06-25-2002 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, JUNE 25, 2002
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
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• Administer Oath of Office to newly appointed and reappointed Board and Commission
Members.
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A. Approval of the Minutes from the Public Hearing of June 10 and Regular Meeting of June 11.
B. Consider and act upon approval of a Replat for Lot 5R, Block A, Century Business Park
Addition, being a Replat of Lot 1A, Block A of Century Business Park according to the plat
recorded in Volume N,Page 349 of the Map Records of Collin County, Texas, and Lot 5, Block A
of Century Business Park according to the plat recorded in Volume J, Page 692 of the Map
Records of Collin County, Texas, and being a certain 5.043 acre tract of land situated in the
Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County, Texas.
1. Consider and act upon an agreement with D.R. Horton, Inc. for reimbursement through impact
fees for the oversizing of a sewer line to serve the Riverchase development.
Executive Summary
The Riverchase development is located generally north of McMillen Road and west of FM 1378 directly across from the
Newport Harbor development. D.R.Horton installed approximately 2,700 linear feet of 21"gravity sewer line to serve the
development. The sewer line is shown on the City's sewer master plan and ties into the existing sewer line located south of
McMillen Road. The proposed agreement allows the developer to receive reimbursement through impact fees for the
oversizing of the sewer line, which is the difference in cost from a 12-inch to a 21-inch sewer line. The sewer line is
identified on the City's Capital Improvements Plan and included in the current impact fee calculation. Easement, surveying
and inspection cost are not reimbursable to the developer per this agreement. The cost of the 21-inch offsite sewer line is
$202,943.00 and the cost of a 12-inch offsite sewer line is$75,404.00. The credit due to D.R.Horton is$127,539.00.
2. Consider and act upon approval of a Resolution authorizing the application for a Collin County
Park and Open Space Grant for the purposes of improving playground facilities at Community
Park and for installation of facilities adjacent to Birmingham Elementary School.
Executive Summary
The 1998 Collin County Bond election established a pool of funding for park and open space development in Collin
County. The County took the approach of establishing a matching grant system as the means of distributing the funding
throughout the County. A total of$1.3 million dollars are currently available. Two separate grant applications are being
developed by staff. One proposed grant application would be for the improvement of Community Park, located at 800
Thomas, and the other is for the improvement of parkland adjacent to Birmingham Elementary School, located at 700
West Brown Street. The grant is generally set up as a reimbursement program;however,direct payment may be considered
by the County under special circumstances. For the Birmingham location,the City's match will be covered by the value of
the land which is approximately$30,000 per acre and a minimum park size of at least 4 acres for a total match of at least
$120,000.Additional matching funds for the Birmingham site will be made available through the participation of the Wylie
Independent School District(WISD)through a Parent Teachers Association(PTA)affiliated with Birmingham Elementary
School. The WISD's participation is approximately$15,000. Their letter of commitment will be submitted with the grant
request. For the Community Park location, the City's match will be a combination of in-kind contributions of labor,
equipment,and materials. The exact amount of matching funds required for City participation is currently being determined
as staff is in the process of finalizing a proposed project budget. It is anticipated that the City's matching fund commitment
will be approximately$50,000 and that there is sufficient funding in the 4B Reserve Fund and/or parkland dedication funds
for expenditures. These sources would be reimbursed as funds are received from the County.
3. Consider and act upon a Resolution denying TXU Gas Distribution's request to change rates in
the North Texas Metroplex Distribution System.
Executive Summary
On March 1, 2002 TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates
charged for natural gas service within the North Texas Metroplex Distribution System and the Dallas Distribution system.
On March 25, the City Council approved a Resolution authorizing the City to participate jointly with other cities in the
distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. In
order to do this, the Resolution also suspended the proposed effective date of the rate change for an additional 90 days to
July 5. On May 29 the member cities of the coalition voted to urge cities to deny the request, unless a settlement could be
negotiated. Settlement negotiations began on June 3 and are continuing. However, because the effective date of the rate
change is approaching, the attorney representing and advising the coalition has recommended that cities place the
Resolution on Council's agenda for the last meeting in June. If a settlement agreement is reached, TXU will extend the
effective date. The cities of Garland, Arlington and Sachse have already approved resolutions denying the rate increase,
with many other cities scheduled to do the same. TXU has contacted the cities individually and offered compromises to
the originally requested rates. The attached letter from the TXU representative outlines the proposal which compares the
original rate request and the proposed request. If the Council chooses to deny the Resolution and accept the settlement,
TXU will extend the deadline for city action.
