government Code Chapter 211, Section 211.0165 Designation of Historic Landmark, as amended, the municipality shall have the authority to recommend historic landmarks that have local importance. Designating local historic landmarks as Places of Importance brings attention to the general public and protects the historic resource from inappropriate changes or demolition. Such places of importance may be edifices or locations which are distinctive and important elements of the city's cultural, social,economic,political, archeological and architectural history. Sec. 58-22.-City council to designate. Designation of city landmarks will be made by the City Council. Designations may be initiated by a property owner,the Wylie Historical Society of the city,the City Council, or the Planning and Zoning Commission, the Historic Review Commission, or city staff. If the property owner does not consent, the designation or inclusion of the owner's property must be approved by a three-fourths vote of the Ordinance No. 2022-46-Creating Local Landmarks Page 4 of 6 144 05/31/2022 Item 6. City Council, and the Historic Review Commission. Sec. 58-23. Criteria and Markers. 1. Criteria. In making such designations as set forth in this article, the City Council and the Historic Review Commission shall consider one or more of the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Wylie, State of Texas, or the United States; b. Identification with a person or persons who significantly contributed to the culture and development of the City; c. Location as the site of a significant historic event; d. Exemplification of the cultural, economic, social or historical heritage of the City; e. Relationship to other distinctive buildings,sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; f. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City; g. Value as an aspect of community sentiment or public pride. h. Detailed recommendation from the Historic Preservation Commission. 2. Markers. Designated landmarks will be awarded markers based on the category of selection. a. Historical edifices and similarly small sites shall be designated with a marker detailing the historical significance of the edifice or site. b. Historical zones, areas and residential neighborhoods shall,where possible in cooperation with the parks and recreation department, be provided with a conspicuous and attractive landscaped area with a marker detailing the historical significance of the zone, area or residential neighborhood. 3. Revocation of Local Historical Landmarks. a. Loss of integrity(through alteration, addition, or designation) is the most common reason for the withdrawal of Landmark Designation. The City Council shall have the power to revoke any Local Historical landmark (LHL) for the violation of any criteria set forth by this ordinance. The following criteria shall justify the withdrawal of a Local Historical Landmark designation: (1) The property has ceased to meet criteria for designation; the qualities for which it was originally designated have been lost or destroyed. (2) Additional information forthcoming after the designation demonstrates that the property does not possess sufficient significance to be a Local Historic Landmark. (3) A professional error was made in the designation of the property. Revocation of a Local Historical Landmark designation requires: (1) A public hearing where the HRC and City Council shall determine the nature and extent of the violation of the designation; (2) Proper notice to the designee; (3) Written notice from the HRC, which shall give the designee the reasons for the proposed revocation of the designation; and (4) A finding by the Council that reasonable corrective measures have not been done by Ordinance No. 2022-46-Creating Local Landmarks Page 5 of 6 145 05/31/2022 Item 6. the designee and that revocation of the designation is required. Sec. 58-24. City to take into account all landmarks when making improvements. The City Council, when considering normal city improvements such as lighting, pavement or landscaping, shall, where designated historic landmarks exist, make every effort to ensure that such improvements are in keeping with and enhance the appearance of the landmark edifice or site. Sec. 58-25. Ordinary Maintenance. Nothing in this ordinance should be construed to prevent ordinary maintenance or repair of any exterior architectural feature of a property designated as a landmark or within a historic overlay district. Ordinary maintenance shall be defined as any work that does not constitute a change in design, material, color from a historic palette or outward appearance, and include in-kind replacement or repair. Sec. 58-26.Off-Street Parking and Loading. Due to the development nature of property with a Historic Landmark Designation, it is recognized that conventional off-street parking, loading, and development standards required by Section 6.3 of the comprehensive zoning ordinance for individual lots may be difficult to provide. Any uses proposed with a Historic Landmark Designation may present a plan for parking to the Historic Review Commission and or the Planning and Zoning Commission.Upon review,the required Commission may determine different amounts and methods in establishing off-street parking." SECTION 3: Savings/Repealing Clause. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 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. The City Council 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: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 31st day of May, 2022. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2022-46-Creating Local Landmarks Page 6 of 6 146 05/31/2022 Item 6. ARTICLE I. - IN GENERAL Secs. 58-1 - 58.19. - Reserved ARTICLE II. - LANDMARKS Sec. 58-20. - Definitions. Accessory Structure means structures which are incidental to, and located on the same lot as a principle building(s) including but not limited to, gazebos, garages, sheds, greenhouses, etc. Building means a structure for the support or shelter of any use or occupancy. Certificate Of Appropriateness (COA) means a permit issued by the historic review commission and the city council granting an applicant approval for the alteration, change, demolition, relocation, excavation, or new construction of contributing site, contributing structure, or landmark for work proposed by an owner or applicant that is subject to this article. Contributing Structure means a building, site, structure, or object that adds to the historic character, or cultural values and possesses historic integrity of the district or area, and because it was constructed during the period of significance, typically at least 50 years old. Demolition means an act or process (notwithstanding acts of God, criminal activity, etc.) which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural, historic, or architectural integrity. Demolition by Neglect means allowing a structure, whether intentional or unintentional, to fall into such a state of disrepair that it becomes necessary or desirable to demolish it. Demolition Delay means suspension by the City of Wylie of an application for removal or demolition of a structure. Design Standards means guidelines adopted by the city council defining the requirements that will preserve the historic and architectural character of a structure or a historic district. Downtown Historic District (DTH) means an area as described in Section 6.3 Downtown Historic District (DTH) B. District Boundaries of the city's Zoning Ordinance. The historic district may have within its boundaries contributing, and non-contributing structures. 147 05/31/2022 Item 6. Historic Review Commission (HRC) means the historic review commission of the City of Wylie. Historic Landmark (HL) means a structure, a group of structures, a site, an area, a district, or combination thereof, that has received designation from the Wylie City Council on its own and not as part of the Downtown Historic district. It may or may not also be located within the Downtown Historic district as part of a separate designation. Historic Preservation means the protection, rehabilitation, restoration, or reconstruction of historically significant structures in an effort to preserve the historic character of Wylie. Heritage Preservation Plan or Preservation Plan means a document created by the historic review commission to provide a current inventory of heritage resources, a list of potential heritage resources, and to make policy recommendations to guide heritage preservation activities for the city of Wylie. Heritage Resource means a property or properties designated by the city council as a Historic Landmark (HL) or Downtown Historic district (DTH). Maintenance means any work for which the purpose and effect of which is to correct or protect with least degree of intervention any deterioration or decay of or damage to a structure or property, or any part thereof, and to repair or replace the same, as nearly as may be practicable, to avoid any further deterioration, decay, or damage, using the same materials or those materials available which are as close as practicable to the original and all of which must comply with applicable codes and ordinances. Maintenance does not include a change in