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12-09-2003 (City Council) Agenda Packet
NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, December 9, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALF TO ORDER INVOCATION& 1"LE E OF ALLEGIAN"eE PROCI,AM TION & PRES N ATI N • "Wietecha Family "Special Recognition" CITIZENS PAi RTICIPAT I O N E CI.TIVE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551.087, Government Code, Vernon's Texas Code Annotated (Open Meeting Act) "Deliberations Regarding Economic Development Negotiations" • Negotiations Between the WEDC and Project"Bright Light". • Negotiations Between the WEDC and Project"Long Haul". Section 551.074 Personnel Matters, Closed Meeting • Evaluation, assignments and duties of the Interim/Acting City Manager ktECONVEIE IN' OPEN MEETING Take any action as a result of the Executive Session. CONSENT A GENDA AO matters l l under the Consent Agenda are considered to be rout a by he£sty Council;and grill be acted by one motion l bere syill nut he parate discussion of tb se items If discussion.:is desired,that item tall be:iremov ed from the Consent Agenda and w 11 be considered separately A. Approval of the Minutes from the Regular Meeting of November 11, 2003 and December 1, 2003. B. Consider and act upon a Final Plat for The Cascades Phase 2 Addition, being all of a certain 15.987 acre tract of land, generally located east of Country Club Road (F.M. 1378), north of The Cascades Phase 1 Addition, and south of Parker Road (F.M. 2514), and being a portion of that certain 53.7251 acre tract conveyed to Cascade Companies, L.L.C. by a Special Warranty Deed recorded in Volume 4607, Page 1881, Deed Records of Collin County, Texas (DRCCT), and including all of a called 0.8000 acre tract conveyed to C.T. Beckham by deed recorded in Volume 1901, Page 545, DRCCT, and including all of a called 5.1533 acre tract conveyed to C.T. Beckham by deed recorded in Volume 4605, Page 1399, DRCCT, and being situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. D. Consider and act upon a Final Plat for the Housewright Addition, being all of a certain 1.002 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas, and within the Extraterritorial Jurisdiction of the City of Wylie. E. Consider and act upon approval of an Agreement between the City of Wylie and Wal-Mart Stores. F. Consider and act upon approval of final acceptance of the Rush Creek force main and authorize final payment to Texas Electric Utility Construction,in the amount of$37,977.07 and accept the project as complete. INDIVIDUAL ( ONSIDERATIQQN 1. Consider and act upon an agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. WORK SESSIE1rN • "Sidewalk Maintenance and Repair" Ordinance JNIIIV IDUAL CONSIIIE ►T101' Tabled Item 10-14-03 (3rd Meeting Maximum) 2. Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. WORK SESSION • Discussion of Downtown Merchants request for modifications to Hwy. 78 project. IN I)I IDUt1 E CO'+1S I DE ATI O N Tabled Item from 11-11-03 to 12-09-03 3. Consider and act upon a motion to remove Downtown Merchants request for Hwy. 78 access from the table and a motion to re-table item. 4. Consider and act upon the evaluation, duties and assignment of the Interim/Acting City Manager and establish the appropriate compensation for the interim period. REA1I TO OF ORDINANCES TITLE & CAPTION APPROVED B' COUNCIL AS REQUIRED BY ,watE C ITY C RTE ,ARTIC`L tII,SECT'IOr 13-t #2003-26 ORK SESSION • Discussion and Development of a Transition Plan for the City Manager • Discussion of Eastern Alanis Alignment @ Hwy. 544 • Update on Needs Assessment • T I F Issues A,DJOUR.NMENT 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 5th day of December,2003 at 5:00 p.m. as required by law in accordance with Section 551.042 oft Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also ed to the Ci Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,Cit e y 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. MINUTES Wylie City Council Tuesday, November 11, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North . ................................ CALL TO ORDER Mayor John Mondy called the meeting to order at 6:01 p.m., with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout,and Councilman Randal Shinn. Staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVO ATl N&FUDGE CIF ALLE IANC Mayor Pro Tem Hogue led the prayer. Councilman J. C.Worley led the Pledge of Allegiance. PROCLAMAT QI4S&PRES1 NTA'TIONS • Presentation of Star Students Awards with the character trait of "Respect" Mayor Mondy and Mayor Pro Tern Hogue presented"Star Student Awards"to students demonstrating the character trait of"Respect". CITIZENS<PAR'TICI ATION There were no citizens present to address the council. CONSENT AGENDA All matters 1isied under the Consent Agenda are usideired to he xout a by the City Council and wall beeanat by •one m tion ;There will not Abe epar dlseuffsio of these items. di ss op::s desired,that item wilt be removed<. from ode Cogseut Agenda and twill be considered:separately A. Approval of the Minutes from the Regular Meeting of October 28, 2003. B. Consider and act upon a Preliminary Plat for the Housewright Addition, being all of a certain 1.022 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas and within the Extraterritorial Jurisdiction of the City of Wylie. Minutes—11-11-03 Wylie City Council Page 1 C. Consider and act upon a Preliminary Plat for the Wylie Lakes Phase 1 Addition, being all of a certain 49.359 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive, as described in a deed to Wylie Lakes, Ltd., as recorded in Volume 5415, Page 4387 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. D. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License Agreement between the City of Wylie and Dallas Area Rapid Transit for the installation of four 72- inch drainage pipes crossing the Cotton Belt line. E. Consider and act upon the award of a contract for paving and utility improvements along Cotton Belt, Jackson, and Cooper Streets to Rycon, Inc. in the amount of$308,659.00. F. Consider and act upon authorizing the law firm of Abernathy Roeder Boyd & Joplin to file a Declaratory Judgment concerning the Deed to City Hall property. G. Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council meetings. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to approve the Consent Agenda A-F and remove Item G for Individual Consideration. A vote was taken and passed 7-0. IND�'�IDC.1t1L �fJNSTI�ERAT �d1'� G. Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council meetings. Council Discussion Councilman Trout stated that he would like to see Rule #10 of the resolution changed to require two council members or the Mayor and one councilmember required to place items on the agenda. Mayor Pro Tern Hogue stated that there were times when the Mayor was informed of situations that could require him to place issues on the agenda without involving another councilmember. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution#2003- 20 (R) as presented. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Young, Councilman Shinn, and Councilman Worley voting for and Councilman Trout voting against. Minutes—11-11-03 Wylie City Council Page 2 1. Consider and act upon a request from the Downtown Merchant's Association regarding access and construction of Highway 78. Public Comments Mr. Bob Heath, a representative of the Downtown Merchants Association addressed council stating that there is no way that the project on Hwy 78 can satisfy everyone but some of the present issues did not just affect the downtown merchants but involved others that would be affected in a negative manner by the widening of Hwy 78. He stated that he and others had met with staff and the City Engineer and had some suggestions to offer the council that could be workable and would help some of the downtown businesses survive. Some of the suggestions included, leaving at least a right hand turn lane from Hwy 78 onto Jackson, making another cut thru somewhere between Ballard and Brown Streets, using Marble to obtain that cut thru, and a left hand turn lane somewhere between the North Texas Municipal Water District and Eubanks which right now has no left hand turn lane and is over a mile in length. Council Discussion Mayor Mondy asked City Engineer, Chris Holsted if the Locally Preferred Alternative Committee, which the city council established in 1999 to make recommendations to TxDot pertaining to closures of streets in the widening project on Hwy. 78, did not make a recommendation to council that Marble Street be left open. Mr. Hoisted stated that the committee recommended that Marble be closed and that TxDot concurred. Mayor Mondy asked what the cost would be to align Marble to allow it to stay open. Mr. Holsted stated that the purchase of the property would be approximately $12,000.00 and the construction cost for a median cut would be between$40,000.00 and$60,000.00. Mr. Biff Johnson stated that the small distance between Marble and the proposed intersection of Oak and Hwy. 78 was only about 150 to 200 feet apart and he felt, after conversations with the state,they would not be open to the idea of making a right hand turn opening onto Marble. Mayor Mondy asked staff if a request had been submitted to TxDot for a Marble Street opening. Mr. Hoisted stated that one had been submitted but staff had not received a reply. He stated that he would also submit a median cut for Eubanks based on the DMA recommendation. Mayor Mondy stated that he felt council would have to wait on the replies from state on the recommendations submitted by staff and also obtain information from the county on a donation of the property needed to align Marble or the purchase of that property. He also requested staff to obtain the actual construction date for Oak Street from the state. Once this information was obtained, further consideration could be made on the recommendations by the Downtown Merchants Association. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to table Item #1 until the December 9, 2003 Council Meeting so further information could be obtained from TxDot and other individuals. A vote was taken and passed 7-0. 