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In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the
open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a
meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and
announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this day of , 2002 at 5:00 p.m. as required
by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media
contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.Wvlie.tx.us
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 972/442-8100 or TD
972/442-8170.
Page 2 of 2
MINUTES
Wylie City Council
Monday, June 10, 2002 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Council Present: Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill
Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy was absent, Mayor Pro Tern
Worley presided.
Staff Present: Anthony Johnson, City Manager; Brady Snellgrove, Finance Director; Chris Hoisted, City
Engineer; Claude Thompson, City Planner and Barbara Salinas, City Secretary.
Councilman Hogue provided the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance.
1. Hold the first of two Public Hearings for the annexation of 34.036 acres out of the A.Atterberry Survey,
Collin County,Texas; and generally located west of F.M.544.
Mr. Claude Thompson addressed this item providing Council with a brief background on the request and outlining
the procedure for annexation.
The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or
opposition of the request to please come forward and state their name and address for the record, limiting their
comments to three minutes. With no response,the Mayor Pro Tem then closed the Public Hearing.
2. Hold the first of two Public Hearings for the annexation of 1.5 acres out of the Francisco de la Pina
Survey,Collin County,Texas; generally located west of Eubanks Street,north of Hwy 78.
Mr. Claude Thompson addressed this item providing Council with a brief background on the request and outlining
the procedure for annexation.
The Mayor Pro Tem then opened the Public Hearing and asked that anyone wishing to speak either in favor or
opposition of the request to please come forward and state their name and address for the record, limiting their
comments to three minutes. With no response,the Mayor Pro Tem then closed the Public Hearing.
There was no response for Citizens Participation.
With no further business to come before the Council,the meeting was adjourned at 6:06 p.m.
J. C.Worley,Mayor Pro Tem
ATTEST:
Barbara Salinas
City Secretary
Minutes of April 11,2000
Wylie City Council
Page 1
MINUTES
Wylie City Council
Tuesday, June 11, 2002 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue,
Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director; Chris Hoisted, City Engineer; Claude Thompson, City Planner and Barbara Salinas, City
Secretary.
Councilman Hogue provided the Invocation and Councilman Young was asked to lead the Pledge of
Allegiance.
Mr. Ronnie Housewright
Mr. Housewright asked Council's consideration and solution to his situation with regard to property
access to his home as well as three of his neighbors. Mr. Housewright stated that there is currently
constant curbing with no cut out to his driveway. He stated that he has an asphalt ramp only. Mr.
Housewright stated that he has visited with city staff and developers with no resolve. The City Manager
stated that staff would investigate and be in contact with him.
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A. Consider and act upon a Final Plat for the SFS Addition,being a certain 5.73 acre tract of land generally
located west of Sanden Boulevard and north of State Highway 78, being part of Tract B and part of
Tract E conveyed to the F.O. Birmingham Memorial Land Trust according to a deed recorded in
County Clerk's File No. 92-0091825, Land Records of Collin County, Texas, and being situated in the
Duke Strickland Survey,Abstract No.841,City of Wylie,Collin County,Texas.
B. Consider and act upon a Final Plat for the Bariatric Care Center Addition, being a certain 20.01 acre
tract of land generally located south of State Highway 78 and south of Kirby Street (F.M. 544), being
part of a tract conveyed in HCW,Inc. by deed recorded in Volume 1425,Page 300,and all of that tract
in Volume 3057,Page 943 of the Deed Records of Collin County, Texas, and being situated in the E.C.
Davidson Survey,Abstract No. 217,City of Wylie,Collin County,Texas.
C. Consider and act upon a Final Plat for the Pheasant Creek Phase I Addition, being a certain 48.726
acre tract of land generally located northeast of County Line Road and west of Troy Road, being part
of a 117.149 acre tract conveyed to Leo Wiman by deed recorded in Volume 3166,Page 632 of the Deed
Records of Collin County, Texas, and being situated in the N. Atterberry Survey, Abstract No. 6 and
the L.B. Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas.