design, material, or outward appearance, but does include in-kind repairs or replacements. Minor in-kind repairs or replacements means small-scale repairs or replacements to correct minor problems or damage to the exterior of a structure or building, not including a change in design, material, or outward appearance. Examples that satisfy this definition include, but are not limited to touch up painting, spot replacement of shingles, replacement of a windowpane, caulking, and securing loose boards. National Historic Landmark means a nationally significant historic place designated by the Secretary of the Interior for its exceptional value or quality in illustrating or interpreting the heritage of the United States. National Register of Historic Places means the nation's official list of buildings, districts, and sites, including structures and objects, significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission. Non-contributing structure means a structure within a heritage district that was substantially constructed after the district's period of significance and is not an integral part of the historic, archaeological and architectural fabric of the district or the city, or was substantially constructed 148 05/31/2022 Item 6. within the district's period of significance and does not retain a significant portion of its architectural or design integrity. Potential heritage resource means a property listed in the preservation plan that, according to preliminary research, may have historical, cultural, archeological or architectural importance, either as an individual property or as part of a larger district. A potential heritage resource has not received designation, but has the potential to become designated with further historic research, restoration, or property owner interest. Preservation means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. Reasonable rate of return means a reasonable profit or capital appreciation, which may accrue from the use or ownership of a structure or property as the result of an investment or labor. Reconstruction means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Recorded Texas Historical Landmark means a state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric, at least fifty (50) years of age, and retained their original exterior appearance. Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values. Relocation means any change of the location of a structure, object, or material thing in its present setting to another setting. Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. 149 05/31/2022 Item 6. Secretary of the Interior's Standards for Rehabilitation means the standards established by the Secretary of the Interior for advising federal agencies on the preservation and rehabilitation of historic properties listed or eligible for listing on the National Register of Historic Places. State Antiquities Landmark means a designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner's permission. This designation can include buildings as well as archeological sites. For a building to be designated as a state archeological landmark, it must first be listed on the National Register of Historic Places. Sec. 58-21. - Landmark Designation Purpose. In accordance with Section 11 of Ordinance 2013-17, and Local Government Code Chapter 211, Section 211.0165 Designation of Historic Landmark, as amended, the municipality shall have the authority to recommend historic landmarks that have local importance. Designating local historic landmarks as Places of Importance brings attention to the general public and protects the historic resource from inappropriate changes or demolition. Such places of importance may be edifices or locations which are distinctive and important elements of the city's cultural, social, economic, political, archeological and architectural history. (Code 1991, ch. 1, §§ 15.00, 15.01; Code 1997, § 58-31; Code 2005, § 58-21; Ord. No. 90-11, § 1, 8-28-1990) Sec. 58-22. - City council to designate. Designation of city landmarks will be made by the City Council. Designations may be initiated by a property owner, the Wylie Historical Society of the city, the City Council, or the Planning and Zoning Commission, the Historic Review Commission, or city staff. If the property owner does not consent, the designation or inclusion of the owner's property must be approved by a three-fourths vote of the City Council, and the Historic Review Commission. (Code 1991, ch. 1, § 15.02; Code 1997, § 58-32; Code 2005, § 58-22; Ord. No. 90-11, § 2, 8-28-1990) Sec. 58-23. - Criteria and Markers. 