2. Consider and act upon the approval of a resolution authorizing the Mayor to execute an agreement with the Kansas City Southern Railway Company for grade crossing improvements at McCreary Road. Staff Comments City Engineer Chris Hoisted addressed council stating that the agreement with Kansas City Southern Railway Company will authorize the KCS to install the necessary signalization and road improvements at the crossing as Minutes—11-11-03 Wylie City Council Page 3 well as upgrades to the crossing on the north bound lanes (City of Wylie). The total project cost is $314,306.00 and the City of Murphy has requested a reimbursement of$38,413.00 from the City of Wylie for the installation of the concrete road crossing on the north bound lanes. Staff will bring forward an Interlocal agreement with the City of Murphy at a later date if any cost reimbursement is necessary. Mr. Holsted stated that approval of the agreement will authorize the KCS to begin construction of the crossing. The agreement was approved by the City of Murphy on October 20, 2003. Council Discussion Mayor Mondy asked Mr. Hoisted if the agreement committed the City of Wylie to the $38,413.00 payable to the City of Murphy. Mr. Hoisted stated that it did not and if the City of Wylie elected not to put in that portion of the road crossing ($38,413.00) then that potion would drop out of the $314,306.00 total. If the City of Murphy and the City of Wylie elected to go forward with that portion of the road crossing, it would be done by a separate Interlocal Agreement between the City of Murphy and the City of Wylie at a later date. Mr. Holsted stated that the City of Wylie was a third party in this purposed agreement between the City of Murphy and KCS. Mayor Mondy then asked if the road improvement at the crossing would be safe without the portion in question. Mr. Hoisted stated that it was an old rough crossing that is a timber paneled crossing. Most of the railroad crossings in town now were cement panels. Mayor Mondy asked Mr. Hoisted again if the approval of this agreement was to move forward only and was not a commitment to pay for any upgrades. Mr. Holsted stated that was correct. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve Resolution#2003- 19 (R) authorizing the Mayor to execute an agreement with Kansas City Southern Railway Company for grade crossing improvements at McCreary Road. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Worley, Councilman Shinn, and Councilman Trout voting for and Councilman Young voting against. Mayor Mondy recessed into Work Session at 6:40 p.m. WORK • Discussion of Sign Ordinance Amendments Council and staff discussed some of the sign regulations proposed in Ordinance #2003-14 pertaining to the nonconforming signs and publication through the media as well as e-Wylie,the Wylie Newsletter,the Chamber of Commerce Newsletter, utility bills and any other available medium to inform citizens that if they have a nonconforming sign already installed on their property they must file for the nonconforming sign in the building department in order for that sign to be legal in the City of Wylie. Another point that was raised was the verbiage pertaining to #10 Regulations for Temporary Signs in#6 development site signs per acres under active development to be more specific as to the amount of signs per acres. Minutes—11-11-03 Wylie City Council Page 4 Mayor Mondy reconvened into open session at 6:46 p.m. Nl)1 IDL A . C ?1�1S I 1 2AT ON Tabled Item 3. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. Tabled Item from 9-23-03 A motion was made by Councilman Trout, seconded by Councilman Shinn to remove the sign ordinance item from the table. A vote was taken and passed 6-0 with Mayor Mondy, Councilwoman Allen, Councilman Trout, Councilman Worley, Councilman Young, and Councilman Shinn voting for and Mayor Pro Tem Hogue absent for the vote. Staff Comments Building Official Dale Jackson addressed council stating that city council discussed this item during a work session at the September 23, 2003, City Council meeting. Staff was made aware of two concerns of the Council. The first was to verify that the City Attorney reviewed the ordinance and the second was to provide a transition period for phasing out right-of-way signs. The City Attorney's office did review the ordinance in June. The ordinance was sent to the City Attorney's office again in October and it was discovered that there were some state law changes in September that affected sign regulations adopted by municipalities. The proposed ordinance does reflect all of the changes proposed by the City Attorney's office. The second issue has been addressed by adding a new section 12 to the ordinance that would be automatically repealed on July 1, 2004. This section legalizes right-of-way signs through July 1, 2004. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve Ordinance #2003-14 with the addition of more explicit verbiage pertaining to the Regulations for Temporary Signs at development sites and the number of signs per acres. A vote was taken and passed 6-0 with Mayor Pro Tem Hogue absent. REAjmN(1 OF Qgpl(NANCES TITLE & CAP`I`I€IN APPRO` E!) B'l CO;UNCp AS REQUIRED BY WY ,IE CITY`CHARTER.ARTICE IT,SECTION 13- City Secretary, Carole Ehrlich read Ordinance#2003-14 into the official record. Minutes—11-11-03 Wylie City Council Page 5 ............................................... ADJOURN NI There being no further business before council, a motion was made by Councilman Trout, seconded by Councilman Young to adjourn the meeting at 7:10 p.m. A vote was taken and passed 6-0 with Mayor Pro Tem Hogue absent. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—11-11-03 Wylie City Council Page 6 MINUTES SPECIAL CALLED MEETING Wylie City Council Monday, December 1, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North C..ALL TO ORDE Mayor John Mondy called the meeting to order at 6:30 p.m., with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout, and Councilman Randal Shinn. Staff members present were: Assistant City Manager, Mindy Manson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Mayor Pro Tem Hogue led the prayer. Councilman J. C. Worley led the Pledge of Allegiance. Mayor Mondy recessed into executive session at 6:32 p.m. EXECUTIVE fiSION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551.074 Personnel Matters regarding the City Manager. Section 551.071, Government Code. Meeting with city attorney concerning the City Manager on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. Mayor Mondy reconvened into open session at 7:28 p.m. I CO Elul INTO OPEN E!T`Il Nir Take any action as a result of Executive Session, including but not limited to,the continuation,termination, or the acceptance of the resignation of the City Manager's employment and the appointment of an Acting City Manager and the development of a transition plan,if necessary. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Shinn to accept the resignation of City Manager Biff Johnson as of today becoming effective December 2, 2003 and to approve the severance and release agreement which Minutes—12-01-03 Wylie City Council Page 1 authorizes payment of a severance payable to Mr. Johnson pursuant to Section 3, Paragraph A, of the employment agreement between Anthony Johnson and the City of Wylie and to authorize the Mayor to sign the same, subject to striking Paragraph 5,the confidentiality clause. A vote was taken and passed 7-0. Mayor Pro Tern Hogue made the motion that if Mr. Johnson did not agree to and execute the severance and release agreement, as revised, by December 2, 2003 at 5:00 p.m., that Mr. Johnson be terminated effective at 5:00 p.m. today, December 1, 2003 and Mr. Johnson be paid the severance pay referred to in Section 3, Paragraph A of the employment agreement between the City of Wylie and Anthony Johnson. The motion was seconded by Councilman Young. A vote was taken and passed 7-0. A motion was made by Councilman Shinn, seconded by Councilman Worley to appoint Assistant City Manager Mindy Manson as Interim/Acting City Manager. A vote was taken and passed 7-0. ADJOURNMENT With no further business before council,the meeting was adjourned at 7:30 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—12-01-03 Wylie City Council Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. B. December 9, 2003 Issue Consider and act upon a Final Plat for The Cascades Phase 2 Addition, being all of a certain 15.987 acre tract of land, generally located east of Country Club Road(F.M. 1378), north of The Cascades Phase 1 Addition, and south of Parker Road(F.M. 2514), and being a portion of that certain 53.7251 acre tract conveyed to Cascade Companies,L.L.C.by a Special Warranty Deed recorded in Volume 4607, Page 1881, Deed Records of Collin County, Texas (DRCCT), and including all of a called 0.8000 acre tract conveyed to C.T. Beckham by deed recorded in Volume 1901,Page 545,DRCCT, and including all of a called 5.1533 acre tract conveyed to C.T. Beckham by deed recorded in Volume 4605, Page 1399, DRCCT, and being situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 55 single-family residential lots and an access easement to the 4.5066-acre public park(built in Phase 1). The subject property totals 15.987 acres in size,and is the second and final phase of The Cascades residential development. The City Council initially approved rezoning for the subject property from Agriculture(A)District to Planned Develop District(PD 2000-20)for Single-Family Residential uses in February 2000 followed by the approval of the Concept Plan and Preliminary Plat for the overall development in May 2000. The Final Plat for Phase 1 was approved in September 2000, creating 99 single-family lots and cascading lakes on 34.6 acres. 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 with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan approved with the Planned Development District and Preliminary Plat, and complies with all applicable technical requirements of the City of Wylie. 2. The required parkland dedication for the entire PD has been met in Phase 1 and no additional parkland is required in Phase 2. Board/Commission Recommendations On November 18, 2003,the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat C . Prepared by Revi d by inance City M n ger Approval F.M.251a OWNERS CERTIFICATION T .r r N.r ,.r..r .. •'. 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LA . / t•ti"ir-—_�_e-T / 33 'ra Y Z,� ° •/a'/" Y\ \\ 2D RI x A cawoN�7C46 4 ARFw o •ch o° °"'� Re,. ^NOP«ca.NawY 1 anti '" r a xo..BDe5ca.65 c. 21ta PAGE 1601 /; ,' a: \ 's/ r Naas �w,� 55•'.5 15 .o- �. .e.e oar.. , a, I ACRUME E RD,NNDER �.,, '/,,; '/�' 21 \\\ 1'I w L Ne .