Minutes of June 11,2002
Wylie City Council
Page 1
D. Consider and act upon a Final Plat for the Pheasant Creek Phase H Addition, being a certain 42.911
acre tract of land generally located northeast of County Line Road and west of Troy Road, being part
of a 117.149 acre tract conveyed to Leo Wiman by deed recorded in Volume 3166,Page 632 of the Deed
Records of Collin County, Texas, and being situated in the N. Atterberry Survey,Abstract No. 1099 in
Collin County, the N. Atterberry Survey, Abstract No. 6 in Rockwall County, and the L.B. Outlaw
Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas.
E. Consider and act upon a Preliminary Plat for the Avalon Addition, being a certain 70.593 acre tract of
land generally located south of Brown Street and west of Kreymer Lane (C.R 432), being part of a
called 77.14 tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in
Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the
Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas.
F. Consider and act upon a Preliminary Plat for the Wylie Junior High School Addition, being a certain
48.643 acre tract of land within the Extraterritorial Jurisdiction of the City of Wylie, Collin County,
Texas,generally located east of Country Club Road(F.M. 1378)and south of the Quail Creek Addition,
being all of that tract conveyed to the Wylie Independent School District described by deed recorded in
Volume 5098,Page 1750 of the Deed Records of Collin County, Texas, and being situated in the Mercer
Phalen Survey,Abstract No.695,Collin County,Texas.
Mayor Pro Tern Worley abstained from the vote and completed the required affidavit stating conflict of interest.
Councilman Scott made a motion, seconded by Councilman Young to approve Consent Agenda Items A-F. A
vote was taken and the motion was approved, 5-0. Mayor Pro Tern Worley abstaining and Mayor Mondy absent.
Board Appointments
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1. Consider and act upon appointments to the Ambulance Advisory Board, Construction Code Board,
Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development
Corporation Board, Planning and Zoning Commission, Zoning Board of Adjustments and the Wylie
Economic Development Corporation for those whose terms expire in July of 2002.
Councilwoman Reta Allen made a motion, seconded by 0 to nominate for reappointment to the Ambulance
Board, Mr. Randle Henry, Mr. Kenneth Quisenberry and Mr. Warner Washington. A vote was taken and the
motion was approved unanimously, 6-0.
Councilman Hogue made a motion, seconded by Councilman Trout to nominate for appointment to the
Construction Code Board Mr. Jess Calhoun, replacing Erick Gray; Mr. William Jowers replacinig Mr. Bradley
Heflin and Mr.Frankie Delgado replacing Mr. Anthony McElroy. A vote was taken and the motion was approved
unanimously, 6-0
Councilman Trout made a motion, seconded by Councilman Young to nominate for reappointment to the Library
Board Ms. Liz Allen, Ms. Grace Morrison and Mr. Adrian Sanchez. A vote was taken and the motion was
approved unanimously, 6-0.
Councilwoman Allen made a motion, seconded by Councilman Trout to nominate for appointment to the Parks
and Recreation Board Ms. Anne Hiney and Ms. Lisa Williams and for the appointment of Mr. Eugene Gamer to
replace Mr. Steven Boyd; Mr. David Willey to replace Mr. Greg Zimmerman and Mr. Ivan Holmes to fill the
unexpired term of Ms. Ceca Repasky. A vote was taken and the motion was approved unanimously,6-0.
Councilman Hogue made a motion,seconded by Councilman Scott to nominate for reappointment to the Parks and
Recreation 4B Board,John Mondy, Chris Trout and J.C. Worley. A vote was taken and the motion was approved,
4-0. Worley, Trout abstained and Mayor Mondy absent.
Minutes of June 11,2002
Wylie City Council
Page 2
Councilman Trout made a motion, seconded by Councilman Hogue to nominate for reappointment to the Planning
and Zoning Commission Mr.Mike Phillips,Mr.Don Hughes and Mr. Carter Porter and for the appointment of Mr.
Jeff Adamcik to replace Mr. Steve Ahrens. A vote was taken and the motion was approved, 6-0.
Councilwoman Reta Allen made a motion, seconded by Councilman Young to nominate for reappointment to the
Zoning Board of Adjustments Mr. Marilyn Herrera, Mr. Wayne Morman and Mr. Layne LaBaron (alternate) and
to appoint Mr.Eric Alexander as an alternate. A vote was taken and the motion was approved,6-0.
2. Hold the second of two Public Hearings for the annexation of 34.036 acres out of the A. Atterberry
Survey,Collin County,Texas; and generally located west of F.M.544.