1. Criteria. In making such designations as set forth in this article, the City Council and the Historic Review Commission shall consider one or more of the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Wylie, State of Texas, or the United States; b. Identification with a person or persons who significantly contributed to the culture and development of the City; c. Location as the site of a significant historic event; d. Exemplification of the cultural, economic, social or historical heritage of the City; 150 05/31/2022 Item 6. e. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; f. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City; g. Value as an aspect of community sentiment or public pride. h. Detailed recommendation from the Historic Preservation Commission. 2. Markers. Designated landmarks will be awarded markers based on the category of selection. a. Historical edifices and similarly small sites shall be designated with a marker detailing the historical significance of the edifice or site. b. Historical zones, areas and residential neighborhoods shall, where possible in cooperation with the parks and recreation department, be provided with a conspicuous and attractive landscaped area with a marker detailing the historical significance of the zone, area or residential neighborhood. 3. Revocation of Local Historical Landmarks. a. Loss of integrity (through alteration, addition, or designation) is the most common reason for the withdrawal of Landmark Designation. The City Council shall have the power to revoke any Local Historical landmark (LHL) for the violation of any criteria set forth by this ordinance. The following criteria shall justify the withdrawal of a Local Historical Landmark designation: (1) The property has ceased to meet criteria for designation; the qualities for which it was originally designated have been lost or destroyed. (2) Additional information forthcoming after the designation demonstrates that the property does not possess sufficient significance to be a Local Historic Landmark. (3) A professional error was made in the designation of the property. Revocation of a Local Historical Landmark designation requires: (1) A public hearing where the HRC and City Council shall determine the nature and extent of the violation of the designation; (2) Proper notice to the designee; (3) Written notice from the HRC, which shall give the designee the reasons for the proposed revocation of the designation; and (4) A finding by the Council that reasonable corrective measures have not been done by the designee and that revocation of the designation is required. (Code 1991, ch. 1, § 15.03; Code 1997, § 58-33; Code 2005, § 58-23; Ord. No. 90-11, § 3, 8-28-1990) Sec. 58-24. - City to take into account all landmarks when making improvements. The City Council, when considering normal city improvements such as lighting, pavement or landscaping, shall, where designated historic landmarks exist, make every effort to ensure that such improvements are in keeping with and enhance the appearance of the landmark edifice or site. (Code 1991, ch. 1, § 15.04; Code 1997, § 58-34; Code 2005, § 58-24; Ord. No. 90-11, § 4, 8-28-1990) Sec. 58-25. Ordinary Maintenance. Nothing in this ordinance should be construed to prevent 151 no13n2ouo Item o ordinary maintenance or repair nf any exterior architectural feature of property designated as o landmark or within a historic overlay district. Ordinary maintenance shall be defined as any work that does not constitute a change in deoi0n, nnaterio|, color from a historic palette or outward appearance, and include in-kind replacement orrepair. (Code 1981. ch. 1. § 15.05; Code 1SS7. & 5O-35; Code 2O05. 85O'25; Ord. No. 9O-11. § 5. 8'3O- 1S9O\ Sec. 58-26. Off-Street Parking and Loading. Due tOthe development nature Of property with a Historic Landmark OeSign@dOn, it is recognized that conventional nff'Str8St parking. loading, and development standards required bySection 0.3of the comprehensive zoning ordinance for individual lots may bm difficult to provide. Any uses pnJpOS8d with @ Historic Landmark Designation may present 8 plan for parking tO the Historic Review Commission and or the Planning and Zoning Commission. Upon neviovv, the required COnnnniSSiOn may determine different amounts and nn8thVdS in establishing OO-StnB8t parking. ((]nd. No. 90-11. 85. 8-28-1990; Code 1991. oh. 1. § 15.05; Code 1997. 858-35) State Law reference— Main Street program, V.T.C.A.. Government Code § 442.014; |nonn. V.T.C.A.. Government Code § 481.201. 