�.ew 11 AcRES GENERAL NOTES:� xaxED PP w e-1 h sr20 c/.r ,.8/N,� \5\6�4\1, A•ha. 1N CASCADES-PHA 1 try 'kyr' /5�, 4. 8' \ \\\ 9 4,, 4RE /i�EaWsrzWSI Y ERPLs 55uTMVxLEss DTMEaxg gxort, asa Q- ''%is 22 . ,LS\ \ po`q STONECREST TRAIL 19 /,,o ,a/sb:a \ \ \ to t,,p�! LEGEND AST s,o %y,�l g/ O \ \\• CERTIFICATE OF APPROVAL R / 23 • \ or Approval 1a a/ \ Recommended r A-16'55'40" q 2 a/`N .' II \ _.e PRIVATE uanY EAs.Lnr pore. • .`,o R=820.00' 8 / ;^ • \ Planning Ne Zoning Commission .rr s n>m s..z.N L=242.26' ao s / 24 \ 'SMUT NAME ORANGE y aWOIe,Texas ..0 4.....y I] A/'ail,8 •No 12\ 3 8 T g zs o''.e-^+a"b •,z 4, yYR 4 iw/' 23� 10 Approved for Construction 2 a ) a ry ,s A' , Elate eY 1s </ /i/. sya.. t' Mayw.City of Wyre,Texas e 2. )0 '+, , }°°. Y OWNER'S ACKNOWLEDGEMENT: ¢U O J W A O t♦+a�^ 15 /;fcs/ g/e, 26 .,, THAT. CASCADE COMPANIES. OMPANI AGENT.DOES HEREBYBYA ND THROUGH PLAT DESIGNATING UNDERSIGNED ITS Accepted �p/v' '+a,'rF s.� -▪ •�, ,� 9 +.;c U, CAS N Date,4, O/ THE HEREINUpESCR DESCRIBED REAL PROPERTY AS LADES PHASE 2 A O Q„A 8,r A 2)~x ��� ADDITION TO THE CNv OF WYUE TEXAS,AND ADOPT HEREBY DEDICATE yor,City of wy'a r 1 U3 �>,�/7 13 (� <8 y 6 ,� 0 THE e uY THE EASEMENTS 5.1oWN HEREON. c Tee Tess a a: z e - 700 �A / 26 2/ undersigned. City Secretory of the City of Wylie,1HE CASCADES-PHASE 1 U N /�. L6 4. M U MTNESS My NAND AT JCHNSON COUNTY,TEXAS ereby certifiesforegoing at a m Phase 2 <g _-� r2yozs•K, •'C3 'h � eA,26 ♦ ) THIS D,ra on oddilion to the City of Wylie.2003. Nos submitted.the City ycCoou ncil on I,Ca • \ 12 a 30 a^ end paces.o :aei«the `al streets,imes alley, 4 3 \i.R QE_ / �'... a and set forth in Ond upon eoe<eptonce thereof and Said Cby ouncil signing ,s 1 � OR/VE 1 '��AIIIIII RANDY NDLAN name os n««noeo.e described. U 9 OD 6 \ Witness Y and this y I a \ ♦ 0 II \ 2 ,/ 3 13 \ /'/ CRY Secret, vas ♦ Te City of wy,e. 5 BEFORE ME.1NE UNDERSIGNED.A NOTARY PUBLIC IN.0 FOR ME STATE OF TEXAS ERSONALLY APPEAREO RANDY NOLAN. KNONN TO NE TO BE WIE OWNER/DEVELOPER: WATT POTS'N 'N5ATE: As 16- " TO ME THAT E E.Ea1EoAME IS THE 004,EIBED FORTO ,HE PURPOSE ANDOREGOING CONSIDERATIOUMENT,ENO N,HEREIN FINAL PLAT mew,IN.DE SUGOSSON Rs SHOM 5949 SHERRY 04LAS.21E-73a_2)33 TX TECASCADE COMPAWES. 1226 w.W ar N.r aW rs 4T aNSW YE NIC SOERSMED A SCOTT TeX IN M.FIT PE STAIR Cr ISAS a UNDER MY WAND AHD ,L a GE. D DD, THE CASCADES �oT EXCISE a«a.,E ME aToe a.ca.w..�,..e.a. — PHASE 2 SURVEYOR: ..n.arum .... _ BEING 1596)ACRES of UNE SITUATED IN THE.LAMES M.CUINURRY SURVEY, POWELL I osrz w wo m r ro an w a wm ur n ro x a m¢. _o.r a ma 6 AA CE ABSTRACT N0.629.JOI NOS COMFY.1IST D AND BEINGM A PORTIONO TNT YY rt.u.Tmn.aw.o.ss.. y CERtNN TRACT Of LAND AS RECORDED a!DEED VOLUME KO).PAGE 1661, © oArta • DEED RECORDS N COL CDuwtt,TExAS. N.A.PUTS s..rt s Sul elx..x nH NOVEMBER 2003 I NUV 1 1 1OF1 n t l Y 2 2003 PLS JOB NUMBER 20031 80-01 WYLIE CITY COUNCIL AGENDA ITEM NO. C. December 9, 2003 Issue Consider and act upon a Final Plat for the McCreary-F.M. 544 Addition,being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 2 lots totaling 6.6943 acres and 0.5631 acre for right- of-way dedication for the future widening of McCreary Road for a total of 7.2575 acres. Lot 1 is 2.5505 acres in size and will be developed in the future as retail. Lot 2 is 4.1438 acres in size and will be developed as a self-storage facility. The property is zoned Corridor Commercial(CC)District and the proposed self-storage warehouses are permitted within that district. The Planning and Zoning Commission approved the Site Plan for the self-storage facility on October 7, 2003. A separate Site Plan will be required to be submitted for approval when the Lot 1 retail site is ready to be developed. A Preliminary Plat was approved by the City Council on October 28,2003. 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 with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The proposed Final Plat for the McCreary-F.M. 544 Addition complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. The Plat provides additional right-of-way for the future expansion of McCreary Road. No additional right-of-way required for F.M. 544. 3. Common access is provided by a joint access easement between Lots 1 and 2 and to the property to the east. Board/Commission Recommendations On November 18, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Revi e by Finance City Man r Approval � s Id 1 li ,"eh j f, 1 il 1 i 2;!V , ,u„,„, , , , ,, it a t f iii I i ; 1111=14 ,, ,, hi . ;ajj I I!a11 ii I. f 3 s i, ii,iii F ii 3~ �i _' ' . h . ,k11 § •E , 4 i 1 If !Li ai 1 II;.1! ii K G r ; i a 7 { . i R,li%j! 1,1 i; 1 1 ! 1 1 !� i ,lip i;ipiiii'�I !? , , ,14, i j i b ati Rir l 1 44 it II IS 11 11 11 1t; 1..i pi.1 .111 ! i �3 its liel 11 91 Etj 1,� i; !f tj !l ! �i 1: 4f ''';t11110� ;as ! a; �! i' jE t "8 1 lo — i i 1 . 3l• iii i it ii Si [ nil 114 f ! � i iS a3 i ifit iii tip it. if if if if if i�i ; {#= c �;E1f 4�in i ; t i' 1 iIi i ii . r MO ,{l1 fiii '��! i�i �l,9 f 11 I;1 ilii A ill'°IhiliP!i ; i iiifii'i 1t�a 41,1le D ; i� � � S 1 iIV !t i li €i. i 3 i{1i 11 a a a ; a f + iiif t i! ti ill58 ' 0 i 11! I! ! h! h! i 1•' , i aI 1 533E ! iMI ,0 ' i as iali Ii18 R BBI II;1E 1! 1: 1!1! 111 last ii sil iiiti f II 1, ii '3 i I i i 4 g DI i F it il 41111 1 I F i I !gill 1 i i ilifis z�_ _ L �� 13 ' Il I ' i M.ozv.ros I .' {J . i _ '_(t 1 F— I I 3.1 i 1 — , 1 1 t .Fliv� I t I 1~ I � I 1 a1� Willi ! gl lifij I Q �� tff i thi ' _ ii � F 13 i a� � Qq 1 it) if i tL 2 a 1E1111 ga Si I $ "rs P �' R I11 t ikei -$Q I - lc55 / g I 1 IIl �i i 1 i I CI i; 1 ti 1 ' 1 — ' a } il -_-- --__ , ___ oIM I il 1 - 1 . I tir2,a* aw s.u, AS rw va 701±° „ p _ "...,1 r naleall/ON 1 ii littli! I is a Iv I a Palbhai ! o WYLIE CITY COUNCIL AGENDA ITEM NO. D. December 9, 2003 Issue Consider and act upon a Final Plat for the Housewright Addition, being all of a certain 1.002 acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A. West Survey, Abstract No. 979, Collin County, Texas, and within the Extraterritorial Jurisdiction of the City of Wylie. Background The Final Plat for the Housewright Addition totals 1.022 acres, and will create one rural residential lot as well as dedicate right-of-way for widening of old F.M. 544 South. The subject property is located in unincorporated Collin County but is within the Extraterritorial Jurisdiction of the City of Wylie, and in compliance with the Interlocal Government Agreement approved in March 2002 requires the plat to be approved by the City of Wylie. Development of this lot must comply with the Subdivision Regulations of the City of Wylie and the Building Codes of Collin County. The Preliminary Plat for this Addition was approved by the City Council on November 11, 2003. 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 with that time period". Financial Considerations Plat application fees—Paid Other Considerations 1. The Final Plat conforms to the platting requirements of the City of Wylie and Collin County, as well as with the Subdivision Regulations of the City of Wylie. 2. The Plat dedicates 15 feet of right-of-way for the future widening of old F.M. 544 South. This portion of F.M. 544 was recently removed from the State highway system and is now City owned and maintained, and is planned as a six-lane divided thoroughfare. 3. The subject property cannot be annexed into the City of Wylie at this time because it has no contiguous boundary with the city limits and no sewer services are available within a reasonable distance. Board/Commission Recommendations On December 2, 2003,the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Revi ed b Financ City M n ger Approval I I I x Fs544STONE OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLIJN MN oar MB WHEREAS.Jam.E.House/night,la the Owner of a tract of lend situated In the A Atterberry S �� 90 0 30 BD 90 bur.Ey,Ahetfrac1.02 acre and. of land In the A crop eyed test o Jam.Abstract nE.NBussewright 9. by deed County. ecorded in b f 1 Volume 5445,Page 1504,and ail of a 0.015 acre tract of land conveyed to Jamey E. Houeawright by deed recorded under County Clerk's File Number 2003-0206692,D.d 111 Scale 1" = 30' Records,Collin County.Texas and being more particularly described as Mows Seething at a 1/2'iron rod found on the rod right-of-way Ilse a F.Y.Highway No.544 for the southward corn r of said 1. treet northwest corner or a 1.177 acre troth of lend eyed conv to Donald Robed Bridge.by deed recorded ed in Volume 2362,Page 959,Bead Records, Collin County.Tease; LOCATION MAP (NEE.) Thence,North 00,6(10'East,along the east right-of-way line of PY.Highway No.594. • the west line of raid 1.02 acre troth and the wed Ilse of said 0.01E ace tmM,a a y: 103.50 feet to a capped 6/B"iron rod yet for the northwest corner of veld 0.015 acre tract: Thence,South 69'E13'00'Eeetrt along the north line of.1d 0.01E acre tract,a distance of 441.10 feet to a napped 5/e Iron rod set on a wed line of a 3.10 doe treat of land conveyed to R.Richard Parker by deed recorded In Volume 4647.Page 1469.Deed Records,Collin County, Texas for the northeast corner of veld 0.015 aura tad. I JOHN RICE eooetaRIGRT Thence,South 06'46'00'Wed ail lineea.,along the nail ea 0.015 acre tree,east line of add I CC/95-000790E I 1.02 ace tract and a wed lime of said 3.10 acre tract,e distance of 109.94 fed tea 3/4'Iron rod 1 found for the eouthead corner of sell 1.02 acre tract and a re-enfant comer of veld 3.10 acre tract; I k Thence,North tract and last,along the south line of veld 1.02 acre tract,a north line of mid cu.RN u w — 9 0922'00"E .1.10' Point3.10 acre of Beginning and doontdving 45115 e euneceeld lfeet or 1.0 sore 37 threeo ft lend.of 49E.05 feet to the — — — 48e.10' — — — neat ever Ls R ft IS 71) p L a NOW.THEREFORE ENOW ALL IOW BY THESE PRESENTS: c g Thai,1,lam.E.Houeewrlght,do hereby adopt Ude plat designating the herelnabore described property art z m I i w Housethisht Addition, Addition to the City of Wylie,Collin County.Texas,and do hereby dedicate la the LOT I.BLOCK A o c 43,699 SQ.PT. ► public stir ram.the easements d dent-of_ws,s theme hereon. e c 1002 ACRES R.I6CHARv PARKER The li cents shown hereon Deep heed for the purposes tndl.ted. No%VITA',fens,tees. shrubs, other improvements g �hdl ba drnMed plenad pen, er m e the...me to § d o ' VOL 34647,C�91.9 and right-of-ways shown. Said utility easement below hereby revered for the mutual tie d accommodation I� of all public utilities deg.