Ms. Mindy Manson, Assistant City Manager addressed this item stating that this is the second of two public
hearings regarding annexation of the above listed property and that this is a voluntary annexation submitted by the
owner, William C. Collins, Jr. Should the Council approve the annexation, the property will be zoned A
(agricultural) until permanent zoning is established. Ms. Manson stated that the adoption of the annexation
ordinance is scheduled for the regular meeting of July 9,2002.
The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or
opposition of the request to please come forward, stating name and address for the record and limiting comments
to three minutes.
3. Hold the second of two Public Hearings for the annexation of 1.5 acres out of the Francisco de la Pina
Survey,Collin County,Texas; generally located west of Eubanks Street,north of Hwy 78.
Ms. Mindy Manson, Assistant City Manager addressed this item stating that this is the the second of two public
hearings regarding annexation of the above listed property. This annexation is initiated by the City of Wylie.
Should the Council approve the annexation, the property will be zoned A (agricultural) until permanent zoning is
established.Ms. Manson stated that the adoption of the annexation ordinance is scheduled for the regular meeting
of July 9,2002.
The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or
opposition of the request to please come forward, stating name and address for the record and limiting comments
to three minutes.
Mr.Mike Bunting,635 Eubanks
Mr. Bunting is the property owner and wished to describe the type of business he will be conducting on the
property which included the sale of boats, parts and storage. He also asked for clarification of the existing use
once he is annexed into the city,with regards to disruption or changing his business.
Ms. Manson , Assistant City Manager stated that his business may continue as it exists with no changes or
expansion. She stated that new construction must meet city codes, depending on the type of expansion. Ms.
Manson asked that Mr. Bunting contact her directly for further concerns.
With no further response,the Mayor Pro Tem then closed the Public Hearing.
Discussion regarding the intent and necessity of future subcommittees.
Staff and Council discussed the possibility of the formation of two specific subcommittees, a Bond Committee and
a Charter Review Committee. It was determined that both committees would need to be formed as soon as
possible with emphasis on the Bond Committee. Council and Staff would be provided copies of the Charter, with
the last revisions,for a review to determine whether it is necessary to conduct a revision of the Charter at this time.
Minutes of June 11,2002
Wylie City Council
Page 3
WORKSESSION-continued
With regard to the Bond Committee, Staff indicated that an action item would be placed on the agenda
for the first regular meeting in July for nominations for a Bond Committee. Council members were
asked to submit their nominations to the City Manager's office.
ADJOURNMENT
With no further business to come before the Council,the meeting was adjourned at 6:39 p.m.
John Mondy,Mayor
ATTEST:
Barbara Salinas
City Secretary
Minutes of June 11,2002
Wylie City Council
Page 4
WYLIE CITY COUNCIL
AGENDA ITEM NO. B.
June 25, 2002
Issue
Consider and act upon approval of a Replat for Lot 5R,Block A,Century Business Park Addition,being
a Replat of Lot 1A,Block A of Century Business Park according to the plat recorded in Volume N,Page
349 of the Map Records of Collin County, Texas, and Lot 5, Block A of Century Business Park
according to the plat recorded in Volume J,Page 692 of the Map Records of Collin County,Texas,and
being a certain 5.043 acre tract ofland situated in the Duke Strickland Survey,Abstract No. 841,City of
Wylie, Collin County, Texas.
Background
The Final Plat under consideration will create a single lot of 5.043 acres by combining two existing lots.
The new lot is intended to accommodate the future expansion of the existing Buckner Boulevard
Plumbing facility, currently occupying Lot 5.
The Century Business Park, also creating Century Way and Alanis Lane,was originally platted in 1986.
Since that date, several lots have been created by replatting as the Highway 78 Business Park. Lot 5 was
replatted in 1996 and Lot lA was replatted in 2001. The current Plat, as other recent replats,redirects
the name of the addition back to the original Century Business Park.
The property was rezoned to the current Business Center(BC)District from Industrial(I)District with
the adoption of the new Zoning Ordinance and Map in December of 2001. Existing development may
continue to comply with the earlier requirements under which they were platted, but all future
development must comply with the newly-adopted requirements of the Zoning Ordinance.
Section 212.005 of the Texas Local Government Code states that"the municipal authority responsible
for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a)
states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days
after the date the plat is filed. A plat is considered approved by the municipal authority unless it is
disapproved within that time period".
Financial Considerations
Plat Application Fees—Paid
Other Considerations
1. The Final Plat complies with all applicable technical requirements of the City of Wylie.
2. The Plat provides for a front building line of 50 feet,as required by the new Business Center zoning,
rather than the 20 feet platted on the neighboring Lot 1B allowed by the earlier Industrial zoning.