05/31/2022 Item WS1, Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject I'resentation providing an overview of Capital Projects Funding. Recommendation Discussion Discussion about Strategic Capital Plan. A review of Capital Projects in process and those requiring future funding. Financial Summary/Strategic Goals 153 05/31/2022 Item WS9. S''lest °s Streets Protects tat iis - lit regress : So :Toes u If Funding $30,000,000 ........ .. .. .. ............ .. .. . . ........ ... . ... . ... .. ..... ... .... . .. ... .... ... .... ... ... . . . .. ...... ... .... Unfunded ' Intergovernmental mm: � ��- Ilu: Operating/FB ‘AtiStreets , . Impact Fees 13 Debt Approved liiihi�l!' Debt Issued $20,000,000 .. .. ..... ...... . !wf.d tY1;.,�tyw rrq.r;µ,y ........... ... .. ... .... .. ...... .. .. ..... .. ....... .. .... ..... .... .. ....... .. . ....... .. . ...... .... ... . .. . ... (y try wvur,((q,h,;M)( ,' rvl ?r n?y?M":ww ( 71 In Progress , rY /tI MtrluY�1hh �w M q�t� l"W $10,000,000 f v"F�d pit�' ____ __ __ �" °w" wry„1lryµv,W,i,, _____ t le w e j p�drt q wwttdIarqd G"kwlrr b^"W1,'w"wdI+. Iww's`�t'�NyyMeu,k^qlt m+r"r„(r k(rrr!m4TvaPyiw dltr'r+�'i'rtNwr"r�f U'rwVtl°"'i�r! y ,:w it,rtlTror(r, r,' 'P 'i I),', 9 l vny�ly w':rCm {t P)4(Y ' r r I( L,tOu v) ;k u ° ""ar yj I P NV fml �r"w4�F,t v1 p1',,"'t Wr+ 6uw rl 'f�e tr 4 YN +;uav vtw� N,"P )m tlf ` t rrg N ', iym r i� ' "f � " ,,�(,�u orl; "''dHt °w �"Rw; l�� 'rw' ,',,yg'lf Rn Yfid (n r Y mm m",:IPNm:n vi .wNinh I $0 E FM 544(Stone Rd McMillen Dr(McCreary Eubanks Ln(Hwy 78 to Park Blvd(Country Club Woodbridge&Hensley Miscellaneous Street& Downtown Downtown Traffic Phase III) to CountryClub) NTMWD Dr) to FM2514) Signal Alley Repairs Improvements Impact Analysis (General) Project Debt Issued Debt Approved Impact Fees Operating/FB Intergovernmental Unfunded Total Type Status E FM 544(Stone Rd Phase III) $5,400,000 $4,521,250 $4,913,010 $14,834,260 Streets In Progress McMillen Dr(McCreary to Country Club) $1,500,000 $19,100,000 $5,827,500 $462,500 $26,890,000 Streets In Progress Eubanks Ln(Hwy 78 to NTMWD Dr) $692,100 $1,319,000 $2,011,100 Streets In Progress Park Blvd(Country Club to FM 2514) $1,000,000 $9,000,000 $2,000,000 $12,000,000 Streets In Progress Woodbridge&Hensley Signal $304,400 $304,400 Streets In Progress Miscellaneous Street&Alley Repairs $2,000,000 $8,000,000 $10,000,000 Streets In Progress Downtown Improvements(General) $1,000,000 $4,000,000 $5,000,000 Streets In Progress Downtown Traffic Impact Analysis $149,100 $149,100 Streets In Progress 154 05/31/2022 Item WS9. S °� h"�,s Sources of Fun � Impact Fees 1 Debt Issued Typm.. E- ,- $6,000,000 ............... ... .... ..... ......... ......... .. .. ... .. ..... .. .. . .. .. .. .... ... .. . .. ...... ......... ......... ... ...... ....... .... .... ...... ... ...... ... .... ....... . ..... .. ...... Water 1 a �.0 w �w r 'Jolla 1 lllc V�99 n $4,000,000 --. ..... ." Mr �;».tl'rb`""d'rq`�r"�tl ";�'t"t)'"t"r+,111r ll --.. .... .. ........ ..... ... ......... ......... .. .... .... ... ... ... .... .. .. .... ... .... ..... ... ........... .. ......... .. ... ...... .. pJY 1 I dwuw 1 �" a nw,�""r All ' ry h1a F4",,I17""Msyhui Yx' w•ry Yl"�y1 hh s rr Po j ^t 1 jl kg ry j �art >wwr. h+Jr y iv y dYv Y t("ra 1 1:sr r"'1,a wu $2,000,000 l�""�'�tw'h��YMhrl��h�ttzt"�Ppv'oww�Shywrv,r'" 1 s""cb�l,Yhnr�I V, br""� Nvl hwtNlgrw}rX� I� �- �., ao�gh u F Nwr uw 4J tq�+rt�tY Oren wr s W � ti°y Ik d1d�°rryr�l r)rv(�i5")1j' �werlt`)w"IwCd�"'(wjN $0 II�"""n�� ,.,.., .,..,, v:: w(M""avM1�'w° a»,w',art,°:,v tw+rw1'Ibt"„':M,' ."';Y%4a",B,�Mu�d:''Ww a+."w° :.%n 71 rI^^;„a:, pllwe*'>,'I",wr,"•"r°"'"'4',ki t,BitNw',"r»e,»,"I ,�i"��k,r'; 'r: Ballard Elevated Storage Tank SH 78 Distrib Line#2(E Brown to Eubanks) Cotton Belt Ave Waterline Replacement SH 78&Spring Creek Pkwy Loop Project Debt Issued Debt Approved Impact Fees Operating/FB Intergovernmental Unfunded Total Type Status Ballard Elevated Storage Tank $1,000,000 $4,260,000 $5,260,000 Water In Progress SH 78 Distrib Line#2(E Brown to Eubanks) $573,400 $573,400 Water Planned Cotton Belt Ave Waterline Replacement $133,000 $133,000 Water Planned SH 78&Spring Creek Pkwy Loop $976,000 $976,000 Water Planned 155 05/31/2022 Item WS1. �. . Funding 1ur: � a� r, l t. s $800,000 Parks $600,000 ;.,.., ... lip � �„ � ...^ ,^. • . m „n . ll' All $400,000 III, III $200,000 lug IIIII � � . onl Dog Park(Wyiie Municipal Complex) Splash Pad#t(Wylie Municipal Complex) Splash Pad#2(Community Park) Project Debt Issued Debt Approved Impact Fees$0 Operating/FB Intergovernmental Unfunded Total Type Status Dog Park(Wylie Municipal.Complex) $700,000 $700,000 Parks In Progress Splash Pad#1(Wylie Muncipal Complex) $650,000 $650,000 Parks In Progress Splash Pad#2(Community Park) $650,000 $650,000 Parks In Progress 156