{to use or tieing same. All end any public utility'hall have the fu0 right to remove and keep removed all or party of any buildings,fences,trees,shrubs or other improve ante or growth which may In any way endanger or Interfere with the construction,matntenan..or efficiency or Ile reepectle system fig the utility earment and all public ut111tiee eDall et ea times have the mB right therms agrees from and upon the said utility t for the construction,reconstruction.ivep.tlng.patrol.g.maintaining. W and adding mimed to or removing all or pert of 1S reapeotive systems without the nece.Ny at any time of procuring 417.05. pre anyone. /Alit.im:l — — — — N aree'oo W 432.05. — — — — lgo pain WITNESS MY HAND this dal of 2003. POINT OF r BEGINNING — fames E.Houvewrigh! I I DONAID ROBERT BRIDGES 1.177 ACRES I STATE OP TEXAS VOL 2355 PG.959 CO.TY OF COLIN 0 0 BEFOREs data personally YE,the undersigned authority,•Notary Public komth to me to be In and for the State at Texas I on sxlecvted the ems}gym p purpheromd cnealde to d bvk owledgdd to t person whose name. to theme that ere mirth . GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS day of ,200S. . Notary Pub.for the State of Taxes My Commlesiov expires ( I 'Recommended for Approve' Bathing,based on deed recorded In Volume 6446. __ Date: Page 1504,Deed Records,Collin County,Teens. Chairmen,Phoning&Zoning Commission City of Wrtle,Tex. "Approved for Construction- __ Date: __ SURVIVOR'S CERTIFICATE Yn,or.City of Wylie.Texas KNOW ALL YEN BY THESE PRESENTS: 'AcoaPled' THAT,I,Donald J.Jac.,do hereby certify that I have prepared this plat from an send and accurate th Fur ,of the land and that the corner month:moth shown thereonproperly placed under my personal rvper.=in e.o.m.with the Plet.g Rules and Regulations of the City of Wylie,Texas. Data:_ Yaer,City of Wylie,Team Donald J.Jeokaan Registered Professional Land Surveyor No.864E The undersigned,the City Secretary of the City of Wy lie,wee submitted b.eb]vto thes that ohs it on th flvai plat of ifom.wrlda Aamunm m edmnen to the ay a d the wen fo to l action.sty then an one FINAL PLAT de,of__ ,E0-and the Comet.D,formal a.. Nan and then eco..es STATE OF COLXAS () the dedication of slreelx,ally,..perk,.eesemmte,public pies and Mayor unit rawer line.as anew¢and yet HOUSEWRIGHT ADDITION COUNTY OF COIlIX () sorb this upon add plat and said Council further euthori.d the Mayor to note the acceptance thereof by signing his name m heelneb0e deathbed. BEFORE MR the undersigned authority,a Notary Public m and for the State of Texas,an tune date A.ATTERBERRY SURVEY,ABSTRACT NO.23 en,append Donald J.Jack known to me to be the person whose name le eubecrlbed to WJthese my bend thL____theyo} AD.,2003. the eo the foregod ng insirument andmret acowleeaegg.to me that he executed the same for the pus,.and AND A.WEST SURVEY,ABSTRACT NO.979 consideration therein expreaeed and order oath d InC stated that the statements the foregoing certificate OWRJ COUNTY,TEXAS ere true. GIVEIJ UNDER YY HAND AND SEAL CT OFFICE this_day d ,non. City Secretor, PREPARED:NOVEMBER 20,2003 City of Tyne,Tom Notary Public for the Slate of Te OedAP JAY®E.HOUSEWRIGHT n. U TIE. 544 isden r Y]vomm expires ____ NONOTICElYL1E.f 75098 972-442-1871 Eelllog a porno'of thle addltbn by melee and Dounde Is a rloldton of Clty Ordinance SURVEYOR JACFSON tr ASSOCIATES LAND SURVEYORS.INC. and fro law and is enDJsth th Nnr end wlthheldlnw Of utlBtir end buBdmg pad alto. JOB NO.969-03-0111 2600 W.T.Y.RD.544 DWG NO.96901110tG WILES'MM. 75090 P72-442-4045 WYLIE CITY COUNCIL AGENDA ITEM NO. E. December 9, 2003 Issue Consider and act upon approval of an Agreement between the City of Wylie and Wal-Mart Stores. Background On August 13, 2002 the City Council authorized the City Manager to execute and award a contract for engineering services related to the design of paving and utility improvements on S.H. 78 from Eubanks to Spring Creek, as well as design for signalization for the intersection of S.H. 78 and Spring Creek. This was a result of negotiations between the City of Wylie and Wal-Mart regarding the construction of the Wal-Mart store and the extension of TxDOT's project to widen S.H. 78, which was originally slated to end at Eubanks. A letter of intent outlining the financial commitment of each entity was prepared by Wal-Mart in November, 2002 and was subsequently accepted by Wylie in December, 2002. This Agreement simply formalizes the conditions set forth in the letter. Other Considerations N/A Financial Consideration The source of funding for the extension of the construction of S.H. 78 will be from the 1999 Bond. The costs associated with the construction and signalization of the S.H. 78 and Spring Creek intersection will be reimbursed by Wal-Mart in an amount not to exceed $240,000. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Agreement. Attachments November 2002 letter Agreement Prep ed by Re i ed y Finan e City ager Approval HAYNES AND BOONE , LLP November 13, 2003 City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Attention: Mr. Bif Johnson City Manager Re: Agreement Regarding Construction of Road Improvements Wylie, Texas; Store No. 5210 h b Haynes and Boone File No. 16358.261 Dear Mr. Johnson: Enclosed are four (4) partially-executed original counterparts of Agreement Regarding Construction of Road Improvements in the above-referenced matter. Please have an authorized representative of the City of Wylie sign all of the counterparts and return all to me for further handling. Please give me a call with any questions. • cerely, Robert A. McCulloch (214)651-5600 tnccullor@haynesboone.corn D-/187431 I.DOC cc: Bruce E. Wickline, Esq. Mr. Rob Adams Attorneys 901 Main Street Suite 3100 Dallas, Texas 75202-3789 Telephone [214] 651.5000 Fax [214] 651.5940 http://www.haynesboone.com AUSTIN DALLAS FORT WORTH HOUSTON RICHARDSON SAN ANTONIO WASHINGTON, D.C. MEXICO CITY Wylie,Texas Store No.5210 AGREEMENT BETWEEN WAL-MART STORES TEXAS,L.P.AND THE CITY OF WYLIE,TEXAS This agreement between the CITY OF WYLIE,TEXAS ("Wylie")and WAL-MART STORES TEXAS, L.P., a Texas limited partnership ("Wal-Mart"), concerning construction of road improvmeents on State Highway 75 and Wal-Mart's financial participation in the interesection improvements and a traffic control device at the intersection of State Highway 78 and Spring Creek Parkway and other matters provided herein, all as more particularly described herein (the "Agreement") as of this day of November, 2003 (the"Effective Date of this Agreement").• In consideration of the mutual promises set forth herein and other good and valuable consideration,the receipt of which is hereby acknowledged,Wylie and Wal-Mart agree as follows: 1. Obligations of Wylie. A. Construction of Improvements on Highway 78. The Texas Department of Transportation("TXDot") is in the process of extending thoroughfare improvements on Highway 78 from Eubanks to Spring Creek Parkway including the intersection of State Highway 78 and Spring Creek Parkway (the "State Highway 78 Improvements"). Wylie is participating financially and otherwise in the construction of the State Highway 78 Improvements , including the costs of construction of the intersection improvements and a traffic control device at the intersection of State Highway 78 and Spring Creek Parkway (the "Spring Creek Parkway Improvements"). B. Beginning thirty(30)days after execution of this Agreement, Wylie shall provide Wal-Mart with written reports on the progress on the State Highway 78 Improvements at sixty (60) day intervals until the State Highway 78 Improvements are completed. Wal-Mart engineers shall have the reasonable opportunity to review and approve the location and design of the traffic control device, it being expressly understood that TxDot has final authority over the same. 2. Obligations of Wal-Mart. A. Upon the earlier of(i)the issuance of a certificate of occupancy by Wylie for the Wal-Mart store adjacent to the intersection of State Highway 78 and Spring Creek Parkway or (ii)six (6) months after completion of the Spring Creek Parkway Improvements and acceptance by TxDot of the thoroughfare improvements on State Highway 78 from Eubanks to Spring Creek Parkway, Wal-Mart shall pay Wylie its costs to construct the Spring Creek Parkway Improvements,not to exceed Two Hundred Forty Thousand and No/100 Dollars($240,000.00). B. Wal-Mart's reimbursement, as described in this Agreement, is in lieu of all other costs, expenses, or assessments associated with the State Highway 78 Improvements and the Spring Creek Parkway Improvements, except that Spring Creek Parkway will be widened from Highway 78 to Centennial Drive as a part of the Wal-Mart construction at Wal-Mart's expense. 3. Miscellaneous. AGREEMENT REGARDING CONSTRUCTION OF ROAD IMPROVEMENTS/WYI,IE,TX STORE No.5210 16358.261/11/11/2003/1110 Wylie Improvements Agreement Page I of 4 A. Breach. In the event of a breach of this Agreement by either party, the other may pursue any remedies available at law or in equity. B. Notices. Any notice required or permitted by this Agreement is effective when personally delivered in writing or two (2) days after notice is deposited with the U.S. Postal Service,postage prepaid certified with return receipt requested, and addressed as follows: City of Wylie: City of Wylie 2000 State Highway 78 North Wylie,Texas 75098 Attn: Anthony Johnson, City Manager Telephone No.: (972)442-8120 Facsimile No.: (972)442-4302 and with copy to: Richard Abernathy 1700 Redbud, Suite 300 P.O.Box 1210 McKinney,Texas 75070-1210 Telephone No.: (972)544-4000 Facsimile No.: (972)544-4040 Wal-Mart: Wal-Mart Stores Texas,L.P. Attn: Real Estate Manager 2001 S.E.Tenth Street Bentonville,Arkansas 72716-0550 Reference: Wylie,Texas; Store No. 5210 The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of change is provided to the other party in accordance with the provisions of this paragraph. C. Capacities. The person or persons executing this Agreement on behalf of Wylie represents and warrants that he/she has the authority to do so in the capacity stated. The person or persons executing this Agreement on behalf of Wal-Mart represents and warrants that he/she has the authority to do so in the capacity stated. D. Interpretation. This Agreement will be deemed drafted equally by all parties hereto. The language of all parts of this Agreement will construed as a whole according to its fair meaning, and any presumption or principle that the language in this Agreement is to be construed against any party will not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. E. Counterparts. The parties may execute this Agreement in one or more counterparts, all of which shall be deemed an original, but all of which together shall constitute one and the same instrument. F. Further Assurances. The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transactions described in this Agreement. AGREEMENT REGARDING RELOCATION OF ACCESS EASEMENTS/WYLIE,TX STORE NO.5210 16358.261/11/11/2003/1110 Wylie Improvements Agreement Page 2 of 4 G. Unenforceability. If any part,term or provision of this Agreement is held by the courts to be illegal, invalid or otherwise unenforceable, such illegality, invalidity or unenforceability shall not affect the validity of any other part,term or provision, and the rights of the parties will be construed as if the part, term of provision, and the rights of the parties will be construed as if the party,term of provision was never part of this Agreement. H. Captions. The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. I. Agreement Interpretation. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the term sand conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them were represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the parties agree that this Agreement shall not be interpreted against the drafter hereof. J. Third Party Beneficiaries. Each party agrees and intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or entity other than the parties to this Agreement and successors or assigns. K. Venue. The parties to this Agreement agree and covenant that if legal action is necessary to enforce this Agreement,exclusive venue will lie in Collin County, Texas. L. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. IN WITNESS WHEREOF, the parties hereby have executed this Agreement as of the day first written above. EXECUTED as of the day and year first above written. Attest: CITY OF WYLIE,TEXAS By: Name: Name: Secretary Its: Approved as to legal terms only WAL-MART SW ERAS,L.P., bye a Texas limite• p WAL-MART EGAL DEPT. Date: 1 Zoo By / IA 1 46. 4 Barry . . t'' an Assistant Vice President AGREEMENT REGARDING RELOCATION OF ACCESS EASEMENTS/WYLIE,TX STORE No.5210 16358.261/11/11/2003/1110 Wylie Improvements Agreement Page 3 of 4 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WYLIE, TEXAS, and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this,the day of November, 2003. Notary Public in and for the State of Texas My Commission Expires: (SEAL) THE STATE OF ARKANSAS § COUNTY OF BENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Barry Shannahan, Assistant Vice President,known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said WAL-MART STORES TEXAS, L.P., and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this,the (2 day of November,2003. 1<i41k)(td-UAZD' Notary Public in and for the S to of Arkansas My Commission Expires: (9/I/e s0 l (SEAL) " NOTARY SEAL " Kim Adams, Notary Public Washington County,State of Arkansas My Commission Expires 2/1/2011 AGREEMENT REGARDING RELOCATION OF ACCESS EASEMENTS/WYLIE,TX STORE No.5210 16358.261/11/11/2003/1110 Wylie Improvements Agreement Page 4 of 4 WYLIE CITY COUNCIL AGENDA ITEM NO. F. May 27, 2004 Issue Consider and act upon approval of final acceptance of the Rush Creek force main and authorize final payment to Texas Electric Utility Construction,in the amount of$37,977.07 and accept the project as complete. Background On August 27, 2002 the Wylie City Council awarded a construction contract to Texas Electric Utility Construction for the construction of the Rush Creek force main, which includes 2,700 linear feet of 36- inch gravity sewer and 4,760 linear feet of 18-inch force main. The walk through has been performed and the contractor has addressed all of the items identified. No change orders were issued for the project. The final contract price for the project after quantity adjustments is $442,001.42 which is the original bid amount Financial Considerations The Rush Creek lift station and force main project is included in the most recent impact fee update and sewer impact fee funds were used for the construction of the force main. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations The Engineer and Staff recommends final acceptance of the project and issuing final payment to Texas Electric Utility Construction in the amount of$37,977.07. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release r Prepared by evie d b inance City M ager Approval • THE HOGAN CORPORATION Engineers • Planners • Consultants November 7,2003 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Chris Hoisted Re: Rush Creek Sewer&Force Main THC#002-50.21 Dear Mr.Johnson: Enclosed please find four(4)copies of Texas Electric Utility Construction,Inc.Pay Request Number 5 and final for the referenced project,for the period of March 29,2003 through August 20,2003, in the adjusted amount of$37,977.07. This final pay request includes release of all retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety to Final Payment" from the bonding company as well as a"Lien Waiver, Release and Hold Harmless." Copies of these documents are attached for your reference. Based on our general review of construction,and reports from the City's Construction Observer, it is our opinion that the work has been constructed in substantial conformance to the approved plans and specifications,as amended. We therefore recommend the City accept the construction and authorize final payment to Texas Electric Utility Construction,Inc. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Upon your approval of this pay request,please sign all four(4)copies in the spaces provided,retaining two copies for your files,and forward one copy to us,and one to the contractor with your remittance. If there are any comments or questions on the above,please do not hesitate to contact the undersigned. Very truly yours, THE HOGAN CORPORATION rry •n,P.E. Vice P -iff •-nt Enclosures cc: John Luker,Texas Electric Utility Construction, Inc. Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 � Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Application for Payment No 5 and Final - Rush Creek Sewer and Force Main Owner City of Wylie For Period From: March 29,2003 To: August 20,2003 Project Name: Rush Creek Sewer&Force Main Owner's Project No.: Engineer's Project No.: 002-50.21 Contractor: Texas Electric Utility Construction Address: P.O.Box 2211 Sherman,Texas 75091 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $442,001.42 Contract Date: November 1,2002 Change Orders: Start Date: November 1,2002 #1 Time Allotted: 120 cal.days Time Extensions: 0 cal.days Revised Contract Time: 120 cal.days Elapsed: 292 cal.days %Time Elapsed: 243.33% Remaining: -172 cal.days Total Change Orders: $0.00 Total Adjusted Contract: $442,001.42 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $442,001.42 DEDUCT for Twin Lakes Lift Pump Repairs ($14,806.96) Material on Hand(See Attached): $0.00 PROJECT TOTAL TO DATE: 96.65% $427,194.46 Les 0% Retainage: $0.00 Less Previous Payments: $389,217.39 Total Deductions: $389,217.39 ($389,217.39) TOTAL AMOUNT DUE THIS ESTIMATE: $37,977.07 Recomm nded: Approved: By: II Date: Date: Engineer City of Wylie 11/6/2003 Page 1 App for Pay t ; t 1g 41$ �4 Pa l II V. I, a I1 4613 Highway 1417 North a! r :�ke4 �+p0.,=Box 2211 TEXAS / Shermai , Texas 75091 903893.0949 L)A..JVL1TYCQ � www.texaselectric.co N m STRUCTION poi InfraStru, Compan`! INVOICE Customer Address: Invoice Number: 21620 CITY OF WYLIE Invoice Date : 08/21/03 CITY HALL Work Order#: FINAL WYLIE, TX 75098 Job#: 600168 Terms : Due Upon Receipt Job Name or Description : RUSH CREEK FINAL BILLING Description Amount TOTAL MISCELLANEUOS 37,977.07 Subtotal 37,977.07 Less: Retainage Grand Total 37,977.07 THANK YOU FOR YOUR BUSINESS! ESTIMATE NO 5- Final SI WET I OF I SHEETS PROJECT DESCRIPTION Rush Creek Sewer&Force Main August,2003 ESTIMATE PERIODIC ESTIMATE IN ACCOUNT WITH CITY OF WYLIE ADDRESS CITY HALL,2000 HWY 78 N.,WYLIE,TX 75098 Unit Description of Items Unit Estimated Total Work Done Total Work Done Total Work Contract Amount No. Quantities This Estimate Previous Done On Price Estimate Contract 1 36" PVC PROFILE GRAVITY LF 2713 0 2713 2713 51.74766 140,391.40 2 5' DIAMETER MANHOLE EA 5 0 5 5 2,809.79984 14,049.00 3 5'.DIA. MANHOLE TYPE"S" EA 2 0 2 2 3,043.94982 6,087.90 4 6' SPECIAL MANHOLE W/DIP LS 1 0 1 1 17,342.45924 17,342.46 5 18" DIP CL 250 LF 290 0 290 290 47.34564 13,730.24 6 18" FORCE MAIN PVC OR DIP LF 4760 0 4760 4760 44.51242 211,879.12 7 30" BORE/JACK W/.50 CASING LF 42 0 42 42 277.93603 11,673.31 8 R&R ASPHALT PAVING LF 30 0 30 30 64.39125 1,931.74 9 CONCRETE ENCASEMENT LF 180 0 180 180 46.83000 8,429.40 10 3" SEWAGE AIR/VACUUM VAL 1 LS 0 1 1 7,398.33176 7,398.33 11 TRENCH SAFETY LF 7763 0 7763 7763 1.17075 9,088.53 442,001.42 Original Contract Amount CONTRACTOR'S CERTIFICATION 0.00 Total Additions I, David W. Estes , the undersigned upon oath do depose and (14,806.96) say that I have full knowledge of the above and foregoing Total Deductions account, that the said account is just, correct, due, and according to law and that the amount claimed after allowing 427,194.46 all just credits, is now due and wholly unpaid, and that I am Contract as Revised To Date authorized to make this affidavit,so help me God. 442,001.42 Total Amount of Work CLAIMANT: exas Electric Utility Construction Done to Date BY: 4f(1 4 Materials on Hand 0.00 Subscribed and sworn to before me August 20,2003. 427,194.46 Total Work and Materials My commission expires: 3-1D- 7 0.00 Amount Retained Notary Public: 1 _ t . -_-- ( I 0)Percent *",u,,, REBECCA ANN E f Xes 427,194.46 :�� .^'_ Notary Public ;ta;C o Te �Q•4 ,,,A„v .nr•.ssion Expires Balance °'4. ;;To., Match 10,2007 ";;;,,'`'' ,o,...�.. . 389,217.39 Less Previous ENGINEER'S CERTIFICATION Payments 37,977.07 I certify that I have checked and verified this Estimate No._ Amount Due On Contract Estimate for the period of to 120 inclusive, that the to the Contract Time/Calendar Days best of my knowledge and belief it is a true and correct 0 statement of work performed and/or materials supplied by the Days Added or(Deleted) Contractor. 