Any existing development on the old Lot 5 may continue to conform to the requirements in effect
when they were platted and/or constructed. All new construction must conform to the recently
adopted requirements of the revised Zoning Ordinance.
3. Existing drainage and utility easements bound the northwest property line as well as dissect the tract
at the old common property line. No permanent construction will be allowed within these
easements.
Board/Commission Recommendations
At the June 4, 2002 Planning and Zoning Commission meeting the Commission voted 5-0 to
recommend approval of this Replat.
Staff Recommendations
Approval. The Departments of Planning, Engineering, Development Services, Public Works and
Fire concur with this recommendation.
Attachments
Replat
Prepared by Revi d y Finan a ty M er Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1
June 25, 2002
Issue
Consider and act upon an agreement with D.R. Horton, Inc. for reimbursement through impact fees for the
oversizing of a sewer line to serve the Riverchase development.
Background
The Riverchase development is located generally north of McMillen Road and west of FM 1378 directly across
from the Newport Harbor development. D.R. Horton installed approximately 2,700 linear feet of 21"gravity
sewer line to serve the development. The sewer line is shown on the City's sewer master plan and ties into the
existing sewer line located south of McMillen Road.
The proposed agreement allows the developer to receive reimbursement through impact fees for the oversizing of
the sewer line,which is the difference in cost from a 12-inch to a 21-inch sewer line. The sewer line is identified
on the City's Capital Improvements Plan and included in the current impact fee calculation. Easement,surveying
and inspection cost are not reimbursable to the developer per this agreement.
The City's Impact Fee Ordinance states:
The city may agree that an owner of a new development may construct or finance the capital
improvements or facility expansions,and the costs incurred or funds advanced will be credited
against the impact fee otherwise due from the new development. The city may agree to
reimburse the owner for such costs from impact fees paid from other new developments that will
use such capital improvements or facility expansions or the owner voluntarily requests the city
to reserve capacity to serve future development and the city and the owner enter into a valid
written agreement.
The Section 6 of the Wylie Subdivision Regulations also provide for the City's participation in construction costs
which represent the over-sizing of water and sewer lines.
Financial Considerations
The cost of the 21-inch offsite sewer line is $202,943.00 and the cost of a 12-inch offsite sewer line is
$75,404.00. The credit due to D.R.Horton is$127,539.00.
Other Considerations
Section 395.019(2)of the Texas Local Government Code grants the City the ability to utilize Impact Fees for
reimbursement to developers for the costs incurred in the construction of capital improvements identified within
the adopted Capital Improvement Plan.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends execution of the impact fee agreement with D.R.Horton,Inc.
Attachments
Impact Fee Agreement
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Prepared by Revie by Finance City Approval
IMPACT FEE AGREEMENT
THIS IMPACT FEE AGREEMENT (the "Agreement") is made and entered into as of
this day of , 200_, by and between D.R. Horton-Texas Ltd., a Texas
limited partnership (the 'Developer"), and the City of Wylie, Texas ("Wylie"), and on the terms
and conditions hereinafter set forth.
WHEREAS, the Developer desires to commence construction of an offsite sanitary
sewer line and related improvements as described on Exhibit "A" attached hereto (the "Project")
to provide sewer services to a portion of the City's Sewer Service Area; and
WHEREAS, the Project is identified on Wylie's Capital Improvements Plan; and
WHEREAS, Wylie is entitled to collect impact fees for sewer utilities, as described in
Wylie Ordinance No. 90-10, as amended or supplemented by Wylie Ordinance Nos 93-4 and 97-
4, 2001-19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact
fees(hereinafter referred to collectively as"the Impact Fee Ordinances";
WHEREAS, the Developer desires to obtain partial reimbursement of its costs of the
Project by receiving a credit against sewer impact fees and/or the payment of such costs as more
fully set forth herein; and
WHEREAS, Wylie desires to credit against sewer impact fees and/or pay to Developer
the costs of the Project as more fully set forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Developer and Wylie agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is
approximately 136 acres of land in the William Patterson Survey, Abstract No. 716 in the City of
IMPACT kLh AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 1
Wylie, Collin County, Texas and more particularly described in Exhibit `B" attached hereto and
incorporated herein for all purposes(the `Developer Property").