120 Contract Time as Revised BY: Days Used This Estimate DATE: Days Previously Used REMARKS: Total Days Used Days Remaining of(Late) Contract Completion Time Contractor's Estimated Completion Date STATE OF TEXAS COUNTY OF GRAYSON LEIN WAIVER,RELEASE AND HOLD HARMLESS Texas Electric Utility Construction, Ltd. ,(the "Contractor")hereby certifies that he/they has received payment of Four-hundred twenty seven thousand-one hundred-ninety four and 46/100 Dollars. ($427.194.46 )to date and/or satisfaction for all work, materials, labor, supplies, and services performed through July, 2003 by the Contractor, his subcontractors and/or any of their respective agents, materialmen, laborers, employees, suppliers and/or subcontractors on,or in connection with, improving all or any part of the premises described at the project at Rush Creek Sewer&Force Main,Wylie,Texas (name and address of project). , The Contractor hereby waives, releases, and relinquishes its constitutional,statutory and other lien rights arising by virtue of the Contractor's or any of its subcontractor's construction contracts or subcontracts covering the performance of any work or improvements on the premise and/or the delivery of any labor, service,materials, supplies, fixtures,apparatus or machinery furnished by the undersigned to the above described premise through the date of July, 2003 . In addition,the Contractor hereby agrees to save, protect, defend and hold harmless Texas Electric Utility Construction,Ltd., its officers, directors, agents, and employees against any and all liability or claims asserted by the Contractor or by their subcontractor's, materialmen, employees, laborers, and suppliers for costs, expenses and/or attorneys' fees growing out of,or arising from, any claims or liens made for labor, service, supplies, materials, fixtures, apparatus, or machinery furnished in conjunction with the work performed and materials furnished by the Contractor or his subcontractors and their materialmen and/or subcontractors prior to the date hereof; and the undersigned agree herein to defend all of same at their own cost and expense. EXECU D this 30`h day of October, 2003 AC:LeT1-77,,40 BY:David W.E§tes TITLE: President STATE OF TEXAS,COUNTY OF GRAYSON This instrument was acknowledged before me on October 30,2003,by(name of signatory) David W. Estes ,(title of signatory)President of Texas Electric Utility Construction,Ltd.(name of company),a partnership (corporation?),on behalf of said Texas Electric Utility Construction,Ltd.(corporation name). NOTARY PUBLIC,STATE OF TEXAS ••`�Y��"�. REar CAPub ANN ENDERS 27.".. "'Pr' Notary Public,State of Texas •j'N MY Commission Expires ;�-' 0,2007 Rebecca Ann Enders ,i'4:•;:•.,• March 1 TYPED OR PRINTED NAME March 10,2007 MY COMMISSION EXPIRES Bond No. 6184514 OWNER ❑ CONSENT OF SURETY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ Conforms with the American Institute of SURETY ❑ Architects, AIA Document G707 OTHER ❑ TO OWNER: City of Wylie,Texas ARCHITECTS PROJECT NO.: (Name and address) 2000 Hwy.78 North Wylie,TX 75098 CONTRACT FOR: PROJECT: Rush Creek Sewer&Force Main CONTRACT DATED: (Name and address) Wylie,Texas August 27 2002 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Safeco Insurance Company of America,Safeco Plaza, Seattle,WA 98185 ,SURETY, on bond of (Insert name and address of Contractor) Texas Electric Utility Construction, Inc.,4613 Hwy. 1417 N., Sherman,TX 75092 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Wylie,Texas 2000 Hwy.78 North Wylie,TX 75098 ,OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: October 31 2003 (Insert in writing the month followed by the numeric date and year.) Safeco Insurance Company of America,Safeco Plaza, Seattle,WA 98185 (Surety) tait_e—Toe (Sig azure of authorized representati e) .fittest: (Seal),: Krista M.Stromberg,Attorney-in-Fact (Printed name and title) S-2134/GEEF 10/01 FRP Bond No. 6184514 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of Americas, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances, we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond, or any generally applicable rules of law. At this time, there is no premium charge resulting from this Act. POWER SAFECO INSURANCE COMPANY OF AMERICA S A F E C O' GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint PATRICK D.DINEEN;HEIDI BOCKUS;KRISTA M.STROMBERG;KATHIE L.WIEGERS;TEVY LOR;THOMAS J.JOCHUMS;JAY A.MILEY;SUZANNE HOLDEN;THERESA A.LAMB;Seattle,Washington its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of September , 2003 41-e- pc-a-714% CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 31st day of October 2003 • ,4eCOM Polzo. ����4 �CE COMP, yo CORPORATE S( EA) W SEAL T 1az% 'for mow "`*ofyiasiA CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 09/12/2003 PDF All-Purpose Certificate of Acknowledgment State of Washington County of King On October 31, 2003 before me, Theresa A. Lamb DATE NAME OF NOTARY PUBLIC personally appeared Krista M. Stromberg and Kathie L. Wiegers NAME(S)OF SIGNER(S) El personally known to me- OR ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument `VERESq �G,, and acknowledged to me that he/she/they executed the same in ��` •o....... •q his/her/their authorized capacity(ies), and that by his/her/their p�T ��°.�;r signature(s) on the instrument the person(s), or the entity upon 1 ,,! :m? behalf of which the person(s) acted, executed the instrument. 5.41 j. M: i�� 4 11C z Witness my hand and official seal. <, SIGN�A_/TTURE OF NOTARY PUBLIC Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S) ❑ Individual(s) Type of Document ❑ Corporate Officer: Consent of Suretyto Final Payment Form ❑ Title(s) y ❑ Partner(s)'' Number of Pages Q Attorney-in-Fact ❑ Trustee(s) Two (2) ❑ Subscribing Witness Date of Document ❑ Guardian/Conservator ❑ Other: October 31, 2003 Signer(s) Other Than Named Above None SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Safeco Insurance Company of America Document3 WYLIE CITY COUNCIL AGENDA ITEM NO. 1. December 9, 2003 Issue Consider and act upon an agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. Background The Bozman Farms development is located south of Brown and east of FM 544. The Rush Creek sewer lift station is located along the north edge of the development and the new Rush Creek sewer lift station is located at the southern end of the development on Troy Road as shown on the attached map. A portion of the 30-inch sewer line has been installed to provide service to the Bozman Farms development, however, approximately 1,650 linear feet of 30-inch sewer line is necessary to connect the new Rush Creek lift station to the City's sewer system. The existing Rush Creek lift station has reached its useful life and the installation of the sewer line will allow the removal of the station. The proposed agreement allows the developer to receive reimbursement through impact fees for the installation of the sewer line. The sewer line is currently identified on the City's Capital Improvements Plan and is a part of the current impact fee calculation. An impact fee reimbursement agreement is advantageous because the developer can negotiate a cheaper construction cost than the City can achieve through the bidding process. Financial Considerations The construction cost of the sewer line is $371,960.77. Phase I of the Bozman Farms and Lake Trails of Bozman Farms development includes 382 lots for a sewer impact fee of$467,186.00. Reimbursements will be made to developer as the builders pay the sewer impact fee for the lots in Phase I. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends execution of the impact fee agreement with Bozman Farms Development, Ltd. Attachments Impact Fee Agreement Display ( i ►, a�Uh Prepared by Rev' ed by Finance ity M.,e er Approval IMPACT FEE AGREEMENT THIS IMPACT FEE AGREEMENT (the "Agreement") is made and entered into as of this 9th day of December, 2003 by and between Bozman Farms Development, Ltd., Red Group Developer Services (Lake Trails) (collectively referred to as the "Developer"), and the City of Wylie, Texas ("City"), and on the terms and conditions hereinafter set forth. WHEREAS, the Developer owns approximately 476 acres of land more or less, situated in the Allen Aterberry Survey, Abstract No. 23 and the Aaron Was Survey, Abstract No. 919, in the City of Wylie, Collin County, Texas (hereinafter defined as the "Property"); and WHEREAS, the Developer desires to construct an offsite sanitary sewer line and related improvements as described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Project") to provide sewer services to a portion of City's Sewer Service Area (hereinafter defined); and WHEREAS, the Project is identified on City's Capital Improvements Plan; and WHEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos 93-4 and 97-4, 2001- 19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising (hereinafter referred to collectively as "the Impact Fee Ordinances"); and WHEREAS, the Developer desires to fulfill its obligation to pay a portion of the sewer impact fees due on the Property as prescribed in the Impact Fee Ordinances; and WHEREAS, the Developer desires to obtain partial reimbursement of its Project Costs (hereinafter defined as the "Project Costs") by receiving a credit against sewer impact fees due IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 1 under the Impact Fee Ordinances and/or the payment of such costs as more fully set forth herein; and WHEREAS, City desires to provide Developer a credit against sewer impact fees owed on the Property under the Impact Fee Ordinances and/or pay to Developer a portion of 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 City agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is approximately 476 acres of land in the Allen Atterberry Survey, Abstract No. 23 and the Aaron Wes Survey, Abstract No. 979 in the City of Wylie, Collin County, Texas and more particularly described in Exhibit "B" attached hereto and incorporated herein for all purposes (the "Property"). 2. Easements for Sewer Line. Developer shall convey any and all easements necessary as solely determined by City 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. By or before April 1, 2004 Developer will construct and pay for all construction costs of the Project, which includes (i) a thirty inch (30") offsite sanitary sewer line from the Property to just north of the Rush Creek Lift Station as such line location is more particularly described in Exhibit "A" (the "Sewer Line"); and (ii) the costs of engineering, surveying and inspection related to the sewer line (collectively, the "Project Costs"). IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 2 4. Service Area. The Project described above will assist the City in providing sewer services to a portion of the City's Sewer Service Area, as depicted on the [insert relevant doc. and/or CCN info] (the "Sewer Service Area"). 5. Estimated Project Costs. The total Project Costs are Three hundred fifty-six thousand, nine hundred sixty dollars and seventy-seven cents ($356,960.77) and a line item listing of each component of the Project Costs is set forth on Exhibit "C" attached hereto and incorporated herein for all purposes. 6. Reimbursement of Project Costs. Upon acceptance by City of the easements and the sewer line, Developer will receive a reimbursement and/or a credit for sewer impact fees due on the Property under the Impact Fee Ordinances (hereinafter collectively referred to as the "Developer's Credit") in the total amount of Three hundred fifty-six thousand, nine hundred sixty dollars and seventy-seven cents ($356,960.77) of which Fifty-five thousand ($55,000.00) will be reimbursed and/or credited to Red Group Developer Services (Lake Trails) and Three hundred one thousand, nine hundred sixty dollars and seventy-seven cents ($301,960.77) will be reimbursed and/or credited to Bozman Farms Development, Ltd. which is equal to the actual Project Costs as follows: A. Credit Against Impact Fees. To the extent a Developer's Credit exists as of the date sewer impact fees are due from the Property, then Developer shall be entitled to apply the Developer's Credit or a portion thereof towards and against the sewer impact fees due under the Impact Fee Ordinances from the 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. In the event the amount of sewer impact fees due on the Property does not exceed the Developer's Credit, the Developer's IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 3 Credit is not transferable for credit for other impact fees due on the property. Otherwise, the sewer impact fees due on the Property will be paid according to the Impact Fee Ordinances. B. Reimbursement Payment. To the extent a Developer's Credit exists on the date the City receives Uncommitted Funds (as hereinafter defined), then the City shall promptly pay such Uncommitted Funds to Developer as provided herein, not to exceed the Developer's Credit. 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 (6) 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 sewer impact fees as provided in development agreements executed prior to the date of this Agreement, City agrees not to pay or reimburse any other party or entity for credited sewer impact fees before Developer is fully reimbursed either through credits against sewer impact fees as provided above or reimbursement as provided in this paragraph, the total Developer's Credit. 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 Property within the City's Sewer Service Area (Developer's "Other Property"), IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 4 Developer shall have the option of having the Developer's Credit or a portion thereof (to the extent Developer's 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 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. In the event the amount of sewer impact fees due on Developer's Other Property does not exceed the Developer's Credit, the Developer's Credit is not transferable for credit for other impact fees due on Developer's Other Property. Otherwise the sewer impact fees due on the Developer's Other Property will be paid according to the Impact Fee Ordinance. 7. Capital Improvement Plan. City includes 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 City covering property taxes, park dedications and/or payments in lieu of dedication of land, utility rates or other impact fees for water and sewer, are not affected by this Agreement, and Developer shall have no right to any reimbursements and/or credits of any portion of any sums collected by City with respect to the Property 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 City and free and clear of any liens and encumbrances. IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 5 B. Construction of the Project will be in accordance with the Ordinances of City. C. Except as provided for in this Agreement, the parties agree that Developer shall be subject to all Ordinances of City, including without limitation, the other provisions of the Impact Fee Ordinances, whether now existing or in the future arising. D. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. E. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. F. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. G. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. H. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 6 I. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and successors. This Agreement may not be assigned by Developer without the prior written consent of City. J. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect. Such validity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. K. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. L. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. M. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 10. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 7 addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Developer to: Red Group Developer Services 1771 International Parkway, Suite 127 Richardson, Texas 75081 Bozman Farms Development, Ltd. 5001 LBJ Freeway, Suite 830 Dallas, Texas 75244 If to Wylie, to: Ms. Mindy Manson Interim City Manager 2000 Highway 78 North Wylie, Texas 75098 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. By: Red Group Developer Services By: Bozman Farms Development, Ltd. By: By: Its: Its: Date: Date: CITY OF WYLIE, TEXAS By: Name: Mindy Manson Title: Interim City Manager Date: December 10, 2003 IMPACT FEE AGREEMENT BETWEEN BOZMAN FARMS AND CITY OF WYLIE—page 8 . IR „ . ,, „,,,,,,,.,, „Ai* b � � '� - '" _ - - 1 ate.. 4 -;P ^a� ; ;i i 4 � ,� ,y ; e t i alC:, ,-, � t _,� jj' a g, •_ ■ i'!„r;4:- 1 .4.= i t 4 4., „„,,,,..4 ,Nkik, 4. Sfl P3N , r ..,*I � yq i " '+,: - . 1, `�G ,. 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December 9, 2003 Issue Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Background During the October 14 City Council meeting, staff presented an ordinance which would place the responsibility of sidewalk maintenance and repair on the adjacent property owner. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. At that time, the Council tabled the item and requested staff to bring back additional information including estimates for the cost to repair sidewalks citywide. Staff evaluated sidewalks 5 (five) years and older, as well as identifying areas without sidewalks. Existing sidewalks in need of maintenance were divided into 3 (three) categories based on the type of maintenance issues. General assumptions were made and costs estimates, per linear foot, were calculated. All cost estimates are intended to reflect minimum costs, and do not include situations that will be unique to every project, i.e. tree removal, irrigation replacement/repair, etc. Total linear feet identified in need of repair is 16,625' at a minimum cost of $1,144,375. Excluding commercial and industrial areas, and major roads, there are approximately 53,550 linear feet of areas without sidewalk. The cost to construct sidewalks in these areas is estimated to be at least $1,071,000. Please find attached a memo from Jack Jones which further identifies the categories of sidewalks, as well as providing pictures as examples. Also attached is a summary of sidewalk regulations from several municipalities. Other Considerations N/A Financial Consideration The 1999 Bond Election set aside $500,000 for sidewalks, which has not yet been issued. Discussion regarding the future use of the bond funds has centered on the proposed construction of new sidewalks to provide links, as opposed to the maintenance of existing sidewalks. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Memo—Jack Jones Summary of various municipal codes Ordinance P epared Rev e y Finan e Ci y Mana r Approval Flower Mound Sec. 58-33. Notice to reconstruct a repair. Any sidewalk, alley, driveway or curb which has become defective, unsafe and hazardous is hereby declared a nuisance, and it shall be the duty of the owner of the property abutting such sidewalk, alley, driveway or curb, or his agent, to reconstruct or repair such sidewalk, alley, driveway or curb, in accordance with the standard specifications of the town. Such expense shall be borne by the abutting property owner or whoever created the condition. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, alley, driveway or curb ordered to be reconstructed or repaired by the town's engineering department shall be punishable as provided in section 1-13 of this Code. (Code 1989, ch. 7, § 3.03) Mesquite Sec. 15-44. Repair of defective, etc., sidewalk, etc., by abuttingproperty owner; notice to repair; failure to comply with notice. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the building official shall notify the owner of the abutting property to reconstruct or repair same. (Code 1960, § 15-27; Ord. No. 2930, § 1, 10-18-93) Grand Prairie Sec. 29-113. Maintenance of the sidewalk and right-of-way. In all provisions of this Code relative to the responsibility of a homeowner, lessor, lessee, resident, etc. of property within the city, it shall be the responsibility of a homeowner, lessor, lessee, and/or resident of any such premises to maintain the sidewalk and all areas of the property, including the curb and all right-of-way, in a safe and efficient manner. Whenever any provision of this code shall provide that any property shall be maintained, it is to be read to include all such area, including the buildings, the property, the adjacent right of way and sidewalk, and the surface of all easements, and such persons shall do nothing that would prevent the purpose and all incidental uses of such easements. (Ord. No. 6234, § 4, 3-21-00) Richardson Sec. 20-11. Hazardous driveways, curbs, gutters, etc., to be repaired. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the chief building official shall notify the owner of the abutting property to reconstruct or repair same. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the chief building official to do so shall be guilty of a misdemeanor. (Code 1966, § 20-6) Sec. 20-8. Liability of abutting property owners and special users. (a) The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized in this chapter or by reason of the approval or disapproval of any access, facilities, surfacing, or appurtenances not made in accordance with standards or specifications of this chapter. (b) It shall be the duty of any property owner, landlord, tenant, lessee, sublessee or person making special use of any sidewalk or curb for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited in this article or not, to keep such sidewalk, parkway, curb and driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, curb, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. Allen Sec. 13-3. Sidewalk maintenance; homeowners participation in cost. (a) The official policy of the City of Allen shall be that owners of property situated within a zoning district of the city other than single-family residential and adjacent to and abutting sidewalks that are in need of repair, maintenance, replacement or reconstruction, are responsible for all the costs associated therewith. The city will participate, upon the terms and conditions adopted pursuant to subsection (c) hereof, with owners of property situated within a single-family residential zoning district of the city in the repair, maintenance, replacement or reconstruction of sidewalks adjacent to and abutting such property and requiring same. (b) In the event any property owner in the city is unwilling to participate voluntarily in the repair, replacement or maintenance of a sidewalk that is determined by the city council to be a hazard to the public safety and welfare, the city council shall undertake involuntary assessment proceedings to affect the necessary repairs. (c) The property owner and the city shall each be responsible for fifty (50) percent of the total repair and/or replacement costs, including costs of labor, material, equipment, engineering and inspection services. The procedures and forms for maintenance, repair, and replacement of sidewalks within single-family residential zoning districts of the city, as such procedures and forms are set forth on exhibit "A" hereto, made a part hereof for all purposes, are hereby approved and adopted by the city council. (Ord. No. 1286-9-94, §§ 1--3, 9-15-94) Garland Sec. 31.134. Duty to keep sidewalks in safe condition. It shall be the duty of any abutting property owner to keep the sidewalk, parkway, curb and driveway abutting such property in a good and safe condition, free from any defects and hazards of whatsoever kind and character. By way of example and not of limitation, a sidewalk is hazardous if it contains a separation of line and grade in excess of three (3) inches between adjacent sections of sidewalk or if it contains surface deterioration to such an extent that it may not be safely negotiated by a person in a two (2) inch heeled shoe. Sec. 31.135. Liability for damages resulting from defective sidewalks. The abutting property owner or person making a special use of a sidewalk or enjoying the use of any property abutting on a sidewalk or curb that has become defective or hazardous and has resulted in causing damage or injury as a result of such defective or hazardous condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective or hazardous condition. The City shall not be held as assuming any such liability by reason of inspection of any sidewalk or providing notice as authorized in this article. Sec. 31.136. Notice to reconstruct or repair. Any sidewalk, parkway, driveway or curb which has become defective or hazardous is hereby declared a nuisance and it shall be the duty of the owner of property abutting such sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk, parkway, curb or driveway in accordance with the standard specifications of the City and such expense shall be borne by the abutting property owner. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, parkway, curb or driveway within thirty (30) days from receipt of a notice to repair from the Engineering Department shall constitute an offense. Sec. 31.137. Repair by City; costs to be a lien against abutting property and owner personally liable for costs. If any person fails or refuses to comply with the provisions of Section 31.136 within the time limits specified therein, the City may in its discretion, but assumes no duty to, go upon such property and do or cause to be done the work necessary to obtain compliance with this article. The expense so incurred by City in correcting the condition shall be a personal obligation of the owner of the abutting property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the work was done, the City shall file with the Clerk of the county where the property is located a statement of the expense incurred in correcting the condition of the property. When such statement is filed, the City shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of 10% per annum from the date the City incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recovery and foreclosure had by the City. Nothing herein shall inhibit the right of the City to make immediate repair of any condition considered to be of unusual and immediate danger to persons or property. In such instance, the Director of Engineering shall send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property, and within ten (10) days the owner shall have the right to a hearing on the matter of the reasonableness of the action and cost of repair. The owner shall pay the reasonable expenses as determined by the Director. In the event the owner fails or refuses to pay such expense within thirty (30) days after notice of the reasonable charge by the Director of Engineering, the City shall follow the procedure written above to perfect a lien on such property, which lien shall have the same character as written above. Sec. 31.138. City participation in sidewalk/curb and gutter reconstruction. The City may participate in the reconstruction provided monies are available for this program from bond funds. If monies are available, City participation in the cost of improvements will be on a 50/50 basis with the abutting property owner as provided for in Section 31.76. If the property owner's share of the cost of improvements is equal to or greater than $1,000.00, payment may be made in not more than thirty-six (36) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by State law as provided for in Section 31.77. DeSoto Sec. 3.1105 Maintenance of Public Rights-of-Way and Easements (a) Maintenance of Public Rights-of-Way. (1) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the adjacent curb, and if no curb exists, then to a line ten (10) feet from the edge of the street pavement toward the property line. (2) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the edge of the adjacent alley pavement. (3) Any owner of property abutting on a public street and sidewalk shall clean and maintain in good repair the sidewalk and any driveway approach apron crossing the sidewalk. (4) The owner of property which abuts on any public street, sidewalk or driveway approach apron shall be liable for any injury or damage arising from a defect or defects caused by any act of omission, failure or negligence relative to the maintenance or repair of such sidewalk or driveway approach apron crossing such sidewalk. Lancaster Sec. 3.903 Liability (a) Abutting Owner's Liability. The abutting property owner or person, firm or corporation enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. ORDINANCE NO. 2003-26 AN ORDINANCE AMENDING CHAPTER 102 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" OF THE CODE OF ORDINANCES OF THE CITY OF WYLIE, TEXAS; ESTABLISHING RULES AND REGULATIONS GOVERNING PERSONS RESPONSIBLE FOR MAINTENANCE AND REPAIR OF SIDEWALKS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to adopt rules and regulations governing persons responsible for maintenance and repair of sidewalks; and WHEREAS, it is in the interest of the public health, safety and welfare that streets, sidewalks and other public places are repaired and maintained; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for this Ordinance have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: 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 Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances. Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances is hereby amended by adding the following: Section 102-76. Sidewalk Repair; Persons Responsible. (a) At any time after the construction of any sidewalk, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be assessed against and borne by the owner, agent in charge or tenant of the property abutting the sidewalk. All repairs and maintenance shall meet the standards for construction of sidewalks set forth in the City of Wylie Thoroughfare Standards Manual, Section V, Sidewalk Location and Design Standards and City of Wylie Thoroughfare Standards Manual, Standard Construction Details. (b) It shall be the duty of the owner, agent in charge or tenant of property abutting on any sidewalk to keep such sidewalk in good and safe condition and free from any defects of whatever kind or character. In this connection, any sidewalk which has become or is defective, unsafe or hazardous is hereby declared to be a nuisance, and the failure of any owner, agent in charge or tenant, to construct, reconstruct or repair any such sidewalk within thirty (30) days from the date of written notice form the city's building official to do so, shall constitute a misdemeanor. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Chapter 102 of Wylie's 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 9th day of December, 2003. John Mondy, Mayor ATTEST: Carole Erhlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 3. Tuesday, December 9, 2003 Issue Consider and act upon a motion to remove Downtown Merchants request for Hwy. 78 access from the table and a motion to re-table the item. There is no documentation for this item. WYLIE CITY COUNCIL AGENDA ITEM NO. 4. Tuesday, December 9, 2003 Issue Consider and act upon the evaluation, duties and assignment of the Interim/Acting City Manager and establish the appropriate compensation for the interim period. There is no documentation for this item.