2. Easements for Sewer Line. Developer will provide all easements necessary for the
Project in the name of the City. Developer shall be responsible for bearing the costs of such
easements, without the right of reimbursement.
3. Construction of Sewer Line—Project Costs. Developer will pay for all construction
costs of the Project, which include (i) a 21 inch offsite sanitary sewer line from the 'Developer
Property" to just south of McMillen Road as such line location is more particularly described in
Exhibit "A" attached hereto; and (ii)the costs of engineering, surveying and inspection related to
the sewer line(collectively, the `Project Costs").
4. Service Area. The Project described above is to provide sewer services to a
portion of the City's Sewer Service Area.
5. Estimated Project Costs. The total Project Costs are $202,943 and that a line item
listing of each cost is set forth on Exhibit "C" attached hereto. For purposes of this Agreement,
City and Developer agrees that the construction costs of a 12" line in the same location as the
21"line is$75,404.
6. Reimbursement of Project Costs. Developer will receive a credit (the 'Developer's
Credit") in the amount of $127,539 which is the actual Project Costs less than 12" Line Cost
toward and against the sewer impact fees due from Developer's Property and/or reimbursement
of such costs as follows:
A. Credit Against Impact Fees: To the extend there is a Developer's Credit as
of the date sewer impact fees are due from Developer's Property, then Developer shall be
entitled to apply the Developer's Credit or a portion thereof towards and against the sewer
IMPACT FEE AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 2
impact fees due from the Developer's Property (the "Impact Fee Credit"). The Developer's
Credit shall be reduced by an amount equal to the Developer's Credit or a portion thereof that is
applied against the sewer impact fees due from the Developer's Property.
B. Reimbursement Payment. To the extend there is a Developer's Credit on the
date the City receives Uncommitted Funds (as hereinafter defined), then the City shall promptly
pay such Uncommitted Funds to Developer. For purposes of this Agreement, the term
"Uncommitted Funds" means all sewer impact fees collected by the City after the date of this
Agreement, except for funds that the City has(i) contracted to pay such funds, within six months
from the date of the City's receipt of such funds, for the construction of improvements and
related approved costs that are on the City's Capital Improvement Plan; or(ii) contracted to pay
to another developer pursuant to a written reimbursement agreement for sewer improvements
that was executed by the City and such developer prior to the date of this Agreement. Except
for reimbursements or payments attributable to development agreements executed prior to the
date of this Agreement, Wylie agrees not to pay or reimburse any other party or entity for
credited impact fees before Developer is fully reimbursed. The Developer's Credit shall be
reduced by an amount equal to payments made by the City to Developer pursuant to this
paragraph. The Developer acknowledges that there is no specific date by which this amount is
due and payable to the Developer. Developer also acknowledges that interest shall not accrue on
the Developer's Credit.
C. Optional Application of Reimbursement Payment as Credit Against Another
Property. In the event the Developer or an affiliate or related entity of Developer owns property
other than the Developer's Property within the City's Sewer Service Area, Developer shall have
the option of having the Developer's Credit or a portion thereof(to the extent a Developer's
IMPACT FEE AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 3
Credit has not previously been fully applied or paid) applied against the sewer impact fees due
from such other property in an amount not to exceed the Developer's Credit amount, less any
payments made by the City pursuant to paragraph 6B above and credits applied pursuant to
paragraph 6A above. The Developer's Credit shall be reduced by an amount equal to the
Developer's Credit or a portion thereof that is applied against the sewer impact fees due from
such other property.
7. Capital Improvement Plan. Wylie will include the Project in the Impact Fee
Capital Improvement Plan.
8. Limitations of Agreement. The parties hereto acknowledge this Agreement is
limited to the obligations created by Impact Fee Ordinances or any other Ordinance created for
the recovery of costs for sewer facilities only. Any other Ordinances of Wylie covering property
taxes, park dedications and/or payments in lieu of dedication of land, utility rates or other impact
fees are not affected for water and sewer, property taxes, dedication of land, utility rates or other
impact fees are not affected by this Agreement, and Developer shall have no right to any
reimbursements of any portion of any sums collected by Wylie with respect to the properties
described in this Agreement pursuant to any other Ordinances, whether now existing or in the
future arising.
9. Miscellaneous.
A. All conveyances required by this Agreement will be in a form acceptable to
Wylie and free and clear of any liens and encumbrances.
B. Construction of the Project will be in accordance with the Ordinance of
Wylie.
IMPACT khh.AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 4